ORDINANCE _________________

AN ORDINANCE related to land use and zoning adopting a new Commercial chapter of the Seattle Municipal Code, SMC 23.47A and a new Definitions chapter of the Code SMC 23.84A, adding new Sections to the Seattle Municipal Code 23.34.084, 23.42.050, 23.42.052, 23.44.048, 23.44.050, 23.45.148, 23.45.152, 23.54.015, 23.86.022, 23.86.023; amending Seattle Municipal Code Sections 3.20.320, 10.08.140. 15.54.010, 23.20.004, 23.40.050, 23.41.012, 23.42.106, 23.43.040, 23.44.006, 23.44.015, 23.44.022, 23.44.026, 23.45.004, 23.45.110, 23.45.124, 23.46.004, 23.48.006, 23.48.032, 23.49.025, 23.49.044, 23.49.062, 23.49.092, 23.49.118, 23.49.144, 23.49.320, 23.49.338, 23.50.002, 23.50.012, 23.50.014, 23.50.015, 23.54.016, 23.54.020, 23.54.030, 23.57.008. 23.61.008, 23.61.012, 23.61.014, 23.66.122, 23.66.130, 23.66.322, 23.66.326, 23.67.050, 23.69.024, 23.71.008, 23.71.016, 23.71.038, 23.71.044, 23.72.008, 23.73.008, 23.73.010, 23.74.008, 23.76.026, 23.91.002, 25.08.225; repealing Chapter 23.47 and Sections 23.34.086, 23.34.088, 23.44.048, 23.44.050, 23.45.148, 23.45.152, 23.54.015, 23.61.010; amending the Official Land Use Map (SMC Chapter 23.32) to rezone all P1 and P2 designations now shown on the Official Land Use Map to P; and amending SMC 23.41.010 to modify the Design Review Guidelines for Multifamily and Commercial Buildings; all in order to support neighborhood business districts, implement Comprehensive Plan and Neighborhood Plan policies for Commercial areas; and to simplify the Land Use Code.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection B of section 3.20.320 of the Seattle Municipal Code, which section was last amended by Ordinance 120494, is amended as follows:

3.20.320 TDR Bank.

B. TDR Eligible for Purchase and Sale. Landmark TDR, housing TDR, and open space TDR, each as defined in SMC Chapter 23.84A, are eligible for purchase by the City's TDR Bank, subject to the provisions of this section. Any TDR eligible for transfer under SMC Chapter 23.49 are eligible for sale by the TDR Bank.

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Section 2. Subsection M of section 10.08.140 of the Seattle Municipal Code, which section was last amended by Ordinance 121332, is amended as follows:

10.08.140 Definitions.

M. "Residence" means a building or structure or portion thereof designed to be used as a place of abode for human beings and not used for any other purpose. The term includes all dwelling units within the definition of a "residential use," as defined in SectionChapter 23.84A.032.

Section 3. Section 15.54.010 of the Seattle Municipal Code, which section was last amended by Ordinance 121278, is amended as follows:

15.54.010 Definitions.

The terms "city transportation authority," "monorail guideway," "monorail transit facility," "monorail transit station," and "monorail transit system" shall have the same meaning as the definitions of those terms in Chapter 23.84A.

Section 4. Section 23.20.004 of the Seattle Municipal Code, which section was last amended by Ordinance 115875, is amended as follows:

23.20.004 Exemptions from platting regulations.

The provisions of Subtitle II shall not apply to:

1. Cemeteries and other burial plots while used for that purpose;

2. Divisions of land into lots or tracts each of which is one one-hundred-twenty-eighths (1/128) of a section of land or larger or five (5) acres or larger if the land is not capable of description as a fraction of a section of land;

3. Divisions made by testamentary provisions, or the laws of descent;

4. Divisions of land into lots or tracts classified for industrial or commercial use when the City has approved a binding site plan as defined in Section 23.84A.004 for the use of land;

5. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are to be placed upon the land when a binding site plan has been approved for the use of the land;

6. A transfer of land to the City for open space purposes; provided that any remaining lot or lots which are consistent with Subtitle III shall be considered legal building sites; and provided further that the land transferred to the City shall not be a legal building site without compliance with the applicable platting requirements of Subtitle II.

Exemptions provided by this section shall not be construed as exemptions from compliance with other applicable development standards required by this Code.

Section 5. A new Section 23.34.084 of the Seattle Municipal Code, is adopted to read as follows:

23.34.084 Pedestrian District overlay (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 autooriented uses;

4. Pedestrian interest and activity;

5. Minimal pedestrian-auto conflicts

B. Locational Criteria. The Pedestrian District Overlay designation is most appropriate in areas generally characterized by the following conditions:

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

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

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

Section 6. Section 23.34.086 of the Seattle Municipal Code, which Section was adopted by Ordinance 112777, is repealed.

Section 7. Section 23.34.088 of the Seattle Municipal Code, which Section was adopted by Ordinance 112777, is repealed.

Section X. Section 23.40.050 of the Seattle Municipal Code, which was last amended by Ordinance 120318, is amended as follows:

23.40.050 Demonstration program for innovative housing design.

A. Purpose and Intent. The purpose of this section is to establish a demonstration program for innovative housing design. The goals of the demonstration program are to test new or more flexible regulations and processes in an effort:

1. To encourage housing production, particularly types of housing that are not readily available in Seattle, or are not currently being produced;

2. To stimulate innovative housing design that is consistent with the housing goals of a neighborhood, and that fits in with or improves the character of the neighborhood;

3. To encourage the development of housing that will serve as a catalyst to stimulate housing production, particularly in neighborhoods where new or rehabilitated residential development has been limited;

4. To serve as a model for other neighborhoods, demonstrating housing solutions that could have broader application in other neighborhoods;

5. To increase the diversity of housing types and levels of affordability to meet the varied needs and goals of a neighborhood.

B. Scope of Authority to Modify Land Use Code Requirements. Demonstration projects shall be selected and reviewed in accordance with the demonstration program for innovative housing design adopted by Ordinance 119241, as modified and amended by Ordinances 119368, 119784 and 120318. Each demonstration project shall comply with all of the requirements of the Land Use Code otherwise applicable to the project, except as specified below:

1. Each demonstration project, including single-family development and redevelopment of existing structures, shall be reviewed through the design review process contained in SMC Chapter 23.41 and in SMC Chapter 23.76. Detached accessory dwelling unit projects selected in Category one of the demonstration program shall use the administrative design review process at SMC Section 23.41.016.

2. A maximum of ten (10) detached accessory dwelling units may be allowed in single-family zones contrary to the requirement in SMC Section 23.44.006 A. For purposes of this section, a "detached accessory dwelling unit" means an additional room or set of rooms that are located within a structure accessory to an owner-occupied single-family structure, that is not connected to the principal structure and is designed, arranged, occupied or intended to be occupied by not more than one (1) household as living accommodations independent from any other household. Such units must be developed according to the development standards for accessory structures and accessory dwelling units in single-family zones, Sections 23.44.040 and 23.44.041, except that:

a. Contrary to SMC Section 23.44.041 A4 the accessory dwelling unit may be located in a structure that is detached from the singlefamily dwelling that is the principal use on the lot; and

b. Additional modifications to the development standards contained in SMC Section 23.44.040 and SMC Section 23.44.041 may be allowed as departures through the design review process under SMC Section 23.41.012; and

c. In addition to the development standard departures allowed in Section 23.41.012, a departure may be allowed for additional height up to a maximum of two (2) stories, in order to accommodate detached accessory dwelling units in a single story unit above a detached garage and other detached accessory dwelling units of a similar height; provided that, no height departure may be granted that would result in a structure that is higher than the maximum allowed for single-family structures in single-family zones other than lots zoned residential small lot.

3. A maximum of ten (10) projects that include cottage housing, tandem housing or small lot single-family development may be allowed in a single-family zone, contrary to the minimum lot area requirements of SMC Section 23.44.010 and other development standards contained in SMC Chapter 23.44. Such development must comply with the residential small lot development standards, SMC Chapter 23.43, except that modifications to the development standards contained in SMC Chapter 23.43 may be allowed as departures through the design review process as follows:

a. A maximum of six (6) of these projects will be designated as Type A projects. For these Type A projects, in addition to the development standard departures allowed under SMC Section 23.41.012, departures may also be allowed for:

(1) Additional height up to a maximum of fifteen (15) percent over the maximum allowed by SMC Section 23.43.012 for cottage housing, by SMC Section 23.43.010 for tandem housing and by SMC Section 23.43.008 for small lot single-family development; provided that, no height departure may be granted that would result in a structure that is higher than the maximum allowed for single-family structures in single-family zones other than lots zoned residential small lot;

(2) The maximum total floor area of each cottage as required by SMC Section 23.43.012 D, as long as the maximum amount of total floor area for the entire cottage housing development is not increased.

b. A maximum of four (4) of these projects will be designated as Type B projects. For Type B projects, all of which must be in cottage housing developments, in addition to the development standard departures allowed under SMC Section 23.41.012 and the departures allowed pursuant to SMC Section 23.40.050 B3a for Type A projects, departures may also be allowed:

(1) For increased density beyond that allowed by SMC Section 23.43.012 B1 when the additional dwelling units are located above garages in accessory structures in the cottage housing development, and the maximum increase in dwelling unit density allowed by this demonstration project is fifty (50) percent above that allowed by the current density limits contained in SMC Section 23.43.012 B1; and

(2) For additional height for accessory structures beyond the twelve (12) feet allowed by SMC Section 23.43.040 A3, when the accessory structure contains a garage with above-garage dwelling units, up to a maximum of fifteen (15) percent over the maximum allowed by SMC Section 23.43.012 C for principal structures in cottage housing developments; provided that, no height departure may be granted that would result in an accessory structure that is higher than the maximum allowed for single-family structures in singlefamily zones other than lots zoned residential small lot.

4. A maximum of six (6) multifamily demonstration projects in a multifamily zone or as a part of a mixed-use development project in a commercial zone outside of downtown, may be granted height departures through the design review process, contrary to SMC Chapter 23.41 which, with one (1) exception, does not allow height departures. A height departure of up to fifteen (15) percent over the maximum height limit of the zone, may be allowed as long as:

a. No additional floors are constructed as a result of this additional height;

b. The overall scale of development as viewed from the street front has generally not increased;

c. The structure is compatible with the neighborhood, and with the scale of development allowed in the zone;

d. A height exception under SMC Section 23.47A.012 A1 or A2 08 C3 or C4 will not be requested as part of the project; and

e. If private views protected by SMC Section 23.47A.012 A3 08 C4c will be blocked by the demonstration project, no additional height greater than the additional height that could be granted by a height exception under SMC Section 23.47.012 A2 ( 08 C4c may be granted by a height departure under the demonstration program.

5. A maximum of six (6) residential projects in an existing structure in multifamily or commercial zones outside of downtown, including mixed-use development, may use the design review process. Development standard departures currently allowed only for new development under SMC Section 23.41.012 may be granted for the redevelopment of these existing structures.

C. Vesting. For purposes of the demonstration program, all projects selected as demonstration projects are subject to the vesting of development rights and Master Use Permit expiration rules applicable to projects subject to design review contained in SMC Section 23.76.026 C.

D. Master Use Permit Expiration. For purposes of the demonstration program, all projects selected as demonstration projects are subject to the Master Use Permit expiration rules applicable to Master Use Permits with a design review component contained at SMC Section 23.76.032 A1f.

E. Master Use Permit Renewal. For purposes of the demonstration program, all projects that are selected as demonstration projects are subject to the Master Use Permit renewal standards contained at SMC Section 23.76.032 B1 and 2 only; the renewal standards in SMC Section 23.76.032 B3 shall not apply to demonstration projects.

F. Cancellation, Renewal and Reestablishment of Building Permit Applications. All projects that are chosen as demonstration projects must comply with all applicable provisions of the Seattle Building Code, except as follows:

1. Cancellation of Permit Application. For purposes of this demonstration program and for purposes of the cancellation of permit application standards contained in Section 106.6.4 of the Seattle Building Code, all projects selected as demonstration projects shall be considered to be projects that are vested to prior Land Use Code provisions and ones which do not conform to the codes currently in effect.

2. Renewal of Building Permits. For purposes of this demonstration program, Section 106.9.2 of the Seattle Building Code does not apply and building permits for projects selected as demonstration projects shall not be renewed unless:

a. The building official determines that the permit complies, or is modified to comply, with the code or codes in effect on the date of application renewal; or

b. The work authorized by the permit is substantially underway and progressing at a rate approved by the building official. "Substantially underway" means that work such as excavation, inspections, and installation of framing, electrical, mechanical and finish work is being completed on a continuing basis;

c. Commencement or completion of the work authorized by the permit was delayed by litigation, appeals, strikes or other causes related to the work authorized by the permit, beyond the permit holder's control; and

d. For any demonstration project in a landslide-prone area, the requirements of SMC Section 25.09.345 also apply.

3. Reestablishment of Expired Building Permit. For purposes of this demonstration program, no building permit that has expired and not been renewed pursuant to subsection F2 above, shall be reestablished. The exception to Section 106.9.3 of the Seattle Building Code does not apply.

Section 8. Section 23.41.012 of the Seattle Municipal Code, which was last amended by Ordinance 121359, is amended as follows:

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 standardsrequirements would result in a development which that better meets the intent of theadopted design guidelines.

B. Departures may be granted from anythe following requirements, except for the following:

1. Use requirements, including but not limited to, requirements for permitted, prohibited or conditional uses;

2. Residential density limits;

3. Floor Area Ratios;

4. Maximum size of use;

5. Maximum structure height, provided that:

1. Structure width and depth limits;

2. Setback requirements;

3. Modulation requirements;

4. SM zone facade requirements, including transparency and blank facade provisions;

5. Design, location on the lot and access to parking requirements;

6. Open space or common recreation area requirements;

7. Lot coverage limits;

8. Rooftop coverage limits that apply within the South Lake Union Hub Urban Village;

9. Screening and landscaping requirements;

10. Standards for the location and design of nonresidential uses in mixed use buildings;

11. Within Urban Centers, in L3 zones only, the pitched roof of a structure, as provided in Section 23.45.009 C, may incorporate additional height of up to twenty (20) percent of the maximum height permitted, as provided in Section 23.45.009 A, subject to the following limitations:

a. A pitched roof may not incorporate the additional height if the structure is on a lot abutting or across a street or alley from a single-family residential zone,

b. The proposed structure must be compatible with the general development potential anticipated within the zone,

c. The additional height must not substantially interfere with views from up-slope properties, and

d. No more than one (1) project on one (1) site within each Urban Center may incorporate additional height in the pitched roofs of its structures pursuant to this subsection unless development regulations enacted pursuant to a neighborhood planning process allow other projects to incorporate such additional height;

a.12. Building height departures may be granted within the Roosevelt Commercial Core (up to an additional three (3) feet) for properties zoned NC3-65', (Exhibit 23.41.012 A, Roosevelt Commercial Core);

b.13. Building height departures may be granted within the Ballard Municipal Center master plan area, for properties zoned NC3-65', (Exhibit 23.41.012 B, Ballard Municipal Center Master Plan Area). The additional height may not exceed nine (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. Building height departures may be granted in DOC 1 and DOC 2 zones as provided in subsection 23.49.008 A 2;

d. Building height departures may be granted in Lowrise zones in order to protect existing trees as provided in Chapter 25.11;

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

6. Quantity of parking required, and maximum number of drive-in lanes, provided that:

a.14. Reduction in rRequired 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. The parking requirement must be no less than the required parking for Pedestrian 1 designated areas shown in Section 23.47.044 Chart E23.54.015 Chart D;

b. Departures from the parking standards of Section 23.54.015 may be granted in Midrise and Commercial zones in order to protect existing trees as provided in Chapter 25.11;

15. Downtown or Stadium Transition Overlay District street facade requirements;

16. Downtown upper-level development standards;

17. Downtown coverage and floor size limits;

18. Downtown maximum wall dimensions;

19. Downtown street level use requirements;

20. Combined coverage of all rooftop features in downtown zones subject to the limitations in Section 23.49.008 C2; and

21. Certain conditions to allowance of additional height in DOC 1 and DOC 2 zones pursuant to subsection 23.49.008 A 2, as follows:

a. Limits on gross floor area of stories under subsection 23.49.008 A2a(2); and

b. Percentages of lot area that must be occupied by open space or by structures no greater than thirty-five (35) or sixty-five (65) feet in height, under subsection 23.49.008 A2b(1).

22. Building height in Lowrise zones, and parking standards of Section 23.54.015 in Midrise and Commercial zones, in order to protect existing trees as provided in Chapter 25.11;

7. 23. Downtown view corridor and Downtown Green Street 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 or Green Street setback, provided such railings are determined to have a minimal impact on views and meet the requirements of the Building Code; and

24. Minor communication utility height limits in downtown zones set forth in SMC Section 23.57.013 B, and

telecommunication facilities development standards set forth in Section 23.57.016.

8. Shoreline view corridors and shoreline public access, provided that departures from shoreline view corridors and shoreline public access may be granted as provided in Chapter

23.60.162.

9. Standards for storage of solid-waste containers, provided that departures from Standards for storage of solid-waste containers may be granted as provided in Chapter 23.47A.029

10. Noise and odor standards.

Section 9. A new Section 23.42.050 of the Seattle Municipal Code, is adopted to read as follows:

23.42.050 Home occupations.

A home occupation is permitted outright in all zones as an accessory use to any residential use permitted outright or to a permitted residential conditional use subject to the standards of this Section.

A. The occupation shall be customarily incidental to the use of the property as a dwelling.

B. Commercial deliveries and pickups shall be limited to one (1) 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 and not in an accessory structure, except that 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 structure, 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 structure, 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 (1) 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 (2) passenger vehicles, vans and similar vehicles each not exceeding a gross vehicle weight of ten thousand (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 shall be regulated by Section 23.55.020.

L. Child care programs in the home of the operator shall be limited to twelve (12) children per day including the children of the operator.

Section 10. A new Section 23.42.052 of the Seattle Municipal Code, is adopted to read as follows:

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 subject to the standards of this Section.

A. Small Animals. Up to three (3) small animals can be kept on a lot, except as follows:

1. In no case can more than one (1) miniature potbelly pig be kept on a lot (see subsection B of this section).

2. Up to four (4) small animals are permitted on lots of at least twenty thousand (20,000) square feet. One (1) additional small animal is permitted for each five thousand (5,000) square feet of lot area in excess of twenty thousand (20,000) square feet. Accessory structures, including kennels, for four (4) or more animals must be at least ten (10) feet from any other residentially zoned lot.

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 may be kept in the City which is greater than twenty-two (22) inches in height at the shoulder or more than one hundred fifty (150) pounds in weight.

C. Domestic Fowl. Up to three (3) domestic fowl may be kept on any lot in addition to the small animals permitted in the preceding subsection. For each one thousand (1,000) square feet of lot area in excess of the minimum lot area required for the zone, one (1) additional domestic fowl may be kept.

D. Farm Animals. Cows, horses, sheep and other similar farm animals are permitted only on lots of at least twenty thousand (20,000) square feet. The keeping of swine is prohibited, except for miniature potbelly pigs allowed under subsection B of this section.

1. One (1) farm animal for every ten thousand (10,000) square feet of lot area is permitted.

2. Farm animals and structures housing them must be kept at least fifty (50) feet from any residentially zoned lot.

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 (4) hives, each with only one (1) swarm, shall be kept on lots of less than ten thousand (10,000) square feet.

2. Hives shall not be located within twenty-five (25) feet of any property line except when situated eight (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 eight (8) feet above the adjacent existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any property line within twenty-five (25) feet of a hive and extending at least twenty (20) feet beyond the hive in both directions.

Section 11. Section 23.42.106 of the Seattle Municipal Code, which Section was last amended by ordinance 121477, is amended as follows:

23.42.106 Expansion of nonconforming uses.

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F. 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 increase the net land area occupied by the cemetery; (2) the land being added to the cemetery is contiguous to the existing cemetery and is not separated from the existing cemetery by a public street or alley whether or not improved; and (3) the use of the land being added as a cemetery will not result in the loss of housing.

Section 12. Subsection C of Section 23.43.040 of the Seattle Municipal Code, which Section was last amended by ordinance 117430, is amended as follows:

23.43.040 Accessory uses and structures.

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C. Home Occupations. Home occupations are permitted accessory uses in the RSL zone, subject to the standards contained in Section 23.44.050, Home occupations.Home occupations are regulated by Section 23.42.050, Home Occupations.

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Section 13. Section 23.44.006 of the Seattle Municipal Code, which Section was last amended by ordinance 119239, is amended as follows:

23.44.006 Principal uses permitted outright.

The following principal uses shall be permitted outright in singlefamily zones:

A. Single-family Dwelling Unit. One (1) single-family dwelling unit shall be permitted on a lot, except when an accessory dwelling unit is approved pursuant to Section 23.44.041, and except as approved as part of an administrative conditional use permit under SMC Section 25.09.260;

B. Floating Homes. Floating homes shall be permitted uses in single-family zones subject to the requirements of Chapter 23.60;

C. Existing Cemetery. Existing cemeteries shall be permitted to continue in use. No new cemeteries shall be permitted and 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 increase the net land area occupied by the cemetery, (2) the land being added to the cemetery is contiguous to the existing cemetery and is not separated from the existing cemetery by a public street or alley whether or not improved, and (3) the use of the land being added, as a cemetery, will not result in the loss of housing;

D. Public or private parksC. Parks and Open Space, including customary buildings and activities, provided that garages and service or storage areas accessory to parks shall be located one hundred (100) feet or more from any other lot in a residential zone

and shall be obscured from view from such lot;

E. Public playgrounds;

F. Existing railroad right-of-way;

FG. Public Schools Meeting Development Standards. New public schools or additions to existing public schools and accessory uses including child care centers shall be permitted in all single-family zones subject to the special development standards and departures from standards contained in Section 23.44.017. Departures from development standards may be permitted or required pursuant to procedures and criteria established in Chapter 23.79, Development Standard Departure for Public Schools;

GH. Uses in existing or former public schools:

1. Child care centers, preschools, public or private schools, educational and vocational training for the disabled, adult evening education classes, nonprofit libraries, community centers, community programs for the elderly or similar uses shall be permitted in existing or former public schools.

2. Other nonschool uses shall be permitted in existing or former public schools pursuant to procedures established in Chapter 23.78, The Establishment of Criteria for Joint Use or Reuse of Schools.

3. Additions to existing public schools may be made only when the proposed use of the addition is a public school;

IH. Nursing Homes. Nursing homes, meeting the development standards of this chapter, and limited to eight (8) or fewer residents;

JI. Adult Family Homes. Adult family homes, as defined and licensed by the state of Washington.

Section 14. Section 23.44.015 of the Seattle Municipal Code, which section was last amended by Ordinance 117202, is amended as follows:

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.

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Section 15. Subsection A of Section 23.44.022 of the Seattle Municipal Code, which Section was last amended by ordinance 120117, is amended as follows:

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

Public or private lLibraries

Existing institutes for advanced study

Other similar institutions

The following institutions are prohibited in single-family zones:

Hospitals

Colleges and universities

Museums

Private clubs

Vocational schools

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Section 16. Subsection B of Section 23.44.026 of the Seattle Municipal Code which section was last amended by Ordinance 112777, is amended as follows:

23.44.026 Use of landmark structures.

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B. The parking requirements for a use allowed in a landmark are those listed in Chart A of Section 23.54.015. These requirements may be waived pursuant to Section 23.54.020 C.

Section 17. Section 23.44.048 of the Seattle Municipal Code, which section was last amended by Ordinance 116694, is repealed and replaced with the following:

23.44.048 Keeping of animals.

The keeping of animals is regulated by Section 23.42.052, Keeping of Animals.

Section 18. Section 23.44.050 of the Seattle Municipal Code, which section was last amended by Ordinance 117263, is repealed and replaced with the following:

23.44.050 Home occupations.

Home occupations are regulated by Section 23.42.050, Home Occupations.

Section 19. Section 23.45.004 of the Seattle Municipal Code, which Section was last amended by ordinance 119238, is amended as follows:

23.45.004 Principal uses permitted outright.

A. The following principal uses shall beare permitted outright in all multifamily zones:

1. Single-family dwelling units;

2. Multifamily structures;

3. Congregate residences;

4. Adult family homes;

5. Nursing homes;

6. Assisted living facilities;

7. Institutions meeting all development standards;

8. Major Institution and Major Institution uses within Major Institution Overlay Districts subject to Chapter 23.69;

9. Public facilities meeting all development standards;

10. Existing cemeteries; and

1110. Public or private pParks and open space playgrounds including customary buildings and activities.

B. In Midrise and Highrise zones certain ground-floor business and commercial uses shall be permitted outright according to the provisions of Section 23.45.110.

C. Uses in existing or former public schools:

1. Child care centers, preschools, public or private schools, educational and vocational training for the disabled, adult evening education classes, nonprofit libraries, community centers, community programs for the elderly and similar uses shall be permitted in existing or former public schools.

2. Other nonschool uses shall be permitted in existing or former public schools pursuant to procedures established in Chapter 23.78, Establishment of Criteria for Joint Use or Reuse of Schools.

D. Existing cemeteries shall be permitted to continue in use. No new cemeteries shall be permitted and 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 increase the net land area occupied by the cemetery; (2) the land being added to the cemetery is contiguous to the existing cemetery and is not separated from the existing cemetery by a public street or alley whether or not improved; and (3) the use of the land being added, as a cemetery, will not result in the loss of housing (for the living).

E. Medical service use, meeting the development standards for institutions, shall be permitted outright on property conveyed by

a deed from the City which, at the time of conveyance, restricted the property's use to a health care or health-related facility.

Section 20. Subsection B of Section 23.45.110 of the Seattle Municipal Code, which Section was last amended by ordinance 121145, is amended as follows:

23.45.110 Ground-floor business and commercial use in Midrise and Highrise zones.

* * *

B. Permitted Commercial Uses. The following uses shall be permitted as ground-floor commercial uses in Midrise and Highrise

zones:

1. Personal and household retail s Sales and services, general;

2. Medical services;

3. Restaurants;

4. Business support services;

5. Offices; and

6. Food processing and craft work; and.

7. Retail sales, major durables.

* * *

Section 21. Subsection B of Section 23.45.124 of the Seattle Municipal Code which section was last amended by Ordinance 112777, is amended as follows:

23.45.124 Landmark structures.

* * *

B. The parking requirements for a use allowed in a landmark are those listed in Chart A ofSection 23.54.015. These requirements may be waived pursuant to Section 23.54.020 C.

Section 22. Section 23.45.148 of the Seattle Municipal Code, which section was last amended by Ordinance 116694, is repealed and replaced with the following:

23.45.148 Keeping of animals.

The keeping of animals is regulated by Section 23.42.052, Keeping of Animals.

Section 23. Section 23.45.152 of the Seattle Municipal Code, which section was last amended by Ordinance 117263, is repealed and replaced with the following:

23.45.152 Home occupations.

Home occupations are regulated by Section 23.42.050, Home Occupations.

Section 24. Subsection B of Section 23.46.004 of the Seattle Municipal Code, which Section was last amended by ordinance 121196, is amended as follows:

23.46.004 Uses.

* * *

B. Live-work units and the following commercial uses shall be permitted outright:

1. Personal and household retail sSales and services, general;

2. Medical services;

3. Restaurants;

4. Business support services;

5. Offices; and

6. Food processing and craft work; and.

7. Retail sales, Major durables.

* * *

Section 25. Chapter 23.47 of the Seattle Municipal Code is repealed.

Section 26. A new Chapter 23.47A of the Seattle Municipal Code is adopted to read as follows:

23.47A.002 Scope of provisions.

A. This chapter describes the authorized uses and development standards for the five commercial zones: Neighborhood Commercial 1 (NC1), Neighborhood Commercial 2 (NC2), Neighborhood Commercial 2/Residential (NC2/R), Neighborhood Commercial 3 (NC3), Neighborhood Commercial 3/Residential (NC3/R) Commercial 1 (C1), and Commercial 2 (C2); and Commercial zones that have a pedestrian designation (P) on the Official Land Use Map.

B. In addition to the regulations of this chapter, certain commercial areas may be regulated by Subtitle IV, Division 3, Overlay Districts.

C. Other regulations, such as, and not limited to, requirements for setbacks from property lines to provide clearance for the Seattle City Light Overhead Power Distribution System located in the street right-of-way (Washington Administrative Code 296-24-960 and 296-155-

428, National Electric Safety Code-2002, Rules 236 and 237, and Seattle City Light Guideline D2-3); requirements for streets, alleys and easements (Chapter 23.53); standards for parking quantity, access and design (Chapter 23.54); signs (Chapter 23.55); and methods for measurements (Chapter 23.86) may apply to development proposals. Communication utilities and accessory communication devices, except as exempted in Section 23.57.002, are subject to the regulations in this chapter and additional regulations in Chapter 23.57.

23.47A.004 Permitted and prohibited uses.

A. All uses are permitted outright, prohibited, or permitted as a conditional use according to Chart A, and this section.

B. All permitted uses are allowed as a principal use or as an accessory use, unless otherwise indicated in Chart A.

C. The Director may authorize a use not otherwise permitted in the zone in a landmark structure, subject to the following criteria:

1. The use will not require significant alteration of the structure;

2. The design of the structure makes uses permitted in the zone impractical in the structure, or the permitted uses do not provide sufficient financial return to make use of the landmark structure feasible; and

3. The physical impacts of the use will not be detrimental to other properties in the zone or vicinity or to the public interest.

D. Residential Uses.

1. Residential use along street-level, street-facing facades that exceeds 20% of the width of a facade. Residential use along street-level, street-facing facades that exceeds 20% of the width of a facade does not include an assisted living facility. Residential use along street-level, street-facing facades that exceeds 20% of the width of a facade is permitted as an administrative conditional use, unless:

a. The structure is located within an area in which the use is either permitted outright or prohibited, as shown on the Maps 23.47A.004 A, B, C, D, E, and F;

b. The structure is located within the Lake City Hub Urban Village or Bitter Lake Hub Urban Village in which case residential use along street-level, street-facing facades that exceeds 20% of the width of a facade is prohibited at street level as provided in Section 23.47A.005 D1

c. The structure is located in a pedestrian-designated zone, along the designated principal pedestrian street, in which case

residential use along street-level, street-facing facades that exceeds 20% of the width of a facade is prohibited at street level as provided in Section 23.47A.005 D1;

d. The structure is located within a zone that has a height limit of eighty-five (85) feet or higher, not including zones designated NC2/R or NC3/R, in which case residential use along street-level, street-facing facades that exceeds 20% of the width of a facade is prohibited at street level;

e. The residential use is a nursing home, in which case it is permitted outright unless prohibited as provided in subsection 23.47A.005 D1;

f. The structure is located within the Station Area Overlay District, in which case the provisions of Chapter 23.61 apply;

g. The structure is in a part of the International Special Review District east of the Interstate 5 Freeway, in which case residential use along street-level, street-facing facades that exceeds 20% of the width of a facade is permitted outright as provided in Section 23.66.330; or

h. The structure, in any commercial zone, is for a lowincome housing project and:

(1) An application for a reservation of tax credit for 1988 and 1989 under the low-income tax credit program administered by the Washington State Housing Finance Commission was filed on or before March 15, 1988; or

(2) A nonprofit corporation purchased sites, signed options or entered into a real estate purchase agreement prior to March 15, 1988, in either of which cases the residential use along streetlevel, street-facing facades that exceeds 20% of the width of a facade is permitted outright.

2. Where residential use is limited to 20% of the street-level, street-facing facade, residential and nonresidential uses may be in separate structures, in which case:

a. A temporary certificate of occupancy shall not be issued for the residential structure(s) until a schedule for completion of the nonresidential building is presented to and approved by the Director, and substantial construction of the nonresidential structure is completed. Substantial construction means that the framing of the exterior walls has been inspected and approved; and

b. The 20% limitation requirement shall apply to the lot's lineal street frontage at street level.

3. Except as provided in Section 23.47A.004 D1, residential Use is permitted outright in NC1, NC2, NC2/R, NC3, NC3/R and C1 zones; provided that, for assisted living facilities, which are considered mixed use development, private living units and parking accessory to those units are prohibited at street level.

4. For purposes of this subsection D, live-work units shall be deemed a nonresidential use.

E. Public Facilities.

1. Except as provided in subsection 2 below, uses in public facilities that are most similar to uses permitted outright or permitted as a conditional use under this chapter are permitted outright or as a conditional use, respectively, subject to the same use regulations, development standards and conditional use criteria that govern the similar uses.

2. Permitted Uses in Public Facilities Requiring Council Approval. Unless specifically prohibited in Chart A, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter, may be permitted

by the City Council. Uses in public facilities must meet the development standards of the zone in which they are located, except as provided in subsection E3.

3. In all commercial zones, uses in public facilities not meeting development standards may be permitted by the Council if the following criteria are satisfied:

a. The project provides unique services that are not provided to the community by the private sector, such as police

and fire stations;

b. The proposed location is required to meet specific public service delivery needs;

c. The waiver or modification to the development standards is necessary to meet specific public service delivery needs; and

d. The relationship of the project to the surrounding area has been considered in the design, siting, landscaping and screening of the facility.

4. The City Council's use approvals and waivers and

modifications of applicable development standards or conditional use criteria contemplated by subsections 2 and 3 are governed by the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions.

5. Expansion of Uses in Public Facilities.

a. Major Expansion. Major expansion of uses in public facilities allowed in subsections D1, D2 and D3 may be permitted according to the criteria and process in those subsections. A major expansion of a public facility use occurs when an expansion would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions to uses in public facilities allowed in subsections D1 and D2 above may be permitted according to the provisions of Chapter 23.76, for a Type I Master Use Permit.

6. Essential Public Facilities. Permitted essential public facilities will be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

F. Changes from accessory to principal use parking.

1. In zones where principal use parking is permitted outright, accessory parking may be converted to principal use parking without a separate use permit or approval when the use served by the accessory parking has been discontinued. Any existing nonconformities as to development standards may be maintained.

2. In zones where principal use parking is not permitted outright, it may be permitted as an administrative conditional use according to subsection 23.47A.006 B. 7.

G. Live-work Units.

1. Live-work units are permitted outright in all commercial zones subject to the provisions of this title.

2. Live-work units at street level are prohibited in pedestrian designated zones along principal pedestrian streets, as provided in 23.47A.004 Chart A, in the Lake City Hub Urban Village, and in the Bitter Lake Hub Urban Village.

3. Live-work units located at street level where permitted are subject to the development standards in Section 23.47A.036.

CHART A FOR SECTION 23.47A.004

PERMITTED AND PROHIBITED USES USES BY ZONE PERMITTED AND PROHIBITED AT STREET LEVEL ALONG PRINCIPAL USES NC1 NC2 NC3 C1 C2 PEDESTRIAN STREETS IN P-DESIGNATED AREAS1

I. COMMERCIAL

I.A. Sales and services, General

I.A.1. Retail sales and 10 25 P P P P services, General

I.A.2. Retail sales, 10/232 50 P P P P Multipurpose

I.B. Sales and services, Heavy

I.B.1. Retail sales and 10 25 P P P X services, Non-household

I.B.2. Retail sales and 10 25 P P P P services, Major durables

I.B.3. Commercial sales, Heavy X X 25 P P X

I.B.4. Commercial services, X X X P P X Heavy

I.B.5. Wholesale showrooms X X 25 25 P X

I.C. Eating and drinking establishments

I.C.1. Restaurants 10 25 P P P P

I.C.2. Drinking establishments CU CU P P P P (10) (25)

I.D. Lodging X3 254 P P P P

I.E. Entertainment

I.E.1. Theaters and spectator X 25 P P P P sports facilities

I.E.2. Sports and recreation, 10 25 P P P P Indoor

I.E.3. Sports and recreation, X X X5 P P X Outdoor

I.E.4. Adult motion picture X 25 P P P X theaters

I.E.5. Adult panorams X X X X X X

I.F. Sales and services, Automotive

I.F.1. Retail sales and 10 25 P P P X services, Automotive

I.F.2. Sales and rental of X 25 P P P X motorized vehicles

I.F.3. Vehicle repair, major X 25 P P P X automotive

I.G. Sales and services, Marine

I.G.1. Sales and rental of large X 25 P P P X boats

I.G.2. Vessel Repair, Minor 10 25 P P P X

I.G.3. Vessel Repair, Major X X X S S X

I.G.4. Marine service station 10 25 P P P X

I.G.5. Sale of boat parts or 10 25 P P P X accessories

I.H. Animal Shelters and X X X X P X Kennels

I.I. Office 10 25 P 35 35 X

I.J Medical services6 10 25 P P P P

I.K. Laboratories, Research 10 25 P P P X and development

I.L. Food processing and craft 10 25 25 P P X work

II. TRANSPORTATION FACILITIES

II.A. Rail transit facilities P P P P P P

II.B. Passenger terminals X X 25 P P X

II.C. Vehicle storage and maintenance

II.C.1. Transportation services, X X P P P X Personal

II.C.2. Bus base X X X CCU CCU X

II.C.3. Railroad switchyard X X X X X X

Transportation II.D. facilities, Air

II.D.1. Helistops X X CCU CCU CU X

II.D.2. Heliports X X X X X X

II.D.3. Airports (water-based) X X X X S X

II.D.4. Airports (land-based) X X X X X X

II.E. Parking and moorage

II.E.1. Parking, principal use X 25 P P P X

II.E.1.a Park and Pool Lots P7 P P P P X .

II.E.1.b Park and Ride Lots X X CU CU CU X .

II.E.2. Towing services X X X P P X

II.E.3. Boat moorage S S S S S X

II.E.4. Dry boat storage X 25 P P P X

II.F. Cargo terminals X X X S P X

III. UTILITIES

III.A. Utilities Service Uses 10 25 P P P X

III.B. Communication Utility, P P P P P X Minor8

III.C. Communication Utility, X X X CCU CCU X Major8

III.D. Recycling X X X P P X

III.E. Solid waste management X X X X X X

III.F. Sewage Treatment Plants X X X X X X

III.G. Power Plants X X X X X X

IV. MANUFACTURING

IV.A. Manufacturing, Light X 10 25 P P X

IV.B. Manufacturing, General X X X P P X

IV.C. Manufacturing, Heavy X X X X X X

V. HIGH IMPACT USES X X X X X X

VI. STORAGE

VI.A. Mini-warehouse X X 25 40 P X

VI.B. Warehouse X X 25 25 P X

VI.C. Storage, Outdoor X X X9 P P X

INSTITUTIONS VII.

VII.A. Institutions not listed 10 25 P P P X

below

VII.B. Museum 10 25 P P P P

VII.C. Community clubs and 10 25 P P P P centers

VII.D. Religious Facility P P P P P P

VII.E. Library 10 25 P P P P

VII.F. School, Elementary or P P P P P P Secondary

VIII. PUBLIC FACILITIES

VIII.A. Jails X X X X X X

VIII.B. Work-release centers CCU CCU CCU CCU CCU X (10) (25)

IX. RESIDENTIAL10

IX.A. Residential uses not P/CU11 P/CU11 P/CU11 P/CU11 CU11 X listed below

IX.B. Caretaker's quarters P P P P P X

X. LIVE/WORK UNITS12 P P P P P X

XI. PARKS AND OPEN SPACE P P P P P P

XII. AGRICULTURAL USES

XII.A. Animal Husbandry A A A A P X

XII.B. Horticulture 10 25 P P P X

XII.C. Aquaculture 10 25 P P P X

XIII. CEMETERIES X X X X X X

X X X X X X

KEY

P = Permitted

10 = Permitted up to 10,000 sq. ft.

20 = Permitted up to 20,000 sq.ft.

25 = Permitted up to 25,000 sq. ft.

35 = Permitted up to 35,000 sq. ft.

50 = Permitted up to 50,000 sq. ft.

S = Permitted in shoreline areas only

A = Permitted as an accessory use only

CU = Administrative Conditional Use

CCU = Council Conditional Use

X = Prohibited

NOTES

1. Pedestrian access to uses prohibited at street level may occupy no more than 20% of a street level, street facing facade per 23.47A.008 when permitted in the underlying zoning. Uses prohibited in the underlying zoning are not permitted in P-designated areas. Any maximum size limits in the underlying zoning continue to apply in Pdesignated areas.

2. Grocery stores meeting the conditions of subsection 23.47A.010E are permitted up to 23,000 sq. ft. in size.

3. Bed and Breakfasts in existing structures are permitted

4. Lodging meeting the conditions of subsection 23.47A.010F is permitted up to 25,000 sq. ft. in size.

5. Permitted at Seattle Center.

6. Medical services over 10,000 sq. ft. within 2,500 feet of a medical MIO Boundary require conditional use approval, unless they are included in a Major Institution Master Plan or dedicated to veterinary services.

7. Permitted only on parking lots existing at least 5 years prior to the establishment of the park and pool lot.

8. See Chapter 23.57 for regulation of communication utilities.

9. Permitted at Seattle Center, see 23.47A.011.

10. Residential uses in mixed use developments in which residential uses along street-level, street-facing facades do not exceeds 20% of the width of a facade, and satisfy Section 23.47A.009, and assisted living facilities are permitted outright in NC1, NC2, NC3, and C1 zones. Residential use along street-level, street-facing facades

that exceeds 20% of the width of a facade generally may be permitted in NC1, NC2, NC3, and C1 zones as an administrative conditional use pursuant to Section 23.47A.006 B.3. Residential use along streetlevel, street-facing facades that exceeds 20% of the width of a facade is permitted outright in limited areas and circumstances, and is prohibited in certain areas as described in subsection 34.47A.004 D. "Residential use along street-level, street-facing facades that exceeds 20% of the width of a facade" may include a structure with both residential and nonresidential uses but does not include an assisted living facility. All residential uses, other than nursing homes, in the C2 zones are subject to an administrative conditional use approval. Nursing homes are permitted outright in all commercial zones, whether in a mixed use structure satisfying Section 23.47A.009 and Section 23.47A.004 D or not, except in pedestrian-designated Zones (see Chart A for this section, above).

11. An accessory dwelling unit added to a single-family residence shall be allowed outright and shall not require a separate conditional use permit. The unit shall be considered accessory to the single-family residence, shall meet the standards listed for accessory dwelling units in Section 23.44.041 and shall not be considered a separate dwelling unit for all development standard purposes in commercial zones.

12. Subject to subsection 23.47A.004 G and to development standards in Section 23.47A.036. Except where expressly treated as a residential use, live-work units and shall be deemed a nonresidential use.

Map 23.47A.004 A

Street-level residential use permitted outright without width limit.

Map 23.47A.004 B

(West Seattle Junction Hub Urban Village SPR map (currently map C) Not Currently Available

Street-level residential use permitted outright without width limit.

Map 23.47A.004 C

Street-level residential use permitted outright without width limit.

Map 23.47A.004 D

(Rainier Beach Urban Village SPR map (Formerly Map F)not currently available)

Street-level residential use permitted outright without width limit.

Map 23.47A.004 E

(Columbia City Residential Urban Village SPR map (formerly map H)not currently available)

Street-level residential use permitted outright without width limit.

Map 23.47A.004 F

(Madison Miller Residential Urban Village SPR map (formerly Map J)not currently available)

23.47A.005 Street-level uses.

A. Uses are subject to the requirements of the zone in which they are located, except as modified by this section.

B. Principal use or accessory parking, mini-warehouses, warehouses, or utility uses may not be located adjacent to a streetlevel, street-facing facade in structures that contain more than one residential unit.

C. In NC zones, permitted street-level parking must be separated from the street-level, street-facing facade of a new structure by another permitted use.

D. Pedestrian-designated zones.

1. Uses in pedestrian-designated zones are limited to those permitted at street level along principal pedestrian streets by

Chart A of Section 23.47A.004, if permitted in the underlying commercial zone.

2. The following streets are principal pedestrian streets when located within a pedestrian-designated zone:

10th Avenue;

11th Avenue;

12th Avenue;

15th Avenue East;

15th Avenue Northwest

22nd Avenue Northwest;

22nd Avenue East;

23rd Avenue;

24th Avenue Northwest;

25th Avenue Northeast;

Beacon Avenue South;

Boren Avenue;

Boylston Avenue;

Broadway;

Broadway East;

California Avenue Southwest;

East Denny Way;

East Greenlake Drive North;

East Madison Street;

East Olive Street;

East Olive Way;

East Pike Street;

East Union Street;

Eastlake Avenue East;

First Avenue North;

Fremont Avenue North;

Fremont Place North;

Greenwood Avenue North;

Lake City Way Northeast;

Madison Street;

Martin Luther King Jr. Way South;

Mercer Street;

North 85th Street;

Northeast 43rd Street;

Northeast 45th Street;

Northeast 125th Street;

Northwest 85th Street

Northwest Market Street;

Queen Anne Avenue North;

Rainier Avenue South;

Roosevelt Way Northeast;

Roy Street;

South Alaska Street;

South Henderson Street;

South Lander Street;

South McClellan Street;

South Othello Street;

Southwest Admiral Way

Southwest Alaska Street;

Summit Avenue;

Terry Avenue;

University Way Northeast; and

Woodlawn Avenue Northeast.

23.47A.006 Conditional uses.

A. All conditional uses are subject to the procedures described in Chapter 23.76, Master Use Permits and Council Land Use Decisions, and must meet the following criteria:

1. The use will not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. In authorizing a conditional use, adverse impacts may

be mitigated by imposing any conditions needed to protect other properties in the zone or vicinity and to protect the public interest. The Director shall deny or recommend denial of a conditional use if it is determined that adverse impacts cannot be mitigated satisfactorily.

B. The following uses, identified as administrative conditional uses on Chart A of Section 23.47A.004, may be permitted by the Director when the provisions of this subsection and subsection A are met:

1. Drinking establishments in NC1 and NC2 zones may be permitted as a conditional use subject to the following conditions or criteria:

a. The size of the drinking establishment, design of the structure, signing and illumination must be compatible with the character of the commercial area and other structures in the vicinity, particularly in areas where a distinct and definite pattern or style has been established.

b. The location, access and design of parking must be compatible with adjacent residential zones.

c. Special consideration will be given to the location and design of the doors and windows of drinking establishments to help ensure that noise standards will not be exceeded. The Director may require additional setbacks and/or restrict openings where the drinking establishment is located on a lot that abuts or is across from a residential zone.

d. Drinking establishments must not generate traffic that creates traffic congestion or further worsens spillover parking on residential streets.

2. Park-and-ride lots in NC3, C1 and C2 zones may be permitted as conditional uses subject to the following conditions or criteria:

a. The park-and-ride lot shall have direct vehicular access to a designated arterial improved to City standards.

b. If the proposed park-and-ride lot is located on

a lot containing accessory parking for other uses, there must be no substantial conflict in the principal operating hours of the parkand-ride lot and other uses on the lot.

c. Landscaping and screening in addition to that required for surface parking areas, noise mitigation, vehicular access control, signage restrictions, and other measures may be required to provide comfort and safety for pedestrians and bicyclists and to insure the compatibility of the park-and-ride lot with the surrounding area.

3. Street-level Residential Uses. Residential use along street-level, street-facing facades that exceeds 20% of the width of a facade may be permitted outright, permitted as an administrative conditional use or prohibited as provided by Section 23.47A.004 D. Additions to, or on-site accessory structures for, existing singlefamily structures are permitted outright. Where residential use along street-level, street-facing facades that exceeds 20% of the width of a facade may be permitted as an administrative conditional use, such a permit may be granted only when the following circumstances exist:

a. Due to location or parcel size, the proposed site is not suited for commercial development; or

b. There is substantial excess supply of land available for commercial use near the proposed site, evidenced by such conditions as a lack of commercial activity in existing commercial structures for a sustained period, commercial structures in disrepair, and vacant or underused commercially zoned land; provided that development with residential use along street-level, street-facing facades that exceeds 20% of the width of a facade shall not interrupt an established commercial street front. As used in this subsection, the phrase "established commercial street front" may include a street front intersected by streets or alleys, and some lots with no current commercial use.

4. Residential Uses in C2 zones

a. Residential Uses may be permitted in C2 Zones as a conditional use subject to the following criteria:

(1) The residential use should generally not be located in an area with direct access to major transportation systems such as freeways, state routes and freight rail lines.

(2) The residential use should generally not be located in close proximity to industrial areas and/or nonresidential uses that have the potential to create a nuisance or adversely affect the desirability of the area for living purposes as indicated either by their prohibition in the NC3 zone or their classification as a Major Noise Generator or their classification as a Major Odor Source.

(3) In making a determination to permit or prohibit residential uses in C2 zones, the Director shall take the following factors into account:

(a) The distance between the site in question and major transportation systems and potential nuisances;

(b) The presence of physical buffers between the site in question and major transportation systems and potential nuisance uses;

(c) The potential cumulative impacts of residential uses on the availability for nonresidential uses of land near major transportation systems; and

(d) The number, size and cumulative impacts of potential nuisances on the proposed residential uses.

b. Residential uses required to obtain a shoreline conditional use are not required to obtain an administrative conditional use.

c. Additions to, or on-site accessory structures for, existing residential structures are permitted outright.

5. Medical service uses over ten thousand (10,000) square feet, outside but within two thousand five hundred (2,500) feet of a medical Major Institution overlay district boundary, are subject to administrative conditional use approval, unless included in an adopted master plan or dedicated to veterinary services. In making a determination whether to approve or deny a medical service use, the Director must determine whether an adequate supply of commercially zoned land for businesses serving neighborhood residents will continue to exist. The following factors will be used in making this determination:

a. Whether the amount of medical service use development existing and proposed in the vicinity would result in an area containing a concentration of medical services with few other uses; and

b. Whether medical service use development would displace existing neighborhood-serving commercial uses at street level or disrupt a continuous commercial street front, particularly of retail and personal services uses, or significantly detract from

an area's overall neighborhood-serving commercial character.

6. Change of One Nonconforming Use to Another. A nonconforming use may be converted by an administrative conditional use authorization to a use not otherwise permitted in the zone based on the following factors:

a. New uses are limited to those first permitted in the next more intensive zone;

b. The relative impacts of size, parking, traffic, light, glare, noise, odor and similar impacts of the two (2) uses, and how these impacts could be mitigated.

c. The Director must find that the new nonconforming use is no more detrimental to property in the zone and vicinity than the existing nonconforming use.

7. Principal use parking may be authorized on a temporary basis as an administrative conditional use, except in pedestrian designated zones (P1 or P2) or within the Station Area Overlay District, under the circumstances described in subsection (a) below, subject to the conditions of subsection (b).

a. Eligible circumstances:

(1) Principal use parking is not permitted in the zone; and

(2) An existing surface parking area or structure has been used to provide accessory parking, and the use to which the parking was accessory has been discontinued; or

(3) The site has been cleared pursuant to an active permit authorizing construction and commencement of a new use on the property; or.

(4) Development of the site, including what is to become accessory surface or structured parking, is partially complete, but the use to which the parking is to be accessory has not yet been commenced.

b. Conditions.

(1) The permit may be issued for a two (2) year period. At the expiration of that period, the permit may be renewed for a maximum of two (2) additional years; and

(2) Exterior lighting and vehicle lights shall be shielded or screened to minimize glare affecting nearby uses.

C. The following uses, identified as Council Conditional Uses on Chart A of Section 23.47A.004, may be permitted by the Council when the provisions of this subsection and subsection A of this section are met.

1. New bus bases for one hundred and fifty (150) or fewer buses, or existing bus bases which are proposed to be expanded to accommodate additional buses, in C1 or C2 zones may be permitted according to the following standards and criteria.

a. The bus base has vehicular access, suitable for use by buses, to a designated arterial improved to City standards; and

b. The lot is of sufficient size so that the bus base includes adequate buffering from the surrounding area; and the

impacts created by the bus base have been effectively mitigated.

c. Mitigating measures may include, but are not limited to:

(1) Noise mitigation,

(2) An employee ridesharing program,

(3) Landscaping and screening,

(4) Odor mitigation,

(5) Vehicular access controls, and

(6) Other measures to insure the compatibility of the bus base with the surrounding area.

2. Helistops in NC3, C1 and C2 zones as accessory uses, according to the following standards and criteria:

a. The helistop is used solely for the takeoff and landing of helicopters serving public safety, news gathering or emergency medical care functions; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan approved by the City Council and is not within two thousand (2,000) feet of a residential zone.

b. The helistop is located so as to minimize impacts on surrounding areas.

c. The lot is of sufficient size that the operations of the helistop are buffered from the surrounding area.

d. Open areas and landing pads are hard-surfaced.

e. The helistop meets all federal requirements, including those for safety, glide angles and approach lanes.

3. Work-Release Centers in all Commercial Zones, according to the following standards and criteria:

a. Maximum Number of Residents. No work-release center may house more than fifty (50) persons, excluding resident staff.

b. If the work-release center is in a structure in which residences along street-level, street-facing facades exceed 20% of the width of a facade, the requirements of this Chapter 23.47A for such structures in which residential use along street-level, street-facing facades exceed 20% of the width of a facade Section 23.47.023 shall be followed. If the work-release center is in a structure in which residences along street-level, street-facing facades do not exceed 20% of the width of a facade mixed use structure, the requirements for mixed use structures in this Chapter 23.47A shall be followed.

c. Dispersion Criteria.

(1) The lot line of any new or expanding work-release center must be located six hundred (600) feet or more from any residential zone, any lot line of any assisted living facility, congregate residence, domestic violence shelter or nursing home, and any lot line of any school.

(2) The lot line of any new or expanding work-release center must be located one (1) mile or more from any lot line of any other workrelease center.

d. The Council's decision shall be based on the following criteria, after review by the Director and the Seattle Police Department:

(1) The applicant must demonstrate the need for the new or expanding facility in the City;

(2) The applicant must demonstrate that the facility can be made secure through a security plan to appropriately monitor and control residents, through a staffing plan for the facility, and through compliance with the security standards of the American Corrections Association;

(3) Proposed lighting must be located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure that security is maintained;

(4) The facility's landscape plan must meet the requirements of the zone while allowing visual supervision of the residents of the facility;

(5) Appropriate measures must be taken to minimize noise impacts on surrounding properties;

(6) The impacts of traffic and parking must be mitigated;

(7) The facility must be well-served by public transportation or the facility must demonstrate a commitment to a program of encouraging the use of public or private mass

transportation;

(8) Verification from the Department of Corrections (DOC) must be provided that the proposed work-release center meets DOC standards for such facilities and that the facility will meet state laws and requirements.

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

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 multi-tenant commercial structure shall not be considered as discontinued unless all units are either vacant or devoted to another use.

23.47A.007 Major Phased Developments.

A. An applicant may seek approval of a Major Phased Development, as defined in Section 23.84A.025. A Major Phased Development proposal is subject to the provisions of the zone in which it is located and shall meet the following thresholds:

1. A minimum site size of five (5) acres, where the site is composed of contiguous parcels or contains a right-of-way within.

2. The project, which at time of application shall be a single, functionally interrelated campus, contains more than one building, with a minimum total gross floor area of two hundred thousand (200,000) square feet.

3. The first phase of the development consists of at least one hundred thousand (100,000) square feet in gross building floor area.

4. At the time of application, the project is consistent with the general character of development anticipated by Land Use Code regulations.

B. A Major Phased Development application shall be submitted, evaluated, and approved according to the following:

1. The application shall contain a level of detail which is sufficient to reasonably assess anticipated impacts, including those associated with a maximum buildout, within the timeframe requested for Master Use Permit extension.

2. A Major Phased Development component shall not be approved unless the Director concludes that anticipated environmental impacts, such as traffic, open space, shadows, construction impacts and air quality, are not significant or can be effectively monitored and conditions imposed to mitigate impacts over the extended life of the permit.

3. Expiration or renewal of a permit for the first phase of a Major Phased Development is subject to the provisions of Chapter 23.76, Master Use Permits and Council Land Use Decisions. The Director shall determine the expiration date of a permit for subsequent phases of the Major Phased Development through the analysis provided for above; such expiration shall be no later than fifteen (15) years from the date of issuance.

C. Changes to the approved Major Phased Development. When an amendment to an approved project is requested, the Director shall determine whether or not the amendment is minor.

1. A minor amendment meets the following criteria:

a. Substantial compliance with the approved site

plan and conditions imposed in the existing Master Use Permit with the Major Phased Development component with no substantial change in the mix of uses and no major departure from the bulk and scale of structures originally proposed; and

b. Compliance with the requirements of the zone in effect at the time of the original Master Use Permit approval; and

c. No significantly greater impact would occur.

2. If the amendment is determined by the Director to be minor, the site plan may be revised and approved as a Type I Master Use Permit. The Master Use Permit expiration date of the original approval shall be retained, and shall not be extended through a minor revision.

3. If the Director determines that the amendment is not minor, the applicant may either continue under the existing MPD approval or may submit a revised MPD application. The revised application shall be a Type II decision. Only the portion of the site affected by the revision shall be subject to regulations in effect on the date of the revised MPD application. The decision may retain or extend the existing expiration date on the portion of the site

affected by the revision.

23.47A.008 Street-level development standards.

A. Basic standards. The following provisions apply to: structures in NC zones, structures that also contain a residential use in C zones, and structures in C zones across the street from residential zones.

1. Blank facades.

a. Blank segments of the street level, streetfacing facade between two (2) feet and eight (8) feet above the sidewalk may not exceed twenty (20) feet in width.

b. The total of all blank facade segments may not exceed forty (40) percent of the width of the facade of the structure along the street.

c. Facade segments that are not enhanced by the following shall be considered blank:

(1) Windows;

(2) Entryways or doorways;

(3) Stairs, stoops, or porticos;

(4) Decks or balconies; or

(5) Screening and landscaping.

2. Setback requirement. Street-level facades must be located within ten (10) feet of the street property line, unless wider sidewalks, plazas, or other open spaces are provided.

B. Nonresidential street level requirements. The provisions of Subsection A and the following apply to:

* Structures with street-level nonresidential uses in NC zones

* Structures with street-level nonresidential uses that also contain residential uses in C zones, and

* Structures in C zones across the street from residential zones.

1. Transparency.

a. Sixty (60) percent of the street level, streetfacing facade between two (2) feet and eight (8) feet above the sidewalk shall be transparent.

b. Transparent areas of facades shall be designed and maintained to allow unobstructed views into the structure or into display windows from the outside.

2. The following provisions apply to new structures or new additions to existing structures:

a. Nonresidential uses must extend an average of at least thirty (30) feet in depth at street level from the streetfacing facade of the structure, provided no depth is less than fifteen (15) feet, except in zones designated NC2/R or NC3/R. In no instance shall more than fifty (50) percent of the structure's footprint be required to be in nonresidential uses. If the street front facade and depth requirements result in a space greater than fifty (50) percent of the structure's footprint, the Director may modify the street front facade and depth requirements to reduce the space to fifty (50) percent of the structure's footprint.

b. Except in zones designated NC2/R or NC3/R nonresidential uses at street level must have a floor to floor height of at least thirteen (13) feet, except that a structure developed pursuant to Section 23.47A.004D1f shall not be required to meet the minimum thirteen (13) foot floor to floor height.

C. Pedestrian Designations. In Pedestrian-Designated zones, the provisions of Subsections A and B, and the following apply:

1. A minimum of eighty (80) percent of the width of a structure's street-level facade facing principal pedestrian streets must be occupied by uses identified by Chart A of Section 23.47A.004 as permitted at street level. The remaining twenty (20) percent of the street frontage may contain other permitted uses and/or pedestrian entrances (see Exhibit 23.47A.008 A).

2. For purposes of calculating the eighty (80) percent of a structure's street level facade at street level the width of the driveway accessing parking not to exceed twenty-two (22) feet may be subtracted from the length of the street facing facade if the access cannot be provided from a non-pedestrian designated side street or alley.

3. If the street level facade and depth requirements result in a space greater than fifty (50) percent of the structure's footprint, the street facing facade and depth requirements may be modified to reduce the space to fifty (50) percent of the structure's footprint.

D. Residential street-level requirements. When residential uses are located on a street-level facade facing the street, the provisions of Subsection A and the following apply:

1. At least one visually prominent pedestrian-oriented entry must be located on each street-level facade facing a street.

2. Either the first floor of the structure at or above grade shall be raised four (4) feet above sidewalk grade or the street-level facade shall be set back ten (10) feet from the sidewalk.

E. Modification: The Director may modify street-level requirements for projects that are not subject to the Design Review process if the proposal is shown to maintain the safety and

aesthetics of the streetscape for pedestrians and is shown to:

1. Maintain pedestrian access to the structure,

2. Maintain urban form consistent with adjacent structures;

3. Maintain the visibility of nonresidential uses, or

4. Maintain the privacy of residential uses.

23.47A.009 Mixed use development Upper Level Maximum Lot Coverage.

Except as provided in the Northgate Overlay District, Chapter 23.71:

1. Above thirteen (13) feet from finished grade, the residential portion of a structure containing residential and nonresidential uses shall be limited to a maximum lot coverage of sixty-four (64) percent. Portions of structures exempted from structure width as provided in Section 23.86.014 C shall also be exempt from lot coverage calculations.

2. If the nonresidential and residential uses are located in separate structures, this provision shall apply only to the portion of the residential structure more than thirteen (13) feet above finished grade.

3. This provision shall not apply when an area in an existing building, in nonresidential use as of April 3, 1995, is converted to residential use, provided that the structure is not modified in any way that increases the coverage to greater than sixty-four (64) percent of the portion of the structure in residential use and over thirteen (13) feet above finished grade.

4. This section does not apply within the Station Area Overlay District, Chapter 23.61.

23.47A.010 Maximum size of nonresidential use.

A. Maximum size of use limits may apply to either individual business establishments or individual uses comprising business establishments in accordance with Chart A of Section 23.47A.004.

B. Maximum size for all nonresidential uses in NC2/R and NC3/R shall apply per lot as follows:

1. Nonresidential uses designated NC2/R and NC3/R shall be limited to the size of the lot area or twenty thousand (20,000) square feet, whichever is greater.

2. Nonresidential uses in zones designated NC2/R and NC3/R with a height limit of thirty (30) or forty (40) feet may be increased in size up to one and one-half (1.5) times the lot area if the nonresidential use is in a mixed use structure in which residential uses along street-level, street-facing facades do not exceed 20% of the width of a facade, and if a minimum of thirty-five (35) percent of the gross floor area of the mixed use structure is in residential use, not including parking.

3. Nonresidential uses in zones designated NC2/R and NC3/R with a height limit of sixty-five (65) feet may be increased in size up to two (2) times the lot area if the nonresidential use is in a mixed use structure in which residential uses along street-level, street-facing facades do not exceed 20% of the width of a facade, and if a minimum of thirty-five (35) percent of the gross floor area of the mixed use structure is in residential use, not including parking.

C. Office uses in C1 and C2 zones are limited to a maximum square feet of floor area equal to the size of the lot, or thirtyfive thousand (35,000) square feet, whichever is greater. Office uses in C1 and C2 zones are exempt from this limit if the following NC3 zone standards are met:

1. Blank facades and setbacks, per Section 23.47A.008 A and Section 23.47A.016 E;

2. Transparency, per Section 23.47A.008 B1;

3. Outdoor storage areas, per Section 23.47A.011 E;

4. Screening for gas stations, per Section 23.47A.016 D3;

5. Drive-in lanes, per Section 23.47A.028;

6. Access to parking, per Section 23.47A.032 A; and

7. Location of parking, per Section 23.47A.032 B.

D. Maximum size of use is calculated by measuring the gross floor area of a structure(s) or portion of a structure(s) occupied by a single use or business establishment. Any gross floor area used for accessory parking is exempted from maximum size calculation.

E. In NC1 and NC2 zones, any area dedicated to outdoor display of goods or equipment, for rent or for sale, is to be included in determining the size of a business establishment.

F. Expansion or replacement of Grocery Stores in NC1 Zones. The maximum permitted size of use for expansion, or replacement onsite, of a grocery store in an NC1 zone is twenty-three thousand (23,000) sq. ft. when all of the following conditions are met:

1. The grocery store to be expanded or replaced is legally established as of August 1, 2005;

2. The lot abuts an arterial street and the expansion or replacement of the store is not likely to result in increases in traffic on non-arterial streets;

3. The expanded or replaced store will be part of a mixeduse development with at least 30% (thirty percent) of the gross floor area in residential use; and

4. Impacts to adjacent residential areas from loading activities are mitigated using screening, buffers or other techniques.

G. The size of use for lodging in NC2 Zones may be up to up to 25,000 sq. ft. when all of the following conditions are met:

1. The lodging contains no more than 50 units;

2. The proposed development is subject to the city design review;

3. The design of the development, including but not limited to signing and illumination, is compatible with surrounding commercial areas; and

4. Auto access is via an arterial street that does not draw traffic through primarily residentially zoned areas.

H. Maximum size of combined uses within a business establishment. When business establishments include more than one type of permitted principal use, the size of each principal use may not exceed the maximum size limit allowed for that individual use.

I. Split-Zoned Lots.

1. The total size of a business establishment and the total size of each use within a business establishment occupying portions of a lot in more than one zone may not exceed the maximum size allowed in the zone with the larger size limit.

2. The total size of that portion of a business establishment or of a use within a business establishment in each

zone may not exceed the maximum size allowed for that business establishment or use in that zone.

23.47A.011 Outdoor activities.

A. Except as provided in subsection F, outdoor activities associated with permitted commercial uses are permitted in commercial zones subject to the standards of the zone.

B. In NC1 and NC2 zones outdoor sales areas and outdoor display areas for rental equipment is included in determining the size of business establishments or uses as provided in subsection D of Section 23.47A.010, Maximum size of nonresidential use.

C. Outdoor sales area is limited as follows:

Zone Maximum Size Limit of Outdoor Sales Area

NC1 Zones 40% of Lot Area or 1,500 ft2, whichever is less

NC2 Zones 40% of Lot Area or 10,000 ft2, whichever is less

NC3, C1, C2 Zones No limit

D. Outdoor display areas for rental equipment are limited as follows:

Zone Maximum Size Limit of Outdoor Display of Rental Equipment

NC1 Zones 10% of Lot Area or 500 ft2, whichever is less

NC2, NC3 Zones 15% of Lot Area or 1,000 ft2, whichever is less

C1, C2 Zones No limit

E. Outdoor storage areas are limited as follows:

Zone Maximum Size Limit of Outdoor Storage Area

NC1, NC2, NC3 Zones Prohibited

Seattle Center 1,000 ft2 at any one location; and 10,000 ft2 for the entire site.

C1, C2 Zones No limit

F. The following outdoor activities must be located at least fifty (50) feet from a residentially zoned lot, except that this requirement does not apply if the elevation of the commercial property line is at least fifteen (15) feet above the residential property at the common lot line:

1. Outdoor sales and/or service of food or beverages;

2. Outdoor storage;

3. Outdoor sports and recreation;

4. Outdoor loading berths.

G. Outdoor activities must be screened and landscaped according to the provisions of Section 23.47A.016.

23.47A.012 Structure height

A. Maximum Height. The maximum height for structures in commercial zones may not exceed thirty (30) feet, forty (40) feet, sixty-five (65) feet, eighty-five (85) feet, one hundred twenty-five (125) feet, or one hundred sixty (160) feet, as designated on the Official Land Use Map, Chapter 23.32, except that:

1. In zones with a thirty (30) foot or forty (40) foot

maximum height limit, the height of a structure may exceed the height limit of the zone by up to four (4) feet, provided the following conditions are met:

a. The additional height will result in a floor to floor height of thirteen (13) feet or more for residential or nonresidential uses at street level;

b. A grade-separated pedestrian entry is provided for residential uses at street level (see exhibit 23.47A.012 A); or

c. Any increase in height permitted does not result in an additional story built beyond the number that could be built under the applicable height limit.

2. In zones with a thirty (30) foot or forty (40) foot height limit, the height of a structure may exceed the height limit of the zone by up to seven (7) feet, provided all of the following conditions are met:

a. Residential and multipurpose retail sales uses are located in the same structure; and

b. The total gross floor area of at least one (1) multi-purpose retail store use exceeds twelve thousand (12,000) square feet; and

c. The additional height will result in a minimum floor to floor height of sixteen (16) feet or more for the multipurpose retail sales use at street level; and

d. The additional height of the structure will not result in an additional story to be built beyond the number that could be built under the applicable height limit if a sixteen (16) foot floor to floor height were not required at street level.

3. The Director shall impose reductions of the residential floor to floor heights if the additional height of the structure, permitted by subsections A.1 and A.2 above, significantly blocks views from neighboring residential structures of the following: Mount Rainier, the Olympic and Cascade Mountains, the downtown skyline, Green Lake, Puget Sound, Lake Washington, Lake Union and the Ship Canal.

4. Monorail transit facilities may exceed the height limit of the zone according to the provisions of Section 23.80.004 or Section 15.54.020.

5. Within the South Lake Union Urban Center, maximum structure height is regulated by the provisions of the Seattle Mixed Zone, subsection 23.48.010.

6. Within the Station Area Overlay District within the University District Northwest Urban Center Village, maximum structure height may be increased to one hundred twenty-five (125) feet and permitted FAR is eight (8) when all of the following are met:

a. The lot is within two (2) blocks of a planned or existing light rail station;

b. The proposed use of the lot is functionally related to other office development, permitted prior to 1971, to have over five hundred thousand (500,000) square feet of gross floor area to be occupied by a single entity;

c. A transportation management plan for the life of the use includes incentives for light rail and other transit use by the employees of the office use;

d. The development shall provide street level amenities for pedestrians and shall be designed to promote pedestrian interest, safety, and comfort through features such as landscaping, lighting and transparent facades, as determined by the Director; and

e. This subsection can be used only once per functionally related development.

B. Sloped Lots. On sloped lots, additional height is permitted along the lower elevation of the structure footprint, at the rate of one (1) foot for each six (6) percent of slope, to a maximum additional height of five (5) feet (see Exhibit 23.47A.012 B ).

C. Pitched Roofs. The ridge of pitched roofs may extend up to five (5) feet above the maximum height limit in zones with height limits of thirty (30) or forty (40) feet. All parts of the roof above the height limit must be pitched at a rate of not less than three to twelve (3:12) (Exhibit 23.47A.012 C ). No portion of a shed roof is permitted to extend beyond the height limit under this provision.

D. Rooftop Features.

1. Smokestacks; chimneys; flagpoles; and religious symbols for religious institutions are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are a minimum of ten (10) feet from any side or rear lot line.

2. Open railings, planters, skylights, clerestories, greenhouses, parapets and firewalls may extend no higher than the ridge of a pitched roof as permitted by Subsection C or up to four (4) feet above the maximum height limit with unlimited rooftop coverage.

3. Solar Collectors.

a. In zones with height limits of thirty (30) or forty (40) feet, solar collectors may extend up to four (4) feet above the maximum height limit, with unlimited rooftop coverage.

b. In zones with height limits of sixty-five (65) feet or more, solar collectors may extend up to seven (7) feet above the maximum height limit, with unlimited rooftop coverage.

4. The following rooftop features may extend up to fifteen (15) feet above the maximum height limit, so long as the combined total coverage of all features listed in this subsection does not exceed twenty (20) percent of the roof area or twenty-five (25) percent of the roof area if the total includes stair or elevator penthouses or screened mechanical equipment:

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment;

d. Play equipment and open-mesh fencing which encloses it, as long as the fencing is at least fifteen (15) feet from the roof edge; and

e. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.012.

5. Within the South Lake Union Urban Center, the combined total coverage of all features listed in Subsection G 4 may be increased to sixty-five (65) percent of the roof area, provided that the following are satisfied:

a. The additional rooftop coverage allowed by this subsection is used to accommodate mechanical equipment that is accessory to a research and development laboratory; and

b. All mechanical equipment is screened; and

c. No rooftop features are located closer than ten (10) feet to the roof edge.

6. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection at least ten (10) feet from the north edge of the roof, or provide shadow diagrams to demonstrate that the proposed location of such rooftop features would shade property to the north on January 21st at noon no more than would a structure built to maximum permitted bulk:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Section 23.57.012;

f. Non-firewall parapets;

g. Play equipment.

7. Structures existing prior to May 10, 1986 may add new or replace existing mechanical equipment up to fifteen (15) feet above the roof elevation of the structure and shall comply with the noise standards of Section 23.47A.018.

8. For height limits and exceptions for communication utilities and accessory communication devices, see Section 23.57.012.

H. Solar Retrofits. The Director may permit the retrofitting of solar collectors on conforming or nonconforming structures existing on June 9, 1986 as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. Such a retrofit may be permitted to exceed established height limits, if the following conditions are met:

1. There is no feasible alternative solution to placing the collector(s) on the roof;

2. The positioning of such collector(s) minimizes view blockage and shading of property to the north, while still providing adequate solar access for the collectors; and

3. Such collector(s) meet minimum energy standards administered by the Director.

I. Height Exceptions for Public Schools.

1. For new public school construction on new public school sites, the maximum permitted height shall be the maximum height permitted in the zone.

2. For new public school construction on existing public school sites, the maximum permitted height shall be the maximum height permitted in the zone or thirty-five (35) feet plus fifteen (15) feet for a pitched roof, whichever is greater.

3. For additions to existing public schools on existing public school sites, the maximum height permitted shall be the maximum height permitted in the zone, the height of the existing school, or thirty-five (35) feet plus fifteen (15) feet for a pitched roof, whichever is greater.

4. Development standard departure for structure height may be granted pursuant to the procedures and criteria set forth in Chapter 23.79. For construction of new structures on new and existing public school sites to the extent not otherwise permitted outright, maximum height that may be granted as a development standard departure in zones with height limits of thirty (30) or forty (40) feet shall be thirty-five (35) feet plus fifteen (15) feet for a pitched roof for elementary schools and sixty (60) feet plus fifteen (15) feet for a pitched roof for secondary schools. All height maximums may be waived by the Director when waiver would contribute to the demolition of fewer residential structures.

5. To qualify for the pitched roof exception, all parts of the roof above the height limit must be pitched at a rate of not less than three to twelve (3:12). No portion of a shed roof shall extend above the height limit under this provision.

23.47A.013 Floor area ratio.

A. Floor Area Ratios. Structures sixty-five (65) feet in height or less shall not be subject to floor area ratio provisions. Mixed use structures shall meet the standards for mixed use development, as described in Section 23.47A.009.

1. Floor area ratios (FARs) shall apply to structures in zones with eighty-five (85) foot, one hundred twenty-five (125) foot and one hundred sixty (160) foot maximum height limits according to , except as provided in subsection 23.48.016 for the South Lake Union Urban Center, and by subsections A2, and B of this section.

CHART C

PERMITTED FLOOR AREA RATIO (FAR)

Structures Higher Height Limit Zones than 65 Feet

85' 125' 160'

Mixed use 6 6 7 structure total

Any single use 4.5 5 5

2. The following FAR provisions apply to lots zoned NC3 with a one hundred and sixty (160) foot height limit and located within the First Hill Urban Village:

a. Residential floor area is exempt from FAR limits; and

b. The maximum FAR for nonresidential uses within mixed use structures is seven (7); and

c. The maximum FAR for nonresidential structures is five (5); except that the FAR may be increased to seven (7) when at least 80% of a structure's street front at street level is occupied by retail sales and service uses and meets the development standards for nonresidential uses as provided in subsections 23.47A.008B, and 23.47A.012.

3. Exemptions from FAR Calculations. The following areas shall be exempted from FAR calculations:

a. All gross floor area below grade;

b. All gross floor area used for accessory parking; and

c. All gross floor area of a monorail station, including all floor area open to the general public during normal hours of station operation (but excluding retail or service establishments to which public access is limited to customers or clients, even where such establishments are primarily intended to serve monorail riders).

4. Within the Station Area Overlay District within the University

District Northwest Urban Center Village, for office structures permitted prior to 1971, the area of the lot for purposes of calculating permitted FAR is the tax parcel created prior to the

adoption of this ordinance on which the existing structure is located provided the office structure is to be part of a functionally related development occupied by a single entity with over five hundred thousand (500,000) square feet of area in office use. The floor area

of above grade pedestrian access is exempt from the FAR calculations of this subsection.

E. Split Zoned Lots. When a lot is subject to more than one (1) height and FAR limit, the height and FAR limits for each zone shall apply to the portion of the lot located in that zone.

23.47A.014 Setback requirements.

A. For the purposes of this section, "portions of structures" shall include those features listed in Section 23.47A.012 D, Rooftop Features.

B. Rear and side setback requirements for lots adjacent to residential zones.

1. A setback is required on lots that abut the intersection of a side and front lot line of a residentially zoned lot. The required setback forms a triangular area. Two (2) sides of the triangle must extend fifteen (15) feet from the intersection of the street property line and the property line abutting the residentially zoned lot. The third side connects these two (2) sides with a diagonal line across the lot (Exhibit 23.47A.014 A).

2. A setback is required along any rear or side lot line that abuts a lot line of a residentially zoned lot as follows:

a. Ten (10) feet for portions of structures above thirteen (13) feet in height to a maximum of sixty-five (65) feet; and

b. For portions of structures above sixty-five (65) feet in height, an additional one (1) foot of setback shall be required for every ten (10) feet in excess of sixty-five (65) feet (Exhibit 23.47A.014 B).

3. Structures with more than one residential unit. A setback is required along any rear lot line that abuts a lot line of a residentially zoned lot or that is across an alley from a residentially zoned lot, as follows:

a. Fifteen (15) feet for portions of structures above thirteen (13) feet in height to a maximum of forty (40) feet; and

b. For portions of structures above forty (40) feet in height, an additional two (2) feet of setback shall be required for every ten (10) feet in excess of forty (40) feet (Exhibit 23.47A.014 C).

4. One-half (1/2) alley width may be counted as part of the required setback. For the purpose of this section, the alley width shall be determined prior to any dedication that may be required for alley improvement purposes.

5. No entrance, window, or other opening shall be permitted closer than five (5) feet to a residentially zoned lot.

C. Where street trees are required and the Director determines that it is not feasible to plant them in accordance with City standards, a five (5) foot minimum setback is required from the street property line. The setback must be landscaped according to Section 23.47A.016, Screening and landscaping standards.

D. A five (5) foot minimum setback is required along all street lot lines of a mobile home park. The setback must be landscaped according to the provisions of Section 23.47A.016 D3.

E. Structures in Required Setbacks.

1. Decks and balconies, with open railings, may extend into the required setback, but are not permitted within five (5) feet of a residentially zoned lot, except as provided in subsection E6.

2. Eaves, cornices and gutters projecting no more than eighteen (18) inches from the structure facade are permitted in required setbacks.

3. Ramps or other devices necessary for access for the disabled and elderly, which meet Seattle Building Code, Chapter 11, are permitted in required setbacks.

4. Uncovered, unenclosed pedestrian bridges, necessary for access and less than five (5) feet in width, are permitted in required setbacks.

5. Fences, freestanding walls and other similar structures.

a. Fences, freestanding walls and other similar structures six (6) feet or less in height above existing or finished grade, whichever is lower, are permitted in required setbacks. The six (6) foot height may be averaged along sloping grade for each six (6) foot long segment of the fence, but in no case may any portion of the fence exceed eight (8) feet.

b. Bulkheads and retaining walls used to raise grade may be placed in any required setback when limited to six (6) feet in height, measured above existing grade. A guardrail no higher than forty-two (42) inches may be placed on top of a bulkhead or retaining wall existing as of the date of the ordinance codified in this section. If a fence is placed on top of a new bulkhead or retaining wall, the maximum combined height is limited to nine and one-half (9 1/2) feet.

c. Bulkheads and retaining walls used to protect a cut into existing grade may not exceed the minimum height necessary to support the cut or six (6) feet, whichever is greater. When the bulkhead is measured from the low side and it exceeds six (6) feet, an open guardrail of no more than forty-two (42) inches meeting Building Code requirements may be placed on top of the bulkhead or retaining wall. A fence must be set back a minimum of three (3) feet from such a bulkhead or retaining wall.

6. Decks that are accessory to residential uses and are no more than eighteen (18) inches above existing or finished grade, whichever is lower, may project into required setbacks.

7. Underground structures are permitted in all setbacks.

8. Detached solar collectors are permitted in required setbacks. Such collectors may be no closer than five (5) feet to any other principal or accessory structure, and no closer than three (3) feet to any lot line that abuts a residentially zoned lot.

9. Dumpster and other trash receptacles, except for trash compactors, located outside of structures are not permitted within ten (10) feet of any lot line that abuts a residentially zoned lot and must be screened per the provisions of section 23.47A.016.

F. Setback requirement for loading adjacent to an alley. Where access to a loading berth is from the alley, and truck loading is parallel to the alley, a setback of twelve (12) feet is required for the loading berth, measured from the centerline of the alley (Exhibit 23.47A.014 D). This setback must be maintained up to a height of sixteen (16) feet.

G. A setback may be required in order to meet the provisions of Section 23.53.015, Improvement requirements for existing streets in residential and commercial zones, and Section 23.53.030, Alley improvements in all zones.

23.47A.015 View corridors.

A. On lots which are partially within the Shoreline District, a view corridor shall be required for the entire lot if the portion of the lot in the Shoreline District is required to provide a view corridor under the Seattle Shoreline Master Program.

B. Measurement and modification of the view corridor requirement shall be according to the Shoreline District measurement regulations.

23.47A.016 Landscaping and screening standards.

A. Landscaping.

1. Landscaping is required in an amount equal to five (5) percent of lot area for new construction on any vacant lot. Landscaping, screening, and other features otherwise required by this chapter can be counted toward this requirement. The landscaping must be in a location that is visible to pedestrians or customers and that has adequate sunlight and space necessary to ensure plant survival.

2. Landscaping must meet standards promulgated by the Director.

3. The Director may reduce or waive the amount of landscaping required based on one or more of the following:

a. No usable space for landscaping is present between the proposed new structure and existing structures on adjoining lots because of inadequate sunlight or inadequate width;

b. No setback is provided in front of the new structure;

c. Landscaping in the rear would not be visible to pedestrians or customers;

d. Planter boxes in the right-of-way are not feasible due to narrow sidewalks or other potential for pedestrian conflict.

B. Street Trees.

1. Street trees are required according to the rules promulgated by the Director of Transportation. Existing street trees can be counted toward this requirement.

2. Exceptions to Street Tree Requirements.

a. If a lot borders a platted but unopened street, the Director may reduce or waive the street tree requirement along that platted street if after consultation with the Director of Transportation it is determined that the street is unlikely to be developed.

b. Street tree requirements do not apply to single-family dwelling units in commercial zones.

c. Street trees are not required when a change of use is the only permit requested.

d. Street trees are not required for temporary use permits.

e. Street trees are not required when expanding an

existing structure unless an expansion equal to or greater than one thousand (1,000) square feet is proposed. Two (2) street trees are required for each additional one thousand (1,000) square feet of expansion up to the maximum number required according to the rules promulgated by the Director of Transportation.

f. Street trees are not required when an existing surface parking area is expanded by less than ten (10) percent in area or in number of spaces.

g. If street trees would obscure the visibility of retail uses or obstruct pedestrian access to retail uses, and there is no other location on the lot for the landscaping, the Director may reduce or waive the street tree requirement after consultation with the City Arborist.

3. If it is not feasible to plant street trees according to City standards, either a five (5) foot deep landscaped setback is required along the street property line or landscaping other than trees may be located in the planting strip according to the rules promulgated by the Director of Transportation. The street trees shall be planted in the landscaped area at least two (2) feet from the street lot line if they cannot be placed in the planting strip. The Director may reduce or waive this setback and tree requirement in front of entrances to retail sales and service uses or where the setback and tree requirement is physically infeasible to meet.

C. Screening.

1. Required screening must be provided along street property lines as follows:

a. A fence or wall according to the height specified in subsection D; or

b. A hedge or landscaped berm according to the height specified in subsection D.

2. Required landscaped areas and berms must meet rules promulgated by the Director. Features such as pedestrian access meeting the Seattle Building Code, Chapter 11 -Accessibility, decorative pavers, sculptures or fountains may cover a maximum of thirty (30) percent of each required landscaped area or berm.

D. Requirements for Specific Uses. When there is more than one use that requires screening or landscaping, the requirement that results in the greater amount applies.

1. Surface Parking.

a. Landscaping is required as follows:

Number of Parking Spaces Required Landscaped Area

20 to 50 18 square feet/ parking space

51 to 99 25 square feet/ parking space

100 or more 35 square feet/ parking space

(1) The landscaped area shall be no smaller than one hundred (100) square feet.

(2) No part of a landscaped area shall be less than four (4) feet in any dimension except those parts created by turning radii or angles of parking spaces.

(3) No stall shall be more than sixty (60) feet from a required landscaped area.

(4) Native or non-invasive groundcover shall be planted in accordance with rules promulgated by the Director.

b. Trees.

(1) One (1) tree shall be required for every ten (10) parking spaces.

(2) Each tree shall be three (3) feet away from any curb of a landscaped area or edge of the parking area. Permanent curbs or structural barriers must enclose each landscaped area.

(3) Trees in parking areas shall be selected in consultation with the City Arborist.

c. Screening.

(1) All surface parking lots shall have screening at least three (3) feet high along the street property lines.

(2) Surface parking abutting or across an alley from a lot in a residential zone must have at least six (6) foot high screening along the abutting lot line(s) and a minimum five (5) foot deep landscaped area inside the screening (see Exhibit 23.47A.016 A).

d. The Director may reduce or waive these requirements for the following reasons:

(1) to improve safety;

(2) to provide adequate maneuvering room for service vehicles;

(3) to prevent the number of parking spaces from being reduced to fewer than the required number; or

(4) when required parking only can be provided at the rear lot line and the alley is necessary to provide aisle space.

e. In making the determination to waive or reduce the landscaping and screening requirements, the Director shall consider whether:

(1) The lot width and depth permit a workable plan for the building and parking that would preserve the screening and landscaping;

(2) The character of use across the alley, such as multifamily parking structures, makes the screening and landscaping less necessary;

(3) The property is located in a pedestriandesignated zone and therefore access to parking from the street is not feasible or is undesirable; and

(4) A topographic break between the alley and the residential zone makes screening less necessary.

2. Parking in Structures.

a. When parking occupies any portion of a streetlevel facade of a structure between a height of five (5) feet and eight (8) feet above sidewalk grade, there shall be a landscaped area at least five (5) feet deep along street lot lines in front of the portion of the structure containing the parking. In addition, the parking must be screened by:

(1) The facade of the structure; or

(2) At least six (6) foot high screening between the structure and the landscaped area (Exhibit 23.47A.016 B).

b. A minimum five (5) foot deep landscaped area is required along all property lines abutting residentially zoned lots for any portion of a structure that contains parking that is not screened from the residential zone by the exterior wall of the

structure. At ground level, the setback must be landscaped according to subsection 23.47A.016 C3 and at least six (6) foot high screening along the abutting property line(s) must be provided.

c. When access is through a street-facing facade, the facade can contain no more than one (1) garage door, not to exceed the maximum width allowed for the curbcut.

d. An opaque screen at least three and one-half (3 1/2) feet high is required along the perimeter of each floor of parking that is eight (8) feet or more above sidewalk grade.

3. Other uses. Screening is required as follows:

Use/situation Minimum Requirement

Blank street-level, A five (5) foot deep landscaped street-facing facades area along the length of the blank facade, planted with trees and shrubs

Drive-in businesses, Six (6) foot high screening along including gas stations, the abutting or alley lot lines; abutting or across an alley and from a residentially zoned A five (5) foot deep landscaped lot area inside the screening is required when the drive-in portion of the business or its queuing lanes abut a lot in a residential zone.

Drive-in businesses other Three (3) foot high screening for than gas stations in which the drive-in portion. the drive-in portion of the business or its queuing lanes is across the street from a residentially zoned lot

Gas stations in NC1, NC2 and Three (3) foot high screening along NC3 zones or across the street lot lines street from a residentially zoned lot in C1 and C2 zones

Garbage cans or dumpsters in Three (3) foot high screening along NC1, NC2, or NC3 zones, or areas where garbage cans are associated with structures located; six (6) foot high with a residential use in C1 screening for garbage dumpsters. or C2 zones.

Outdoor Sales and Outdoor Six (6) foot high screening along Display of Rental Equipment the abutting or alley lot lines. abutting or across an alley from a residentially zoned lot

Outdoor sales area or outdoor Three (3) foot high screening along display of rental equipment the street lot line. across the street from a residentially zoned lot

Outdoor storage in a C1 zone; Screened from all property lines by or the facade of the structure or by Outdoor dry boat storage in six (6) foot high screening between the NC2, NC3 or C1 zones and the storage area and all property the Shoreline District lines. A five (5) foot deep landscaped area is required between all street lot lines and the six (6) foot high screening (Exhibit 23.47A.016 C).

Outdoor storage in a C2 zone Screened from the street by the and across the street from a facade of a structure, or by six residentially zoned lot; or (6) foot high screening along the Outdoor dry boat storage in a street lot lines. C2 zone and the Shoreline District and across the street from a residentially zoned lot

Outdoor storage in a C2 zone Fifty (50) foot setback from the and abutting a residentially lot lines of the abutting zoned lot; or residentially zoned lot and Outdoor dry boat storage in a screened by the facade of the C2 zone and the Shoreline structure or a six foot high District and abutting a screening between the outdoor residentially zone lot storage and all abutting property lines (Exhibit 23.47A.016 D).

Mobile home parks Six (6) foot high screening along all nonstreet lot lines. A five (5) foot deep landscaped area is required along all street lot lines of a mobile home park. A five (5) foot planting strip with street trees may be provided instead of the five (5) foot deep landscaped area.

Utility meters in NC1, NC2, Six (6) foot high screening along and NC3 zones or associated areas where utility meters are with structures with a present. residential use in C1 or C2 zones.

4. Lots Within the Shoreline District. On lots within the Shoreline District where view corridors are required, the Director may reduce the height of screening and may modify the location and type of required landscaping so that view corridors are not obstructed.

5. When one of the specific uses listed in this section is proposed for expansion, the applicable requirements must be met. The Director may reduce or waive the requirements where they are physically infeasible due to the location of existing structures or required parking.

E. Access Through Required Screening and Landscaping. Breaks in required screening are permitted to provide pedestrian and vehicular access. Breaks in required screening for vehicular access shall not exceed the width of permitted curbcuts.

23.47A.017 Density limits for Residential Uses.

A. Density limits shall not apply to structures in which residential uses along street-level, street-facing facades do not exceed 20% of the width of a facade, except as established in the Northgate Overlay District as provided in Chapter 23.71, and in the

Pike/Pine Overlay District, Chapter 23.73, and except for Seattle Housing Authority development permitted pursuant to Section 23.47A.004 Dlh.

B. Density limits shall apply for structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade subject to the following, except as provided in subsection D of this section:

1. In the Northgate Overlay District, as provided in Chapter 23.71.

2. In NC1 zones the density limit shall be one (1) unit per one thousand six hundred (1,600) square feet of lot area.

3. In NC2, NC3, C1 and C2 zones with either thirty (30) foot or

forty (40) foot height limits, the density limit shall be one (1) unit per one thousand two hundred (1,200) square feet of lot area.

4. In NC2, NC3, C1 and C2 zones with sixty-five (65) foot height limits, the density limit shall be one (1) unit per eight hundred (800) square feet of lot area.

5. There shall be no residential density limit for structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade single-purpose residential structures in the NC2/R or NC3/R zone.

C. Density limits shall not apply to structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade within the Station Area Overlay District pursuant to Chapter 23.61, or along selected streets in the Pike/Pine Overlay District, pursuant to Chapter 23.73 and for Seattle Housing Authority structures permitted pursuant to Section 23.47A.004 D1h.

Where the Station Area Overlay District and the Pike/Pine Overlay District overlap, the provisions of the Pike/Pine Overlay District shall prevail.

D. The following density limits for structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade shall apply in commercial areas where there has been a review and approval by the City Council subsequent to January 1, 1995 to determine whether structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade structures shall continue to be conditional uses, permitted outright or prohibited, and if the area is to be included within an urban village or urban center, an urban village boundary has been established:

1. Inside urban village commercial areas as shown on the Official Land Use Map.

a. In NC zones with thirty (30) foot height limits, the density limit shall be one (1) unit per seven hundred (700) square feet of lot area.

b. In NC zones with forty (40) foot height limits, the density limit shall be one (1) unit per five hundred (500) square feet of lot area.

c. In NC zones with sixty-five (65) foot height limits, the density limit shall be one (1) unit per four hundred (400) square feet of lot area.

d. In C1 and C2 zones with thirty (30) foot, forty (40) foot or sixty-five (65) foot height limits, the density limit shall be one (1) unit per one thousand (1,000) square feet of lot area except that

density limits in a C1 or C2 zone may be increased to the density limit for structures in which residential use along street-level, street-facing facades does not exceed 20% of the width of a facade in the NC zone with the corresponding height designation if the structure is developed according to the standards for NC zones as listed below:

(1) Outdoor storage areas, per Section 23.47A.011 E;

(2) Screening for gas stations, per Section 23.47A.016 D3;

(3) Blank facades, per Section 23.47A.016 D3, and 23.47A.008A;

(4) Drive-in lanes, per Section 23.47A.028; and

(5) Location of parking, per Section 23.47A.032 B.

f. There shall be no residential density limit for structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade in the NC2/R or NC3/R zone.

2. Outside urban village commercial areas as shown on the Official Land Use Map.

a. In NC zones with thirty (30) foot height limits, the density limit shall be one (1) unit per eight hundred (800) square feet of lot area.

b. In NC zones with forty (40) foot and sixty-five (65) foot height limits, the density limit shall be one (1) unit per six hundred (600) square feet of lot area.

c. In C1 and C2 zones with thirty (30) foot, forty (40) foot or sixty-five (65) foot height limits, the density limit shall be one (1) unit per one thousand (1,000) square feet of lot area.

23.47A.018 Noise standards.

A. In an NC1, NC2 or NC3 zone all manufacturing, fabricating, repairing, refuse compacting and recycling activities shall be conducted wholly within an enclosed structure. In a C1 or C2 zone, location within an enclosed structure is required only when the lot is located within fifty (50) feet of a residential zone, except when required as a condition for permitting a major noise generator according to subsection B.

B. Major Noise Generators.

1. The following uses are considered major noise generators:

a. Light and general manufacturing;

b. Major vessel repair;

c. Aircraft repair shops;

d. Major vehicle repair;

e. Cargo terminals;

f. Recycling;

g. Other similar uses.

2. Exterior heat exchangers, and other similar devices (e.g., ventilation, air-conditioning, refrigeration) are considered major noise generators.

3. When a major noise generator is proposed, or when an existing major noise generator is proposed to be expanded, a report from an acoustical consultant shall be required to describe the

measures to be taken by the applicant in order to meet noise standards for the area. Such measures may include, for example, the provision of buffers, reduction in hours of operation, relocation of mechanical equipment, increased setbacks and use of specified construction techniques or building materials. Measures to be used shall be specified on the plans. After a permit has been issued, any measures that were required by the permit to limit noise shall be maintained.

23.47A.020 Odor standards.

A. The venting of odors, vapors, smoke, cinders, dust, gas and fumes shall be at least ten (10) feet above finished sidewalk grade, and directed away to the extent possible from residential uses within fifty (50) feet of the vent.

B. Major Odor Sources.

1. Uses that employ the following odor-emitting processes or activities are considered major odor sources:

a. Lithographic, rotogravure or flexographic printing;

b. Film burning;

c. Fiberglassing;

d. Selling of gasoline and/or storage of gasoline in tanks larger than two hundred sixty (260) gallons;

e. Handling of heated tars and asphalts;

f. Incinerating (commercial);

g. Tire buffing;

h. Metal plating;

i. Vapor degreasing;

j. Wire reclamation;

k. Use of boilers (greater than 106 British Thermal Units per hour, ten thousand (10,000) pounds steam per hour, or thirty (30) boiler horsepower);

l. Animal food processing;

m. Other similar processes or activities.

2. Uses that employ the following processes are

considered major odor sources, except when the entire activity is conducted as part of a commercial use other than food processing:

a. Cooking of grains;

b. Smoking of food or food products;

c. Fish or fishmeal processing;

d. Coffee or nut roasting;

e. Deep fat frying;

f. Dry cleaning;

g. Other similar processes or activities.

C. When an application is made for a use which is a major odor source, the Director, in consultation with the Puget Sound Clean Air Agency (PSCAA), will determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants. The measures to be taken must be indicated on plans submitted to the Director and may be required as conditions for the issuance of any permit. After a permit has been issued, any measures that were required by the permit must be maintained.

23.47A.022 Light and glare standards.

A. Exterior lighting shall be shielded and directed away from adjacent uses.

B. Interior lighting in parking garages shall be shielded, to minimize nighttime glare affecting nearby uses.

C. To prevent vehicle lights from affecting adjacent properties, driveways and parking areas for more than two (2) vehicles shall be screened from adjacent properties by a fence or wall between five (5) feet and six (6) feet in height, or solid evergreen hedge or landscaped berm at least five (5) feet in height. If the elevation of the lot line is different from the finished elevation of the driveways or parking surface, the difference in elevation may 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. The Director may waive the requirement for the screening if it is not needed due to changes in topography, agreements to maintain an existing fence, or the nature and location of adjacent uses.

D. Height.

1. Exterior lighting on poles shall be permitted up to a maximum height of thirty (30) feet from finished grade. In zones with a forty (40) foot or greater height limit, exterior lighting on poles shall be permitted up to a height of forty (40) feet from finished grade, provided that the ratio of watts to area is at least twenty (20) percent below the maximum exterior lighting level permitted by the Energy Code.

2. Athletic Fields.

a. Light poles for illumination of athletic fields on new and existing public school sites will be allowed to exceed the maximum permitted height set forth in Subsection D1, above, up to a maximum height of one hundred (100) feet, where determined by the Director to be necessary to ensure adequate illumination and where the Director determines that impacts from light and glare are minimized to the greatest extent practicable. The applicant must submit an engineer's report demonstrating that impacts from light and glare are minimized to the greatest extent practicable. When proposed light poles are reviewed as part of a project being reviewed pursuant to Chapter 25.05, Environmental Policies and Procedures, and requiring a SEPA determination, the applicant must demonstrate that the additional height contributes to a reduction in impacts from light and glare.

b. When proposed light poles are not included in a proposal being reviewed pursuant to Chapter 25.05, the Director may permit the additional height as a special exception subject to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

(1) When seeking a special exception for taller light standards, the applicant must submit an engineer's report demonstrating that the additional height contributes to a reduction in impacts from light and glare. When the proposal will result in extending the lighted area's duration of use, the applicant must address and mitigate potential impacts, including but not limited to, increased duration of noise, traffic, and parking demand.

The applicant also must demonstrate it has conducted a public workshop for residents within (1/8) one-eighth of a mile of the affected school in order to solicit comments and suggestions on design as well as potential impacts.

(2) The Director may condition a special exception to address negative impacts from light and glare on surrounding areas, and conditions may also be imposed to address other impacts associated with increased field use due to the addition of lights, including, but not limited to, increased noise, traffic, and parking demand.

E. Glare diagrams which clearly identify potential adverse glare impacts on residential zones and on arterials shall be required when:

1. Any structure is proposed to have facades of reflective coated glass or other highly reflective material, and/or new structures or expansion of existing structures greater than sixty-five (65) feet in height which are proposed to have more than thirty (30) percent of the facades comprised of clear or tinted glass; and

2. The facade(s) surfaced or comprised of such materials either:

a. Are oriented toward and are less than two hundred (200) feet from any residential zone, and/or

b. Are oriented toward and are less than four hundred (400) feet from a major arterial with more than fifteen thousand (15,000) vehicle trips per day, according to Seattle Department of Transportation data.

3. When glare diagrams are required, the Director may require modification of the plans to mitigate adverse impacts, using

methods including but not limited to the following:

a. Minimizing the percentage of exterior facade that is composed of glass;

b. Using exterior glass of low reflectance;

c. Tilting glass areas to prevent glare which could affect arterials, pedestrians or surrounding structures;

d. Alternating glass and nonglass materials on the exterior facade; and

e. Changing the orientation of the structure.

23.47A.024 Open space standards.

Usable open space is intended for use by the residents of the development or structure, and shall be required for all residential uses in mixed use development, structures in which residential use along street-level, street-facing facades exceeds 20% of the width of

a facade, and structures with one (1) or more live-work units not located at street level according to the following:

A. Open Space Quantity. Usable open space shall be required for all residential uses in an amount equal to twenty (20) percent of the structure's gross floor area in residential use. Calculation of a structure's gross floor area, for the purposes of this subsection, shall exclude area used for mechanical equipment, accessory parking and unenclosed decks, balconies or porches.

B. Open Space Development Standards.

1. When permitted, required usable open space may be provided at ground level or may be provided above the ground in the form of balconies, decks, solaria, greenhouses, or roof gardens or decks.

2. Balconies and decks provided above the ground as open space shall have a minimum area of sixty (60) square feet and no horizontal dimension shall be less than six (6) feet.

3. Usable open space at ground level, and roof gardens, solaria, and greenhouses provided above ground as open space shall have a minimum area of two hundred fifty (250) square feet. No horizontal dimension shall be less than ten (10) feet.

4. Required usable open space is permitted at the front, sides, or rear of the structure.

5. Parking areas, driveways, and pedestrian access to the nonresidential, live-work or residential entrances, except for pedestrian access meeting the Washington State Building Code, Chapter 11-Accessibility, shall not be counted as open space.

6. Required open space shall be landscaped according to standards promulgated by the Director.

7. When a transmitting antenna is sited or proposed to be sited on a rooftop where required open space is located, see Section 23.57.012.

23.47A.027 Landmark Districts and designated landmark structures.

A. The Director may waive or modify standards for open space, setbacks, width and depth limits and screening and landscaping for designated landmark structures or within a Landmark District pursuant to Seattle Municipal Code, Chapter 25.12 or within a Special Review District pursuant to Seattle Municipal Code, Chapter 23.66.

B. The Director's decision to waive or modify development

standards shall be consistent with adopted District design and development guidelines and shall be consistent with the recommendations of the Landmarks Preservation Board or the Director of Neighborhoods except when potential environmental impacts clearly require lesser waivers or modifications.

23.47A.028 Standards for drive-in businesses.

A. Number of Drive-in Lanes Permitted.

1. Drive-in lanes for certain uses shall be permitted in different zones as follows:

NC1 NC2 NC3 Pedestrian C1 and C2 and NC/R Designations

Gas Stations 4 lanes 4 lanes 4 lanes Prohibited No restriction

Restaurants Prohibited Prohibited 4 lanes Prohibited No with drive-in subject to restriction lanes conditions in subsection 2.

Other Prohibited 2 lanes 4 lanes Prohibited No Drive-in restriction Businesses

2. Restaurants with drive-in lanes are permitted in NC3 zones provided the following conditions are met:

a. The design of the structure, including architectural treatment, signage, landscaping and lighting, is compatible with other structures in the vicinity;

b. Appropriate litter-control measures are provided; and

c. The applicant, if required by the Director, prepares an analysis of traffic, circulation and parking impacts, and demonstrates that the drive-in lanes will not:

(1) Cause significant additional traffic to circulate through adjacent residential neighborhoods,

(2) Disrupt the pedestrian character of an area by significantly increasing the potential for pedestrian-vehicle conflicts,

(3) Create traffic or access problems that will require the expenditure of City funds to mitigate,

(4) Interfere with peak-hour transit operations, by causing auto traffic to cross a designated highoccupancy vehicle lane adjacent to the lot,

(5) Cause cars waiting to use the facility to queue across the sidewalk or onto the street, or

(6) Interrupt established retail or service frontage designed to serve pedestrians.

B. Drive-in businesses must provide queuing spaces according to the following:

1. Banks with drive-in facilities: a minimum of five (5) queuing spaces per lane when the number of lanes does not exceed two (2). When the number of drive-in lanes exceeds two (2) a minimum of three (3) queuing spaces per lane is required.

2. Car washes: a minimum of ten (10) queuing spaces.

C. If the drive-in bank or car wash is located along either a principal arterial, a minor arterial, or along a street with only one lane for moving traffic in each direction, the Director will determine, after consulting with Seattle Department of Transportation, whether additional queuing spaces are necessary or whether access should be restricted. The Director may restrict access

to the facility from that arterial or street, or may require additional queuing space up to a maximum of:

1. Banks with one (1) or two (2) drive-in lanes, eight (8) spaces per lane;

2. Banks with three (3) or more drive-in lanes, six (6) spaces per lane;

3. Car washes, twenty (20) spaces per lane.

D. The Director shall determine the minimum number of queuing spaces needed for drive-in business uses not specifically identified in subsection B and C above.

E. Screening and landscaping of drive-in businesses is required in accordance with subsection 23.47A.016D3.

23.47A.029 Solid waste and recyclable materials storage space.

A. Storage space for solid waste and recyclable materials containers shall be provided for all new structures permitted in commercial zones and expanded multifamily structures as indicated in the table below. For the purposes of this subsection, "expanded multifamily structure" means expansion of multifamily structures with ten (10) or more existing units by two (2) or more units.

Table for Sec. 23.47A.029

Structure Type Structure Size Minimum Area for Container Type Storage Space

Multifamily* 7--15 units 75 square feet Rear-loading

16--25 units 75 square feet Rear-loading

26--50 units 75 square feet Front-loading

51--100 units 75 square feet Front-loading

More than 100 75 square feet plus 2 Front-loading units square feet for each additional unit

Commercial* 0--5,000 82 square feet Rear-loading square feet

5,001--15,000 125 square feet Rear-loading square feet

15,001--50,000 175 square feet Front-loading square feet

50,001--100,000 225 square feet Front-loading square feet

100,001--200,00 275 square feet Front-loading 0 square feet

200,001 plus 500 square feet Front-loading square feet

* Mixed Use Buildings. Mixed use buildings with eighty (80) percent

or more of floor space designated for residential use will be considered residential buildings. All other mixed use buildings will be considered commercial buildings.

B. The design of the storage space shall meet the following requirements:

1. The storage space shall have no dimension (width and depth) less than six (6) feet;

2. The floor of the storage space shall be level and hard-surfaced (garbage or recycling compactors require a concrete surface); and

3. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.

C. The location of the storage space shall meet the following requirements:

1. The storage space shall be located within private property boundaries of the structure it serves and, if located outdoors, it shall not be located between a street facing facade of the structure and the street;

2. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure;

3. The storage space shall not block or impede any fire exits, public rights-of-ways or any pedestrian or vehicular access; and

4. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments.

D. Access to the storage space for occupants and service providers shall meet the following requirements:

1. For rear-loading containers (usually two (2) cubic yards or smaller):

a. Any proposed ramps to the storage space shall be of six (6) percent slope or less, and

b. Any proposed gates or access routes must be a minimum of six (6) feet wide; and

2. For front-loading containers (usually larger than two (2) cubic yards):

a. Direct access shall be provided from the alley or street to the containers,

b. Any proposed gates or access routes shall be a minimum of ten (10) feet wide, and

c. When accessed directly by a collection vehicle into a structure, a twenty-one (21) foot overhead clearance shall be provided.

E. The solid waste and recyclable materials storage space specifications required in subsections A, B, C, and D above, in addition to the number and sizes of containers, shall be included on the plans submitted with the permit application.

F. The Director, in consultation with the Director of Seattle Public Utilities, shall have the discretion to modify the requirements of subsections A, B, C, and D of this section above

under the following circumstances:

1. When the applicant can demonstrate difficulty in meeting any of the requirements of subsections A, B, C, and D of this section; or

2. When the applicant proposes to expand a multifamily or mixed use building, and the requirements of subsections A, B, C, and D of this section conflict with opportunities to increase residential densities and/or retain ground-level retail uses; and

3. When the applicant proposes alternative, workable measures that meet the intent of this section.

23.47A.030 Required parking.

A. Each use shall provide at least the minimum number of offstreet parking spaces according to the requirements of Section 23.54.015, Required parking.

B. In pedestrian-designated zones, parking shall be provided according to the requirements of Section 23.54.015. E, Parking waivers in pedestrian-designated zones.

C. Loading Berth Requirements. Loading berths shall be required for certain commercial uses according to the requirements of Section 23.54.035.

23.47A.032 Parking location and access.

A. Access to parking

1. NC zones.

a. Access to parking must be from the alley when the lot abuts an alley improved to the standards of Section 23.53.030.C.

b. When the lot does not abut such an alley, and the lot fronts on more than one street, access to parking shall be from the street with the fewest lineal feet of commercially zoned frontage.

c. If the lot does not abut an improved alley, access is permitted from the street, and limited to one two-(2) way curbcut.

d. For each permitted curb cut, street-facing facades may contain one (1) garage door, not to exceed the maximum width allowed for curb cuts.

2. Pedestrian-Designated Zones.

a. Access to parking shall be from an alley if the lot abuts an alley improved to the standards of Section 23.53.030.C.

b. If the lot does not abut an improved alley, and only abuts a principal pedestrian street or streets, access is permitted from the principal pedestrian street, and limited to one two-(2) way curbcut.

c. If the lot does not abut an improved alley but abuts two or more streets, access to parking shall be from a street that is not a principal pedestrian designated street.

3. C1 and C2 zones. Access to off-street parking may be from a street, alley or both when the lot abuts a platted alley.

B. Location of parking

1. NC zones.

a. Parking may not be located between a structure and a street lot line (see Exhibit 23.47A.032 A).

b. Parking other than permitted access to parking meeting the requirements of subsection A1, above, may not be located inside a structure adjacent to a street-level, street-facing facade (see Section 23.47A.005.C).

c. Parking to the side of a structure shall not exceed sixty (60) feet of lineal street frontage (Exhibit 23.47A.032 B).

d. Parking may be located within eight hundred (800) feet of the lot with the use to which it is accessory, according to the provisions of Section 23.54.025, Parking covenants.

2. Pedestrian Designated Zones.

a. Parking may not be located between a structure and a street lot line.

b. Parking other than permitted access to parking meeting the standards of Subsection A2, above, may not be located inside a structure at street-level along a principal pedestrian street (see Chart A of section 23.47A.004).

c. Parking may be located at the rear of a structure, or may be built into or under a structure, or be located within eight hundred (800) feet of the lot with the use to which it is accessory, according to the provisions of Section 23.54.025, Parking covenants.

3. C1 and C2 zones. Structures with residential uses in C zones and structures in C zones across the street from residential zones must meet the requirements for parking location and access for NC zones as provided in subsections A and B.

C. Exceptions to parking location and access.

1. Access to off-street parking may be from a street when, due to the relationship of an alley to the street system, use of the alley for parking access would create a significant safety hazard as determined by the Director.

2. When a lot fronts on two or more streets on which the lineal feet of commercially zoned frontage are equal, the Director will determine the front lot line for the purposes of location of parking and may allow parking between a building and the street. In making a determination, the Director will consider the following

criteria:

a. The extent to which parking along a street would disrupt an established commercial street's pedestrian-oriented character or commercial continuity;

b. The potential for pedestrian and automobile conflicts;

c. The relative traffic capacity of a street as an indicator of a street's role as a principal commercial street.

3. On waterfront lots in the Shoreline District, parking may be located between the structure and the front lot line, if necessary to prevent blockage of view corridors or to keep parking away from the edge of the water as required by the Shoreline Master Program.

H. Direct access to a loading berth from a street is permitted only when no alley improved to the standards of Section 23.53.030.C is available for access.

I. Parking shall be screened according to the provisions of Section 23.47A.016.

J. Surface parking lots.

1. Parking lots separating the building from the street. Where a pedestrian entrance to general sales and service uses and major durables retail sales and service uses greater than 30,000 square feet is oriented to a parking area separating a building from a street, at least one five (5) foot wide pedestrian walkway from the street to the pedestrian entrance must be provided.

2. Other surface parking lots. Where a pedestrian entrance to general sales and service uses and major durables retail sales and service uses greater than 30,000 square feet is oriented to a parking lot, a five (5) foot wide, pedestrian walkway through the parking lot to the pedestrian entrance must be provided for each 50 spaces of parking provided.

23.47A.033 Transportation concurrency level-of-service standards.

Proposed uses in commercial zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

23.47A.035 Assisted living facilities use and development standards.

A. Assisted living facilities are subject to the development standards of the zone in which they are located except that the Open Space area requirements of Section 23.47A.024 do not apply.

B. Other Requirements.

1. Minimum Unit Size. Assisted living units must be designed to meet the minimum square footage required by WAC 388-110140.

2. Facility Kitchen. A kitchen that serves the entire assisted living facility must be provided on-site.

3. Communal Area. Communal areas (e.g., solariums, decks and porches, recreation rooms, dining rooms, living rooms, foyers and lobbies that are provided with comfortable seating, and gardens or other outdoor landscaped areas that are accessible to wheelchairs and walkers) with sufficient accommodations for socialization and meeting with friends and family must be provided.

a. The total amount of communal area must, at a minimum, equal ten (10) percent of the total floor area in assisted living units. In calculating the total floor area in assisted living units, all of the area of each of the individual units is counted, including counters, closets and built-ins, but excluding the

bathroom;

b. No service areas, including, but not limited to, the facility kitchen, laundry, hallways and corridors, supply closets, operations and maintenance areas, staff areas and offices, and rooms used only for counseling or medical services, may be counted toward the communal area requirement; and

c. A minimum of four hundred (400) square feet of the required communal area must be provided outdoors, with no

dimension less than ten (10) feet. A departure from the required amount and/or dimension of outdoor communal space may be permitted as part of the design review process, pursuant to Section 23.41.012 A.

23.47A.036 Development standards for live-work units.

A. Live-work units shall be subject to the development standards of the underlying zone.

B. Live-work units at street level shall be further subject to the development standards provided below:

1. The portion of the live-work unit in which business is conducted must be located between the principal street and the residential portion of the live-work unit.

2. When transparency is required, clear or lightly tinted glass in windows, doors and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows with a minimum thirty (30) inch depth from the outside.

23.47A.037 Keeping of animals.

The keeping of animals shall be regulated by Section 23.42.052, Keeping of Animals.

23.47A.038 Home occupations.

Home occupations shall be regulated by Section 23.42.050, Home Occupations.

Section 28. Section 23.48.006 of the Seattle Municipal Code, which Section was last amended by ordinance 118302, is amended as follows:

23.48.006 Prohibited uses.

The following uses are prohibited as both principal and accessory uses, except as otherwise noted:

A. All high-impact uses;

B. All heavy manufacturing uses;

C. General manufacturing uses greater than twenty-five thousand (25,000) square feet of gross floor area for an individual business establishment;

D. Drive-in businesses, except gas stations;

E. Jails;

F. Adult motion picture theaters and adult panorams;

G. Outdoor storage, except for outdoor storage associated with florists and horticultural uses;

H. Principal use surface parking;

I. Animal shelters and K kennels;

J. Animal sheltershusbandry;

K. Animal husbandryPark and pool lots;

L. Park and pool ride lots;

M. Park and ride lots Work release centers;

N. Work release centers Recycling

O. All salvage and recycling uses, except recycling collection stations Solid waste management; and

P. Mobile home parks.

Section 29. Section 23.48.019 A of the Seattle Municipal Code, which section was adopted by Ordinance 121782, is amended as follows:

23.48.019 Street level uses.

One or more of the uses listed in subsection A are required at street level on all lots abutting streets designated as Class 1 Pedestrian Streets shown on Map B, located at the end of this Chapter. Required street-level uses shall meet the standards of this Section.

A. The following uses qualify as required street level uses:

1. Personal and household retailGeneral sales and service uses;

2. Eating and drinking establishments;

3. Customer service offices;

43. Entertainment uses;

5. Pet grooming services;

64. Public library; and

75. Public park.

***

Section 30. Section 23.48.032 of the Seattle Municipal Code, which Section was last amended by ordinance 121476, is amended as follows:

23.48.032 Required parking and loading.

A. Each use shall provide a minimum number of off-street parking spaces according to the requirements of Section 23.54.015, Required parking, except as modified by this section.

B. Loading berth requirements shall be provided pursuant to Section 23.54.035, Loading berth requirements and space standards.

C. Where access to a loading berth is from the alley, and truck loading is parallel to the alley, a setback of twelve (12) feet shall be required for the loading berth, measured from the centerline of the alley (Exhibit 23.47A.014 D -in Chapter 23.47). This setback shall be maintained up to a height of sixteen (16) feet.

D. Reduction in the Amount of Parking Required.

1. Reductions to required parking shall be permitted according to the provisions of Section 23.54.020, Parking

quantity exceptions. Further reductions or exceptions are permitted per business establishment for street-level uses on Class 1 and 2 Pedestrian Streets, shown on Map B, located at the end of this Chapter, as follows:

Uses Class 1 Pedestrian Streets Class 2 Pedestrian Streets

General sales and No parking required for No parking required for service uses, medical the first 25,000 square the first 7,500 square services, animal feet feet shelters and kennels, automotive sales and services, marine sales and services, ; heavy sales and services uses, lodging and entertainment uses, except motion picture theaters. Retail sales and service uses, except eating and drinking establishments; customer service offices; and entertainment uses, except motion picture theaters.

Motion picture theaters No parking required for No parking required for the first 150 seats the first 150 seats

Eating and drinking No parking required for No parking required for establishments. the first 7,500 square the first 7,500 square feet feet

Human Service and child No parking required No parking required care uses.

2. No additional parking shall be required when an existing structure is expanded by up to two thousand five hundred (2,500) square feet, provided that this exemption may be applied only once to any individual structure.

E. Payment in Lieu. In lieu of providing all or a portion of the required parking, an applicant may make a payment to the South Lake Union Parking Fund if the Director determines that the payment will contribute to the purchase and/or development of an identified public parking garage that is consistent with City policy and priorities, that the parking will mitigate the impacts of the project; and that construction of the public parking garage (if applicable) is assured. The payment and use thereof shall be consistent with RCW 82.02.020.

1. An in-lieu-of payment shall equal the cost to develop such parking on the project site.

2. Funds received in-lieu-of providing parking shall be applied to acquisition or development of a new public parking garage(s) in the South Lake Union Urban Center, within eight hundred (800) feet of the contributing site(s), except that when a contributor(s) agrees with the City that a new parking garage, available to the public, within the SM zone more than eight hundred (800) feet from the project site(s) would be an appropriate mitigation of the project's impacts, the in-lieu-of payment(s) from those projects may be used for that garage.

3. Limitations. Parking stalls within a shared parking garage(s), satisfying the requirements of this section for any project, shall not be used to satisfy the parking requirement for any other project.

Section 31. Subsection A of Section 23.49.025 of the Seattle Municipal Code, which Section was last amended by Ordinance 120967, is amended as follows:

23.49.025 Street-level use requirements.

One or more of the uses listed in subsection A are required at street level on all lots abutting streets designated on Map 1H. Required street-level uses shall meet the standards of this section.

A. Types of Uses. The following uses qualify as required street-level uses:

1. Retail sales and services, except lodging; Sales and services, General;

2. Human service uses and child care centers;

3. Customer service offices; Retail sales and services, Major durables;

4. Entertainment uses

5. Museums, and administrative offices within a museum expansion space meeting the requirement of subsection 23.49.011 B1g; and

6. Libraries; and

7. Public atriums;.

8. Eating and drinking establishments;

9. Sales and services, Automotive;

10. Sales and services, Marine; and

10. Animal shelters and kennels.

* * *

Section 32. Section 23.49.044 of the Seattle Municipal Code, which Section was last amended by ordinance 112777, is amended as follows:

23.49.044 Downtown Office Core 1, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage;

C. All general and heavy manufacturing uses;

D. Solid waste management; All salvage and recycling uses except recycling collection stations; and

E. Recycling uses; and

F. All high-impact uses.

Section 33. Section 23.49.062 of the Seattle Municipal Code, which Section was last amended by ordinance 112777, is amended as follows:

23.49.062 Downtown Office Core 2, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage;

C. All general and heavy manufacturing uses;

D. Solid waste management; All salvage and recycling uses except recycling collection stations;

E. Recycling uses; and

F. All high-impact uses.

Section 34. Section 23.49.092 of the Seattle Municipal Code, which Section was last amended by Ordinance 112777, is amended as follows:

23.49.092 Downtown Retail Core, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage;

C. All general and heavy manufacturing uses;

D. Solid waste management; All salvage and recycling uses except recycling collection stations; and

E. Recycling uses; and

F. All high-impact uses.

Section 35. Section 23.49.118 of the Seattle Municipal Code, which Section was last amended by Ordinance 112777, is amended as follows:

23.49.118 Downtown Mixed Commercial, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage;

C. Adult motion picture theaters and adult panorams;

D. All general and heavy manufacturing uses;

E. Solid waste management; All salvage and recycling uses except recycling collection stations; and

F. Recycling uses; and

G. All high-impact uses.

Section 36. Section 23.49.144 of the Seattle Municipal Code, which Section was last amended by ordinance 114623, is amended as follows:

23.49.144 Downtown Mixed Residential, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage;

C. Helistops and heliports;

D. Adult motion picture theaters and adult panorams;

E. Light manufacturing uses in DMR/R areas;

F. All general and heavy manufacturing uses;

G. Solid waste management;All salvage and recycling uses, except recycling collection stations

H. Recycling uses;

I. All high-impact uses; and

J.I. Work-release centers.

Section 37. Section 23.49.320 of the Seattle Municipal Code, which Section was last amended by ordinance 114623, is amended as follows:

23.49.320 Downtown Harborfront 2, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage, except when accessory to water-dependent or water-related uses located in Downtown Harborfront 1 or Downtown Harborfront 2;

C. Adult motion picture theaters and adult panorams;

D. All general and heavy manufacturing uses;

E. Solid waste management; All salvage and recycling uses except recycling collection stations;

F. Recycling uses;

G. All high-impact uses; and

H.G. Work-release centers.

Section 38. Subsection A of Section 23.49.338 of the Seattle Municipal Code, which Section was last amended by ordinance 120928, is amended as follows:

23.49.338 Pike Market Mixed, prohibited uses.

A. The following uses are prohibited as both principal and accessory uses in areas outside of the Pike Place Market Historical District, Map 1L:1

1. Drive-in businesses, except gas stations located in parking garages;

2. Outdoor storage;

3. Adult motion picture theaters and adult panorams;

4. Transportation facilities, except principal use parking;

5. Major communication utilities;

6. All general manufacturing uses;

7. Solid waste management; All salvage and recycling uses, except recycling collection stations;

8. Recycling uses;

9. All industrial uses;

10.9. Jails; and

11.10. Work-release centers.

* * *

Section 39. Subsection C of Section 23.50.002 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended as follows:

23.50.002 Scope of provisions.

* * *

C. Communication utilities and accessory communication devices except as exempted in Section 23.57.002 are subject to the regulations in this chapter and additional regulations in Chapter 23.57. Requirements for streets, alleys and easements are provided in Chapter 23.53. Standards for parking access and design are provided in Chapter 23.54. Signs are regulated by Chapter 23.55. Methods for measurements are provided in Chapter 23.86. Definitions are in Chapter 23.84A.

* * *

Section 40. Chart A of Section 23.50.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 121476,

is amended as follows:

Industrial Uses Chart A For Section 23.50.012 Zones INDUSTRIAL USES CHART A For Section 23.50.012

USES IB IC IG1 and IG2 IG1 in IG2 in (general) the the Duwamish Duwamish M/I Center M/I Center

Manufacturing.

A. Light P P P P P manufacturing

B. General P P P P P manufacturing

C. Heavy CU X or CU1 P or CU2 P P manufacturing

II. High-impact X X or CU3 X or CU4 X or CU4 X or CU4 Uses.

III. Commercial.

A. Retail sales and service

A.1. Personal

and household General P P P P P sales and services

B. Heavy P P P P P sales and services

2. Medical P/CU5 P/CU5 P/CU5 P/CU5 P/CU5 Medical services

3. Animal services

a. Animal P P P P P health services

b. Kennel X P P P P

c. Animal P P P P P control shelter

d. Pet P P P P P grooming services

4. Automotive P P P P P retail sales and service

5. Marine P P P P P retail sales and service

C6. P P P P P Eating and drinking establishment

D7. CU CU CU X X Lodging

8. Mortuary P P P X X service

9. Existing P P P P P cemeteries

10. New X X X X X cemeteries

B. Principal P P P X X use parking, surface area or garage

C. P P P P P Nonhousehold sales and services

D. Office P P P P P

E. Entertainment

1. Places of public assembly Theaters and spectator sports facilities

a. Performing P P P X X arts theater

b. Spectator P P P X65 X65 sports facility

c. Lecture P P P P P and meeting halls d. Motion P P P X X picture theater e. Motion X X X X X picture theater, adult

f. Adult X X X X X panorams

2. Participant sports and recreation 2a. Indoor sports and recreation P P P X P

3b. Outdoor sports and recreation P P P X P

4. Motion X X X X X picture theater, adult

5. Adult X X X X X panorams

F. Wholesale P P P P P Showroom

G. Mini P P P X P Mini-warehouse

H. Warehouse P P P P P

I. Outdoor P P P P P Storage

J. Transportation Facilities

1. Personal P P P P P transportation services

2. Passenger P P P P P terminal

3. Cargo P P P P P terminal

4. Transit CU CU CU CU CU vehicle base

5. Helistop CCU CCU CCU CCU CCU

6. Heliport X CCU CCU CCU CCU

7. Airport, X CCU CCU CCU CCU land-based

8. Airport, X CCU CCU CCU CCU water-based

9. Railroad P P P P P switchyard

10. Railroad X X CU CU CU switchyard with mechanized hump

F. Sales P P P P P and service, Automotive

G. Sales P P P P P and service, Marine

H. Animal X6 P P P P shelters and kennels

I. Office P P P P P

J. Medical P/CU7 P/CU7 P/CU7 P/CU7 P/CU7 services

K. Food P P P P P processing and craft work

L. P P P P P Research and development laboratory

L. Food P P P P P processing and craft work

IV. TRANSPORTATION FACILITIES

A. P P P P P Rail transit facilities

B. P P P P P Passenger terminals

C. Vehicle storage and maintenance

1. P P P P P Transportation services, Personal

2. Bus CU CU CU CU CU base

3. Railroad P P P P P switchyard

4. Railroad X X CU CU CU switchyard with mechanized hump

D. Transportation facilities, Air

1. Helistop CCU CCU CCU CCU CCU

2. Heliport X CCU CCU CCU CCU

3. Airport, X CCU CCU CCU CCU land-based

4. Airport, X CCU CCU CCU CCU water-based

E. Parking and moorage

1. P P P X X Parking, Principal Use

a. Park P11 P11P11 CU CU and pool lots 8 8 8

b. Park CU CU CU CU CU and ride lots

2. Towing P P P P P services

3. Boat P P P P P moorage

4. Dry P P P P P boat storage

F. Cargo P P P P P terminal

IV. Salvage and Recycling.

A. Recycling P P P P P collection station

B. Recycling P P P P P center

C. Salvage X X P P P yard

V. Utilities.

A. Utility P P P P P services use

B. Major CU CU CU CU CU communication utility7 9

C. Minor P P P P P communication utility7 9

D. Recycling P P P P P

E. Solid waste management

1. Salvage X X P P P yard

D2. X CU CU CU CU Solid waste transfer Station

E. Power X CCU P P P plant

F. Sewage X CCU CCU CCU CCU treatment Plant

3G. X CCU CCU CCU CCU Solid waste Incineration Facility

4 X X X X X { -H Solid waste landfills

F. Sewage X CCU CCU CCU CCU treatment plant

G. Power X CCU P P P plant

VI. Storage

A. P P P X P Mini-warehouse

B. Warehouse P P P P P

C. Outdoor P P P P P Storage

VII. Institutions.

A. Institute P P P X X for advanced study

B. Private EB EB EB X X clubs

C. Child care P P P P P center

D. Museum EB EB EB X8 X8 10 10

E. School, EB EB EB X X elementary or secondary

F. College EB EB EB X9 X9 11 11

G. Community EB EB EB P P center

H. Community EB EB EB X P club

I. Vocational P P P P P or fine arts school

J. Hospital EB EB CU10 P P 12

K. Religious EB EB EB EB EB facility

L. EB EB EB X9 X9 University

M. Major EB EB EB EB EB institutions. subject to the provisions of Chapter 23.69

VIII. Public Facilities.

A. Jails X X X X X

B. X X X X X Work-release centers

C. Other CCU CCU CCU CCU CCU public facilities

VIII. Park and Pool/Ride Lots.

A. Park and P11 P11 P11 CU CU pool lots

B. Park and CU CU CU CU CU ride lots

IX. Residential.

A. X X X X X Residential uses not listed below

A. X X X X X Single-family dwelling units

B. X X X X X Multi-family structures

C. X X X X X Congregate residences

D. Adult X X X X X family homes

E. Floating X X X X X homes

F. Mobile X X X X X home park

G. Nursing X X X X X homes

BH. EB/CU EB/CU EB/CU EB/CU EB/CU Artist's studios dwelling

CI. P P P P P Caretaker's quarters

J. Assisted X X X X X living facility

DK. CU CU CU CU CU Residential use except artist's studio/dwelling and caretaker's quarters in a landmark structure or landmark district

X. Live-work X X X X X units

XI. Parks and P P P P P Open Space

A. Parks P P P P P

B. P P P P P Playgrounds

XII. Agricultural Uses

A. Animal X X X X X husbandry

B. X X X X X Horticultural use

C. P P P P P Aquaculture

XIII. X X X X X Cemeteries

P = Permitted

X = Prohibited

CU = Administrative conditional use

CCU = Council conditional use

EB = Permitted only in a building existing on October 5, 1987.

1. The Heavy Manufacturing uses listed in subsection B9 of Section 23.50.014 may be permitted as a conditional use. All other Heavy Manufacturing uses are prohibited.

2. Heavy Manufacturing uses may be permitted as a conditional use within the Queen Anne Interbay area as provided at subsection C of Section 23.50.014.

3. The high-impact uses listed at subsection B10 of Section 23.50.014 may be permitted as conditional uses.

4. High-impact uses may be permitted as a conditional use as provided at subsection B5 of Section 23.50.014.

5. Medical service uses over ten thousand (10,000) square feet, within two thousand five hundred feet (2,500') of a medical Major Institution overlay district boundary, shall require administrative conditional use approval, unless included in an adopted major institution master Plan or located in a Downtown zone. See Section 23.50.014.

56. Parking required for a spectator sports facility or exhibition hall is allowed and shall be permitted to be used for general parking purposes or shared with another such facility to meet its required parking. A spectator sports facility or exhibition hall within the Stadium Transition Overlay Area District may reserve parking. Such reserved, non-required, parking is allowed, shall be permitted to be used for general parking purposes and is exempt from the one (1) space per 650 square feet ratio under the following circumstances: if

(a) The parking is owned and operated by the spectator sports facility or exhibition hall, and

(b) Is reserved for events in the spectator sports facility or exhibition hall, and

(c) The reserved parking is outside of the Stadium Transition Overlay Area District, and south of South Royal Brougham Way, west of 6th Avenue South and north of Atlantic Street. Parking that is covenanted to meet required parking will not be considered reserved parking.

6. Animal control shelters maintained and operated for the impounding, holding and/or disposal of lost, stray, unwanted, dead or injured animals are permitted.

7. Medical service uses over ten thousand (10,000) square feet, within two thousand five hundred feet (2,500') of a medical Major Institution overlay district boundary, shall require administrative conditional use approval, unless included in an adopted major institution master Plan or located in a Downtown zone. See Section 23.50.014.

8. Park and pool lots are not permitted within three thousand (3,000) feet of the Downtown Urban Center.

97. See Chapter 23.57 for regulation of major and minor communication utilities and accessory communication devices.

108. Museums are prohibited except in buildings or structures that are designated City of Seattle landmarks.

119. A college or university offering a primarily vocational curriculum within the zone is permitted.

1210. Hospitals may be permitted as a conditional use where accessory to a research and development laboratory or an institute for advanced study pursuant to Section 23.50.014, B15, Conditional uses.

12. Park and pool lots are not permitted within three thousand (3,000) feet of the Downtown Urban Center.

Section 41. Subsection B of Section 23.50.014 of the Seattle Municipal Code, which Section was last amended by ordinance 121477, is amended as follows:

23.50.014 Conditional uses.

* * *

B. Administrative Conditional Uses. The following uses, identified as administrative conditional uses in Chart A, may be permitted by the Director when the provisions of this subsection and subsection A of this section are met.

1. Artist's studio/dwellings in an existing structure may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones, except as provided in the Shoreline District, Chapter 23.60, upon showing that the occupant is a bona fide working artist, and subject to the following criteria:

a. Artist's studio/dwellings shall generally be discouraged along arterials such as freeways, state routes and freight lines;

b. Artist's studio/dwellings shall not be allowed in areas where existing industrial uses may cause environmental or safety problems;

c. Artist's studio/dwellings shall not be located where they may restrict or disrupt industrial activity;

d. The nature of the artist's work shall be such that there is a genuine need for the space; and

e. The owner(s) of a building seeking a conditional use for artist's studio/dwellings must sign and record a covenant and equitable servitude, on a form acceptable to the Director, that acknowledges that the owner(s) and occupants of the building accept the industrial character of the neighborhood and agree that existing or permitted industrial uses do not constitute a nuisance or other inappropriate or unlawful use of land. Such covenant and equitable servitude must state that it is binding on the owner(s)' successors, heirs, and assigns, including any lessees of the artist's studio/dwellings.

2. Park-and-pool lots in IG1 and IG2 zones in the Duwamish Manufacturing/Industrial Center, and park-and-ride lots in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones may be permitted as a conditional use according to the following criteria:

a. The lot shall not create conflict with industrial activity by causing significant additional traffic to circulate through the area;

b. The lot has direct vehicular access to a designated arterial improved to City standards;

c. The lot shall be located on an existing parking area unless no reasonable alternative exists;

d. If the proposed lot is located on a lot containing accessory parking for other uses, there shall be no substantial conflict in the principal operating hours of the lot and the other uses; and

e. The lot is not located within three thousand (3,000) feet of downtown.

3. Except in the Duwamish Manufacturing/Industrial Center, lodging uses may be permitted as a conditional use in General

Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones according to the following criteria:

a. The use is designed primarily to serve users in the industrial area; and

b. The use is designed and located to minimize conflicts with industrial uses in the area.

4. A residential use not otherwise permitted in the zone may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones within a structure designated as a Landmark, pursuant to the Seattle Municipal Code, Chapter 25.12, Landmarks Preservation, or within a structure in a Landmark District, pursuant to the Seattle Municipal Code, Chapters 25.16, Ballard Avenue Landmark District, or Chapter 25.28, Pioneer Square Historical District, subject to the following criteria:

a. The use shall be compatible with the historic or landmark character of the structure. The Director shall request a determination regarding compatibility by the respective Board having jurisdiction over the structure or lot;

b. The residential use shall not restrict or disrupt industrial activity in the zone, and

c. The surrounding uses would not be detrimental to occupants of the Landmark structure.

5. High Impact 1 uses may be permitted as a conditional use in General Industrial 1 (IG1), and General Industrial 2 (IG2) zones, according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not

exposed to unreasonable adverse impacts;

b. A management plan may be required. The Director may determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation and other factors may be required.

6. A new railroad switchyard with a mechanized hump, or the expansion of such a use beyond the lot occupied at the date of adoption of the ordinance codified in this section1 may be permitted as a conditional use in General Industrial 1 (IG1) and General Industrial 2 (IG2) zones, according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

b. Measures to minimize the impacts of noise, light and glare, and other measures to insure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

7. Solid waste transfer stations may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2) and Industrial Commercial (IC) zones according to the following criteria:

a. Measures to minimize potential odor emissions and airborne pollutants shall be determined in consultation with the Puget Sound Clean Air Agency (PSCAA). These measures shall be incorporated into the design and operation of the facility;

b. Measures to maximize control of rodents, birds and other vectors shall be determined in consultation with the Seattle/King County Department of Public Health. These measures shall be incorporated into the design and operation of the facility;

c. A transportation plan may be required. The Director shall determine the level of detail to be disclosed in the plan such as estimated trip generation, access routes and surrounding area traffic counts, based on the probable impacts and/or scale of the proposed facility; and

d. Measures to minimize other impacts are incorporated into the design and operation of the facility.

8. Heavy Manufacturing uses may be permitted in the Industrial Buffer (IB) zone as a conditional use according to the following criteria:

a. The use shall be located within an enclosed building except for shipbuilding;

b. The hours of operation for all processes creating any adverse impacts on residentially or commercially zoned land may be limited;

c. Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones;

d. The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use; and

e. The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones.

9. The Heavy Manufacturing uses listed in subsection B9a of this section may be permitted in the Industrial Commercial (IC) zone as a conditional use according to criteria contained in subsection B9b.

a. Uses.

(1) Mass production of commercial or recreational vessels of any size and the production of vessels up to one hundred and twenty (120) feet in length, constructed to individual specifications; and

(2) Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating; and

(3) Production of industrial organic and inorganic chemicals, and soaps and detergents.

b. Criteria.

(1) Except for shipbuilding, the use shall be located within an enclosed building;

(2) The hours of operation for all processes creating any impacts on residentially or commercially zoned land may be limited;

(3) Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones;

(4) The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use;

(5) The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones;

(6) The finished product as packaged for sale or distribution shall be in such a form that product handling and shipment does not constitute a significant public health risk; and

(7) The nature of the materials produced and/or the scale of manufacturing operations may be limited in order to minimize the degree and severity of risks to public health and safety.

10. The High Impact uses listed in subsection B10a of this section may be permitted as conditional uses in the Industrial Commercial (IC) zone according to the criteria contained in subsection B10b of this section.

a. Uses.

(1) The manufacture of Group A hazardous materials, except Class A or B explosives; and

(2) The manufacture of Group B hazardous materials, when the hazardous materials are present in quantities greater than two thousand five hundred (2,500) pounds of solids, two hundred seventyfive (275) gallons of liquids, or one thousand (1,000) cubic feet of gas at any time.

b. Criteria.

(1) The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

(2) A management plan may be required. The Director may determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation and other factors may be required;

(3) The finished product as packaged for sale or distribution shall be in such a form that product handling and shipment does not constitute a significant public health risk; and

(4) The nature of the materials produced and/or the scale of manufacturing operations may be limited in order to minimize the degree and severity of risks to public health and safety.

11. Transit vehicleBus bases may be permitted as a conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones according to the following criteria:

a. The amount of industrial land occupied by the facility shall be minimized. To avoid disruption of the industrial function of the area, the presence of the facility shall not obstruct the operation or likely expansion of existing industrial uses;

b. The location of the facility shall not result in significant displacement of viable industrial uses or support activities;

c. The amount of land occupied by the facility that has access to industrial shorelines or major rail facilities shall be minimized; and

d. A transportation plan may be required to prevent conflicts with nearby industrial uses. The Director shall determine the level of detail to be disclosed in the plan based on the probable impacts and/or scale of the proposed facility.

12. Development of a medical service use over ten thousand (10,000) square feet, outside but within two thousand five hundred (2,500) feet of a medical Major Institution overlay district boundary, shall be subject to administrative conditional use approval, unless included in an adopted master plan. In making a determination whether to approve or deny medical service use, the Director shall determine whether an adequate supply of industrially zoned land will continue to exist. The following factors shall be used in making this determination:

a. Whether the amount of medical service use development existing and proposed in the vicinity would reduce the current viability or significantly impact the longer-term potential of the manufacturing or heavy commercial character of the industrial area; and

b. Whether medical service use development would displace existing manufacturing or heavy commercial uses or usurp vacant land, in areas with parcels particularly suited for manufacturing or heavy commercial uses.

13. A nonconforming use may be converted by an administrative conditional use authorization to a use not otherwise permitted in the zone based on the following factors:

a. New uses shall be limited to those first permitted in the next more intensive zone;

b. The Director shall evaluate the relative impacts of size, parking, traffic, light, glare, noise, odor and similar impacts of the two (2) uses, and how these impacts could be mitigated;

c. The Director must find that the new nonconforming use is no more detrimental to property in the zone and vicinity than the existing nonconforming use.

14. An accessory hospital facility may be permitted as a conditional use according to the following criteria:

a. The hospital facility is an integral element of a research and development laboratory or an institute for advanced study to which it is accessory; and

b. The hospital use shall not be allowed in areas where industrial activity may adversely affect hospital activity.

* * *

Section 42. Section 23.50.015 of the Seattle Municipal Code,

which section was last amended by Ordinance 120691, is amended as follows:

23.50.015 Major Phased Development.

A. An applicant may seek approval of a Major Phased Development, as defined in Section 23.84A.025. A Major Phased Development proposal is subject to the provisions of the zone in which it is located and shall meet the following thresholds:

1. A minimum site size of five (5) acres, where the site is composed of contiguous parcels or contains a right-of-way within;

2. The project, which at time of application shall be a single, functionally interrelated campus, contains more than one building, with a minimum total gross floor area of two hundred thousand (200,000) square feet;

3. The first phase of the development consists of at least one hundred thousand (100,000) square feet in gross building floor area; and

4. At the time of application, the project is consistent with the general character of development anticipated by Land Use Code regulations.

* * *

Section 43. Section 23.54.015 of the Seattle Municipal Code, which was last amended by Ordinance 121477, is repealed and replaced with the following:

23.54.015 Required parking

A. The minimum number of off-street parking spaces required for specific uses outside the areas listed in subsection A is set

forth in Chart A for nonresidential uses, Chart B for residential uses, and Chart C for institutional uses. The minimum parking requirements are based upon gross floor area of the use in a structure, or the square footage of the use when located outside of an enclosed structure, or as otherwise specified. This section does not apply to uses located in downtown zones, which are regulated by Section 23.49.016, or to Major Institution uses, which are regulated by Section 23.54.016.

B. Maximum Parking Limits.

1. In the Stadium Transition Area Overlay District certain uses are subject to a maximum parking ratio pursuant to Section 23.74.010 A.1.b. When there are multiple uses on a lot, the total parking requirement for all uses subject to the maximum ratio cannot exceed that maximum.

2. In all commercial zones, no more than one hundred forty-five (145) spaces may be provided as surface parking per lot.

C. Exceptions to the parking requirements set forth in this section are provided in Section 23.54.020, Parking quantity exceptions, unless otherwise specified.

D. In all zones, no parking is required for the first two thousand five hundred (2,500) square feet of gross floor area of nonresidential uses in a structure. This waiver does not apply to structures or portions of structures occupied by restaurants with drive-in lanes, motion picture theaters, administrative offices or institutional uses, including Major Institution uses. When two or more uses, with different parking ratios occupy a structure, the twenty-five (2,500) square foot waiver is prorated based on the area occupied by the nonresidential uses for which the parking waiver is permitted.

E. Parking waivers in pedestrian-designated zones.

1. In pedestrian-designated zones, the minimum number of off-street parking spaces is calculated according Charts A through C and reductions are permitted pursuant to Section 23.54.020. Further reductions may be permitted for the uses listed on Chart D. The parking waivers permitted in Chart D apply to each business establishment in a structure.

2. Additional parking waivers may be permitted as a special exception for the following uses:

a. Eating and drinking establishments, up to a maximum waiver of five thousand (5,000) square feet; and

b. Motion picture theaters, up to a maximum waiver of three hundred (300) seats.

3. The following factors will be considered by the Director in determining whether to permit additional parking waivers:

a. Anticipated parking demand for the proposed use;

b. The extent to which an additional parking waiver is likely to create or add significantly to spillover parking in adjacent residential areas;

c. The availability of shared parking within eight hundred (800) feet of the business; and

d. Whether land is available for parking without demolishing an existing commercial structure, displacing a commercial use, or rezoning property to commercial.

F. Off-street parking shall be provided for all fleet vehicles and those parking spaces will not be counted toward the parking requirements of Chart A, Chart B, or Chart C.

G. For nonschool uses permitted to locate in a former or existing public school by a School Use Advisory Committee (SUAC), parking requirements will be determined by the school use criteria, according to Chapter 23.78, Establishment of Criteria for Joint Use or Reuse of Schools.

H. In the case of a use not shown on Chart A, Chart B, or Chart C, the requirements for off-street parking will be determined by the Director. If there is more than one comparable use, the Director's determination will be based on the requirements for the most comparable use. Where, in the judgment of the Director, none of the uses on Chart A, Chart B, and Chart C are comparable, the Director may base his or her determination as to the amount of parking required for the proposed use on detailed information provided by the applicant. The information required may include, but not be limited to, a description of the physical structure(s), identification of potential users, and analysis of likely parking demand.

I. If an entire use or structure, or the same portion of a use or structure, falls under more than one category in Chart A, Chart B or Chart C then, unless otherwise specified, the category requiring the least amount of parking spaces applies.

J. Existing legal parking deficits of legally established uses are allowed to continue even if a change of use occurs. This subsection will not be construed to permit a parking deficit caused by the failure to satisfy conditions of a reduced parking requirement for any use or structure.

K. Bicycle Parking. The minimum number of off-street parking spaces for bicycles required for specified uses is set forth in Chart E. In the case of a use not shown on Chart E, there is no minimum bicycle parking requirement. The minimum requirements are based upon gross floor area of the use in a structure, or the square footage of the use when located outside of an enclosed structure, or as otherwise specified.

1. After the first fifty (50) spaces for bicycles are provided, additional spaces are required at one half (1/2) the ratio shown in Chart E, except for Rail transit facilities; Passenger terminals; and Park and Ride lots. Spaces within dwelling units or on balconies do not count toward the bicycle parking requirement.

2. Required bicycle parking shall be provided in a safe, accessible and convenient location. Bicycle parking hardware shall be installed so that it can perform to its manufacturer's specifications and Seattle Department of Transportation design criteria, allowing

adequate clearance for bicycles and their riders. Directional signage shall be installed when bike parking facilities are not clearly visible from the street or sidewalk. When any covered automobile parking is provided, all required long-term bicycle parking shall be covered. When located off-street, bicycle and automobile parking areas must be separated by a barrier or painted lines.

3. Long-term parking for bicycles shall be for bicycles parked four (4) hours or more. Short-term parking for bicycles shall be for bicycles parked less than four (4) hours.

4. Bicycle parking facilities accessory to nonresidential uses shall be located on the lot or in a shared bicycle parking facility within one hundred (100) feet of the lot, except as provided in subsection 7 below.

5. Bicycle parking accessory to residential uses must be located on-site.

6. Bicycle parking facilities shared by more than one use

are encouraged.

7. Bicycle parking may be located in a separate facility within one-hundred (100) feet of the lot that is not a shared bicycle parking facility, or the applicant may make a payment to the City to fund public bicycle parking in lieu of providing required on-site bicycle parking, if the Director determines that:

a. Safe, accessible and convenient bicycle parking accessory to a nonresidential use cannot be provided on-site or in a shared bicycle parking facility within one-hundred (100) feet of the lot, without extraordinary physical or financial difficulty;

b. The payment is comparable to the cost of providing the equivalent bicycle parking on-site, and takes into consideration the cost of materials, equipment and labor for installation;

c. The bicycle parking funded by the payment is located within sufficient proximity to serve the bicycle parking demand generated by the project; and

d. Construction of the bicycle parking funded by the payment is assured before issuance of a certificate of occupancy for the development.

Chart A for Section 23.54.015 PARKING FOR NONRESIDENTIAL USES

Use Minimum parking required for new construction

I. COMMERCIAL

I.A. Sales and services, General 1 space for each 350 square feet

I.B. Sales and services, Heavy 1 space for each 2000 square feet; For business incubators, 1 space for each 1,000 square feet; For motion picture studios, and wholesale showrooms, 1 space for each 1500 square feet For sales, service, and rental of office equipment, 1 space for each 350 square feet

I.C. Eating and drinking establishments 1 space for each 200 square

feet

I.D. Lodging For bed and breakfast facilities, 1 space for each dwelling, plus 1 space for each 2 guest rooms or suites; For Hotels, 1 space for each 4 rooms; For Motels, 1 space for each room

I.E. Entertainment 1 space for each 8 fixed seats or 1 space for each 100 square feet of public assembly area not containing fixed seats; For bowling alleys, 5 spaces for each lane; For miniature golf, 1 space for each 2 holes; For participant sports and recreation, indoor and outdoor, unless otherwise specified, 1 space for each 350 square feet; For spectator sports facilities, 1 space for each 10 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats1 For sport ranges, 1 space for each 2 stations; For ball courts, 1 space per court For swimming pools 1 space for each 150 square feet of water area

I.F. Sales and services, Automotive For automotive parts or accessory sales, 1 space for each 350 square feet;

For gas stations, car washes, sale and rental of motorized vehicles, and vehicle repair, 1 space for each 2000 square feet

I.G. Sales and services, Marine 1 space for each 1000 square feet; For vessel repair, sale and rental of large boats, and marine service stations, 1 space for each 2000 square feet For sale of boat parts and accessories, 1 space for each 350 square feet

I.H. Animal shelters and kennels 1 space for each 350 square feet; For kennels, 1 space for each 2,000 square feet

I.I. Office 1 space for each 1000 square feet;

I.J. Medical Services 1 space for each 350 square feet

I.K. Laboratories, Research and 1 space for each 1000 square development feet, except within the South Lake Union Urban Center, 1 space for each 1500 square feet.

I.L. Food processing and craft work 1 space for each 1000 square feet

I.M Ground-floor businesses in None, maximum of 10 spaces multifamily zones

II. TRANSPORTATION FACILITIES

II.A. Rail transit facilities None

II.B. Passenger terminals 1 space for each 100 square feet of waiting area

II.C. Vehicle storage and maintenance 1 space for each 2000 square uses feet

II.D. Transportation facilities, air 1 space for each 100 square feet of waiting area

II.E. Parking and moorage

II.E.1. Principal use parking None

II.E.2. Towing services None

II.E.3. Boat Moorage Commercial moorage, 1 space for each 140 lineal feet of moorage; Recreational marinas, 1 space for each 75 lineal feet of moorage

II.E.4. Dry storage of boats 1 space for each 2000 square feet

II.F. Cargo terminals 1 space for each 2000 square feet

III. UTILITIES 1 space for each 2000 square feet; None for recycling collection stations

IV. MANUFACTURING 1 space for each 1500 square feet

V. HIGH IMPACT USES 1 space for each 1500 square

feet or as determined by the Director

VI. STORAGE 1 space for each 2000 square feet; Fore warehouses, 1space for each 1500 square feet For mini-warehouses, 1 space for each 30 storage units

VII. LIVE-WORK UNIT 1 space for each unit plus, if the unit exceeds 2,500 square feet, the parking requirement for the use most similar to the nonresidential space

VIII. AGRICULTURAL USES 1 space for each 350 square feet

1 Required parking for spectator sports facilities or exhibition halls must be available when the facility or exhibition hall is in use. A facility shall be considered to be "in use" during the period beginning three (3) hours before an event is scheduled to begin and ending one (1) hour after a scheduled event is expected to end. For sports events of variable or uncertain duration, the expected event length shall be the average length of the events of the same type for which the most recent data are available, provided it is within the past five (5) years. During an inaugural season, or for nonrecurring events, the best available good faith estimate of event duration will be used. A facility will not be deemed to be "in use" by virtue of the fact that administrative or maintenance personnel are present. The Director may reduce the required parking for any event when projected attendance for a spectator sports facility is certified to be fifty (50) percent or less of the facility's seating capacity, to an amount not less than that required for the certified projected attendance, at the rate of one (1) space for each ten (10) fixed seats of certified projected attendance. An application for reduction and the certification shall be submitted to the Director at least fifteen (15) days prior to the event. When the event is one of a series of similar events, such certification may be submitted for the entire series fifteen (15) days prior to the first event in the series. If the Director finds that a certification of projected attendance of fifty (50) percent or less of the seating capacity is based on satisfactory evidence such as past attendance at similar events or advance ticket sales, the Director shall, within fifteen (15) days of such submittal, notify the facility operator that a reduced parking requirement has been approved, with any conditions deemed appropriate by the Director to ensure adequacy of parking if expected attendance should change. The parking requirement reduction may be applied for only if the goals of the facility's Transportation Management Plan are otherwise being met. The Director may revoke or modify a parking requirement reduction approval during a series, if projected attendance is exceeded.

Chart B for Section 23.54.015 PARKING FOR RESIDENTIAL USES

Use Minimum parking required for new construction

General Residential Uses

I. Adult family home 1 space for each dwelling unit

II. Artist's studio/dwelling 1 space for each dwelling unit

III. Assisted living facility 1 space for each 4 assisted living units plus 1 space for each 2 staff members on-site at peak staffing time; plus 1 barrier-free passenger loading and unloading space; plus loading berth requirements per Section 23.54.035

IV. Caretaker's Quarters 1 space for each dwelling unit

V. Congregate residences 1 space for each 4 residents

VI. Floating homes 1 space for each dwelling unit

VII. Mobile home park 1 space for each mobile home

VIII. Multifamily uses, except as Development sites containing 2-10 otherwise provided below2 dwelling units: 1.1 spaces for each dwelling unit Development sites containing 11-30 dwelling units: 1.15 spaces for each dwelling unit Development sites containing 31-60 dwelling units: 1.2 spaces for each dwelling unit Development sites containing more than 60 dwelling units: 1.25 spaces for each dwelling unit In addition, for all multifamily uses whose average gross floor area per dwelling unit, excluding decks and all portions of a structure shared by multiple dwelling units, exceeds 500 square feet, an additional .0002 spaces per square foot in excess of 500 shall be required up to a maximum additional .15 spaces per dwelling unit; and When at least 50 percent of the dwelling units in a multifamily use have 3 bedrooms, an additional .25 spaces per bedroom for each unit with 3 bedrooms shall be required; and Any multifamily use that contains a dwelling unit with 4 or more bedrooms shall be required to provide an additional .25 spaces per bedroom for each unit with 4 or more bedrooms

IX. Nursing homes4 1 space for each 2 staff doctors; plus 1 additional space for each 3 employees; plus 1 space for each 6 beds

X. Single family dwelling units 1 space for each dwelling unit

Residential or Multifamily Requirements with Location Criteria

XI. Multifamily uses containing 1.5 spaces per unit with 2 or more dwelling units with 2 or bedrooms. The requirement for units with more bedrooms, when within 3 or more bedrooms contained above shall the area impacted by the also apply. All other requirements for University of Washington as units with fewer than 2 bedrooms shall be shown on Map A following as contained above. this section, unless another provision below allows fewer parking spaces, except within the University District Northwest Urban Center Village2

XII. Multifamily uses, when 1.5 spaces for each dwelling unit within the Alki area as shown on Map B following this section, unless another provision below allows fewer parking spaces2

XIII. Multifamily uses, for 1 space for each dwelling unit development sites that contain a total of 10 or fewer dwelling units, all in ground-related structures, except within the University District Northwest Urban Center Village2

XIV. Multifamily uses, when 1 space for each dwelling unit within the Seattle Mixed Zone or the Capitol Hill Urban Center Village2

XV. Multifamily uses, when 0.5 spaces for each dwelling unit within the First Hill or Pike/Pine Urban Center Village2

XVI. Multifamily uses when 1 space for each dwelling unit with 2 or within the University fewer bedrooms; 1.5 spaces for each District Northwest Urban dwelling unit with 3 or more bedrooms, Center Village2 plus .25 space for each bedroom in dwelling units with more than 3 bedrooms

Multifamily Requirements with Income Criteria or Location Criteria and Income Criteria

XVII. Multifamily uses, when 0.33 space for each dwelling unit with 2 located in Center City or fewer bedrooms, and 0.5 space for each neighborhoods, for each dwelling unit with 3 or more bedrooms dwelling unit rented to and occupied by a household with an income at time of its initial occupancy at or below 30 percent of the median family income3, for the life of the building2

XIII. Multifamily uses, when 0.5 space for each dwelling unit with 2 located in Center City or fewer bedrooms, and 1 space for each neighborhoods, for each dwelling unit with 3 or more bedrooms dwelling unit rented to and occupied by a household with an income at time of its initial occupancy of between 30 and 50 percent of the median family income3, for the life of the building2

XIX. Multifamily uses, when 0.33 space for each dwelling unit with 2 located outside of Center or fewer bedrooms, and 1 space for each City neighborhoods, for dwelling unit with 3 or more bedrooms each dwelling unit rented to and occupied by a household with an income at time of its initial occupancy at or below 30 percent of the median family income3, for the life of the building2

XX. Multifamily uses, when 0.75 spaces for each dwelling unit located outside of Center City neighborhoods, for each dwelling unit with 2 or fewer bedrooms rented to and occupied by a household with an income at time of its initial occupancy of between 30 and 50 percent of the median family income3, for the life of the building2

XXI. Multifamily uses occupied 1 space for each 6 dwelling units by low-income elderly households2

XXII. Multifamily uses occupied 1 space for each 4 dwelling units by low-income disabled households2

XXIII. Multifamily uses occupied 1 space for each 5 dwelling units by low-income elderly/low-income disabled households2

1 When permitted in single-family zones as a conditional use, the Director

may modify the parking requirements pursuant to Section 23.44.022; when permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122. The Director, in consultation with the Director of the Seattle Department of Transportation, may allow adult care and childcare centers locating in existing structures to provide loading and unloading spaces on-street when no other alternative exists.

2 The general requirements of this subsection for multifamily uses are superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement under any other multifamily provision. To the extent that more than one of the other multifamily provisions applies to a multifamily use, the least of the applicable parking requirements applies. The different parking requirements for certain multifamily uses listed shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this Title.

3 Notice of Income Restrictions. Prior to issuance of any permit to establish, construct or modify any use or structure, or to reduce any parking accessory to a multifamily use or structure, if the applicant relies upon these reduced parking requirements, the applicant shall record in the King County Office of Records and Elections a declaration signed and acknowledged by the owner(s), in a form prescribed by the Director, which shall identify the subject property by legal description, and shall acknowledge and provide notice to any prospective purchasers that specific income limits are a condition for maintaining the reduced parking requirement.

4When specified in single-family zones, Section 23.44.015, the Director may waive some or all of the parking requirements.

5Parking spaces required for multifamily uses may be provided as tandem spaces according to subsection B of Section 23.54A.020.

Exhibit for Chart A, Section 23.54.015

Map A University District Parking Overlay Area

Exhibit for Chart B, Section 23.54.015

Map B Alki Area Parking Overlay

Chart C

for Section 23.54.015

Chart C for Section 23.54.015 PARKING FOR PUBLIC USES AND INSTITUTIONS

Use Minimum parking required for new construction

I. Adult care center1 1 space for each 10 adults (clients) or 1 space for each staff member, whichever is greater, plus 1 loading and unloading space for each 20 adults (clients)

II. Child care center1,2 1 space for each 10 children or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 children

III. Colleges and A number of spaces equal to 15 percent of the universities maximum number of students present at peak hour; plus 30 percent of the number of employees present at peak hour; plus 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities

IV. Community centers owned 1 space for each 555 square feet; and operated by the For family support centers, 1 space for each Seattle Department of 100 square feet Parks and Recreation (DOPAR)1,3,4

V. Community clubs and 1 space for each 80 square feet of floor area centers not owned and of all auditoria and public assembly rooms not operated by DOPAR1,3 containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts

VI. Hospitals1 1 space for each 2 staff doctors; plus 1 additional space for each 5 employees; plus 1 space for each 6 beds

VII. Library5 1 space for each 80 square feet of floor area of all auditoria and public meeting rooms; plus 1 space for each 500 square feet of floor area, excluding auditoria and public meeting rooms

VIII. Museum1 1 space for each 80 square feet of all auditoria and public assembly rooms, not containing fixed seats; or 1 space for every 10 fixed seats for floor area containing fixed seats; plus 1 space for each 250 square feet of other gross floor area open to the public

IX. Private club1 1 space for each 80 square feet of floor area of all auditoria and public assembly rooms not containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts

X. Religious facility1 1 space for each 80 square feet of all auditoria and public assembly rooms

XI. School, private 1 space for each 80 square feet of all elementary and auditoria and public assembly rooms, or if no secondary1 auditorium or assembly room, 1 space for each staff member

XII. School, public 1 space for each 80 square feet of all elementary and auditoria or public assembly rooms, or 1 space secondary1 for every 8 fixed seats in auditoria or public assembly rooms, containing fixed seats, for new public schools on a new or existing public school site

XIII. Institutes for advanced 1 space for each 1,000 square feet of study administrative offices and similar spaces; plus 1 space for each 10 fixed seats in all auditoria and public assembly rooms; or 1 space for each 100 square feet of public assembly area not containing fixed seats

XIV. Institutes for advanced 3.5 spaces for each 1,000 square feet of office study in single family space; plus 10 spaces for each 1,000 square zones (existing) feet of additional building footprint to house and support conference center activities; or 37 spaces for each 1,000 square feet of actual conference rooms to be constructed, whichever is greater

XV. Vocational or fine arts 1 space for each 2 faculty plus full-time school employees; plus 1 space for each 5 students (based on the maximum number of students in attendance at any one time)

1 When permitted in single-family zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122. The Director, in consultation with the Director of the Seattle Department of Transportation, may allow adult care and childcare centers locating in existing structures to provide loading and unloading spaces on-street when no other alternative exists.

2 A child care facility, when co-located with an assisted living facility, may count the passenger load/unload space required for the assisted living facility toward its required passenger load/unload spaces.

3 Indoor gymnasiums shall not be considered ball courts, nor shall they be considered auditoria or public assembly rooms unless they contain bleachers (fixed seats). If the gymnasium contains bleachers, the parking requirement for the entire gymnasium shall be one (1) parking space for every eight (8) fixed seats. Each twenty (20) inches of width of bleachers shall be counted as one (1) fixed seat for the purposes of determining parking requirements. If the gymnasium does not contain bleachers and is in a school, there is no parking requirement for the gymnasium. If the gymnasium does not contain bleachers and is in a community center, the parking requirement shall be one (1) space for each three hundred fifty (350) square feet. If the gymnasium does not contain bleachers and is in a community center owned and operated by the Department of Parks and Recreation (DOPAR), the parking requirement shall be one (1) space for each five hundred fifty-five (555) square feet.

4 When family support centers are located within community centers owned and operated by DOPAR, the Director may lower the combined parking requirement by up to a maximum of fifteen (15) percent, pursuant to Section 23.54.020 I.

5 When a library is permitted in single-family zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when a library is permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122; and when a library is permitted in commercial zones, the Director may modify the parking requirements pursuant to Section 23.44.022 L.

6 For public schools, when an auditorium or other place of assembly is demolished and a new one built in its place, parking requirements shall be determined based on the new construction. When an existing public school on an existing public school site is remodeled, additional parking is required if any auditorium or other place of assembly is expanded or additional fixed seats are added. Additional parking is required as shown on Chart A for the increase in floor area or increase in number of seats only. If the parking requirement for the increased area or seating is ten (10) percent or less than that for the existing auditorium or other place of assembly, then no additional parking shall be required.

7 Development standards departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 to reduce the required or permitted number of parking spaces.

Chart D for Section 23.54.015 REDUCTION TO PARKING REQUIRED IN PEDESTRIAN-DESIGNATED ZONES

Use Parking waivers1

I. General sales and service NC1 Parking waived for first 4,000 square uses; Medical service feet uses; NC2 and NC3 Parking waived for first 5,000 Lodging uses; and square feet Entertainment uses, except motion picture theaters

II. Motion picture theaters Parking waived for first 150 seats

III. Eating and drinking NC1, NC2 and NC3 Parking waived for first establishments 2,500 square feet

1 Additional parking waiver for business establishments may be permitted as a special exception according to criteria of subsection 23.54.015 E.3

Chart E for Section 23.54.015 PARKING FOR BICYCLES

Bike Parking Requirements

Use Long-term Short-term

I. Sales and services, 1 per 12,000 sq ft 1 per 4,000 sq ft; general 1 per 2,000 sq ft in UC/SAO*

II. Sales and services, Heavy 1 per 4,000 sq ft 1 per 40,000 sq ft.

III. Eating and drinking 1 per 12,000 sq ft 1 per 4,000 sq ft; establishments 1 per 2,000 sq ft in UC/SAO

IV. Lodging 1 per 20 rentable 2 rooms

V. Entertainment 1 per 12,000 sq ft 1 per 40 seats or 1 per 1000 sq ft of non-seat area; 1 per 20 seats or 1 per 1,000 sq ft of non-seat area in UC/SAO

VI. Medical services 1 per 12,000 sq ft 1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO

VII. Office and Research and 1 per 4,000 sq ft; 1 per 40,000 sq ft. Development Laboratories 1 per 2,000 sq ft in UC/SAO

VII. Rail transit facilities At least 201 None and Passenger terminals

IX. Principal use parking 1 per 20 auto spaces None except Park and Ride lots

X. Park and Ride lots At least 201 None

XI. Manufacturing 1 per 4,000 sq ft None

XII. Institutions (if not 1 per 4,000 sq ft; 1 per 40,000 sq ft. listed below) 1 per 2,000 sq ft in UC/SAO

XIII. Child care center 1 per 4,000 sq ft 1 per 40,000 sq ft.

XIV. Museum 1 per 4,000 sq ft 1 per 4,000 sq ft

XV. Community Clubs and 1 per 4,000 sq ft 1 per 4,000 sq ft Centers

XVI. Religious Facility 1 per 12,000 sq ft 1 per 40 seats or 1 per 1000 sq ft of non-seat area

XVII. Library 1 per 4,000 sq ft 1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO

XVIII. Hospitals 1 per 4,000 sq ft; 1 per 40,000 sq ft. 1 per 2,000 sq ft in UC/SAO

XIX. Colleges, Universities A number of spaces None equal to ten (10) percent of the maximum students present at peak hour plus five (5) percent of employees.

XX. Vocational/Fine Arts A number of spaces None Institutes equal to ten (10) percent of the maximum students present at peak hour plus five (5) percent of employees.

XXI. Elementary School 1 per classroom None

XXII. Secondary (Middle and 2 per classroom None High)School

XXIII. Multi-family Residential 1 per 4 units None

XXIV. Congregate Residences 1 per 20 residents None

1 The Seattle Department of Transportation Director may require more bicycle parking spaces based on the following factors: Area topography; pattern and volume of expected bicycle users; nearby residential and employment density; proximity to Urban Trails system and other existing and planned bicycle facilities; projected transit ridership and expected access to transit by bicycle; and, other relevant transportation and land use information. * For the purposes of this chart, UC/SAO means Urban Centers or Station Area Overlays.

Section 44. Subsection B of Section 23.54.016 of the Seattle Municipal Code which section was last amended by Ordinance 121477, is amended as follows:

23.54.016 Major Institutions -Parking and transportation.

Major Institution uses shall be subject to the following transportation and parking requirements:

* * *

B. Parking Quantity Required. The minimum number of parking spaces required for a Major Institution shall be as follows:

1. Long-term Parking.

a. Medical Institutions. A number of spaces equal to eighty (80) percent of hospital-based doctors; plus twenty-five (25) percent of staff doctors; plus thirty (30) percent of all other employees present at peak hour;

b. Educational Institutions. A number of spaces equal to fifteen (15) percent of the maximum students present at peak hour, excluding resident students; plus thirty (30) percent of employees present at peak hour; plus twenty-five (25) percent of the resident unmarried students; plus one (1) space for each married student apartment unit.

2. Short-term Parking.

a. Medical Institutions. A number of spaces equal to one (1) space per six (6) beds; plus one (1) space per five (5) average daily outpatients;

b. Educational Institutions. A number of spaces equal to five (5) percent of the maximum students present at peak hour excluding resident students.

3. Additional Short-term Parking Requirements. When one (1) of the following uses is a Major Institution use, the following additional short-term parking requirements shall be met. Such requirements may be met by joint use of parking areas and facilities if the Director determines that the uses have different hours of operation according to Section 23.54.020 G:

a. Museum. One (1) space for each two hundred fifty (250) square feet of public floor area;

b. Theater, Auditorium, or Assembly Hall. One (1) space for each two hundred (200) square feet of audience assembly area not containing fixed seats, and one (1) space for every ten (10) seats for floor area containing fixed seats;

c. Spectator Sports Facility Containing Fewer than Twenty Thousand (20,000) Seats. One (1) space for each ten (10) permanent seats and one (1) space for each one hundred (100) square feet of spectator assembly area not containing fixed seats;

d. Spectator Sports Facility Containing Twenty Thousand (20,000) or More Seats. One (1) space for each ten (10) permanent seats and one (1) bus space for each three hundred (300) permanent seats.

4. Bicycle Parking. Bicycle parking meeting the development standards of Section 23.54.015 I423.54.015 K 2 and subsection D2 of this section shall be provided in the following quantities:

a. Medical Institutions. A number of spaces equal to two (2) percent of employees, including doctors, present at peak hour;

b. Educational Institutions. A number of spaces equal to ten (10) percent of the maximum students present at peak hour plus five (5) percent of employees.

If at the time of application for a master use permit, the applicant can demonstrate that the bicycle parking requirement is inappropriate for a particular institution because of topography, location, nature of the users of the institution or other reasons, the Director may modify the bicycle parking requirement.

5. Parking Deficits. In addition to providing the minimum required parking for a new structure, five (5) percent of any vehicular or bicycle parking deficit as determined by the minimum requirements of this subsection, existing on the effective date of the ordinance codified in this section,1 shall be supplied before issuance of a certificate of occupancy.

* * *

Section 45. Section 23.54.020 of the Seattle Municipal Code, which Section was last amended by Ordinance 121782, is amended as follows:

23.54.020 Parking quantity exceptions.

The parking quantity exceptions set forth in this section shall apply in all zones except downtown zones, which are regulated by Section 23.49.016, and Major Institution Overlay Districts zones, which are regulated by Section 23.54.016.

A. Adding Units to Existing Structures in Multifamily and Commercial Zones.

1. For the purposes of this section, "existing structures" means shall be those structures that which were established under permit, or for which a permit has been granted and has not expired as of the effective date of the applicable chapter of this Land Use Code, as follows:

a. In multifamily zones, August 10, 1982;

b. In commercial zones, June 9, 1986.

2. If an existing residential structure in a multifamily or commercial zone has parking whichthat meets the development standards, and the lot area is not increased, one (1) unit may be added without additional parking. If two (2) units are added, one (1) space will be required; three (3) units will require two (2) spaces, etc. Additional parking must meet all development standards for the particular zone.

3. In a Lowrise Duplex/Triplex zone:

a. When an existing residential structure provides less than one (1) parking space per unit, one (1) parking space is shall be required for each additional dwelling unit when dwelling units are added to the structure or the structure is altered to create additional dwelling units;

b. When an existing nonresidential structure is partially or completely converted to residential use, then no parking space shall be required for the first new dwelling unit, provided that the lot area is not increased and existing parking is screened and landscaped to the greatest extent practical. Additional parking provided shall meet all development standards for the Lowrise Duplex/Triplex zone.

4. If an existing structure does not conform to the development standards for parking, or is occupied by a nonconforming use, when:

-Dwelling units are added to the structure;

-The structure is altered to create additional dwelling units; or

-The structure is completely converted to residential use, then no parking space need be provided for the first new or added dwelling unit, provided that the lot area is not increased and existing parking is screened and landscaped to the greatest extent practical. Additional parking provided shall meet all development standards for the particular zone. This exception shall not apply in Lowrise Duplex/Triplex zones.

4. If an existing structure does not conform to the development standards for parking, or is occupied by a nonconforming

use, no parking space is required for the first new or added dwelling unit, provided:

a. The lot area is not increased and existing parking is screened and landscaped to the greatest extent practical.

b. Additional parking provided shall meet all development standards for the particular zone.

c. This exception shall not apply in Lowrise Duplex/Triplex zones.

B. Tandem Parking.

1. Off-street parking required for multifamily structures may be provided as tandem parking. A tandem parking space is shall equal to one and one-half (1 1/2) parking spaces and shall meet the minimum size requirements of subsection A of Section 23.54.030. A dwelling unit's required parking space may not be blocked by the required parking space of another dwelling unit.

2. A minimum of one (1) parking space per multifamily dwelling unit is required, whether provided as a regular space or as a tandem space.

C. Parking Exception for Landmark Structures. The Director may reduce or waive the minimum accessory off-street parking requirements for a use permitted in a Landmark structure, or when a Landmark

structure is completely converted to residential use according to Sections 23.42.108 or 23.45.006, or for a use in a Landmark district which is located in a commercial zone, as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

1. In making any such reduction or waiver, the Director will shall assess area parking needs. The Director may require a survey of onand offstreet parking availability. The Director may take into account the level of transit service in the immediate area; the probably relative importance of walk-in traffic; proposals by the applicant to encourage carpooling or transit use by employees; hours of operation; and any other factor or factors considered relevant in determining parking impact.

2. The Director may also consider the types and scale of uses proposed or practical in the Landmark structure, and the controls imposed by the Landmark designation.

3. For conversion of structures to residential use, the Director must shall also determine that there is no feasible way to meet parking requirements on the lot.

D. Expansion of Existing Nonresidential Uses in Commercial Zones and in the Seattle Mixed (SM) Zone. In commercial zones and within the Seattle Mixed (SM) zone additional parking spaces for nonresidential uses are shall not be required for the expansion of existing structures if the minimum parking requirement would not be increased by more than ten (10) percent. If the minimum parking requirement would be increased by more than ten (10) percent, the parking spaces required for the entire expansion shall be provided. This exception provision may be used only once for any individual structure.

E. Reductions to required parking in pedestrian-designated commercial zones are shall be permitted according to the provisions of Section 23.54.015 Chart D23.47.044. Further reductions to required parking for nonresidential use in the Seattle Mixed (SM) zone shall be permitted according to the provisions of Section 23.48.032 E.

F. Reductions to Minimum Parking Requirements for Nonresidential Uses.

1. Reductions to minimum parking requirements permitted by this subsection will shall be calculated from the minimum parking requirements in Section 23.54.015. Total reductions to required parking as provided in this subsection shall not exceed forty (40) percent.

2. Transit Reduction.

a. In commercial zones, except pedestrian-

designated zones, and in the Seattle Mixed (SM) zone, except on Class 1 Pedestrian Streets, the minimum parking requirement for a nonresidential use, except institutions, may be reduced by twenty (20) percent when the use is located within eight hundred (800) feet of a street with midday transit service headways of fifteen (15) minutes or less in each direction. This distance will shall be the walking distance measured from the nearest bus stop to the property line of the lot containing the use.

b. In industrial zones, the minimum parking requirement for a nonresidential use may be reduced by fifteen (15) percent when the use is located within eight hundred (800) feet of a street with peak transit service headways of fifteen (15) minutes or less in each direction. This distance will shall be the walking distance measured from the nearest bus stop to the property line of the lot containing the use.

3. Substitution of Alternative Transportation. For new or expanding administrative offices or manufacturing uses which require forty (40) or more parking spaces, the minimum parking requirement may be reduced up to a maximum of forty (40) percent by the substitution of alternative transportation programs, according to the following provisions:

a. For every certified carpool space accompanied by a cash fee, performance bond or alternative guarantee acceptable to the Director, the total parking requirement will shall be reduced by one and nine-tenths (1 2/10)(1 9/10) spaces, up to a maximum of forty (40) percent of the parking requirement. The Director will shall consult with the Seattle Rideshare Office in certifying carpool spaces and the location of carpool parking.

b. For every certified vanpool purchased or leased by the applicant for employee use, or equivalent cash fee for purchase of a van by the public ridesharing agency, the total parking requirement will shall be reduced by six (6) spaces, up to a maximum of twenty (20) percent of the parking requirement. Before a certificate of occupancy may be issued, details of the vanpool program shall be specified spelled out in a Memorandum of Agreement executed between the proponent, the Director, and the Seattle Rideshare Office.

c. If transit or transportation passes are provided with a fifty (50) percent or greater cost reduction to all employees in a proposed structure for the duration of the business establishment(s) within it, or five (5) years, whichever is less, and if transit service is located within eight hundred (800) feet, the parking requirement shall be reduced by ten (10) percent. With a twenty-five (25) percent to forty-nine (49) percent cost reduction, and if transit service is located within eight hundred (800) feet, the parking requirement shall be reduced by five (5) percent.

d. For every four (4) covered bicycle parking spaces provided, the total parking requirement shall be reduced by one (1) space, up to a maximum of five (5) percent of the parking requirement, provided that there is access to an arterial over improved streets.

G. Shared Parking.

1. Shared Parking, General Provisions.

a. Shared parking is shall be allowed between two (2) or more uses to satisfy all or a portion of the minimum off-street parking requirement of those uses as provided in subsections G2 and G3.

b. Shared parking is shall be allowed between different categories of uses or between uses with different hours of operation, but not both.

c. A use for which an application is being made for shared parking must shall be located within eight hundred (800) feet of the parking.

d. No reduction to the parking requirement may shall be made if the proposed uses have already received a reduction through the provisions for cooperative parking, subsection H.

e. The reductions to parking permitted through shared use of parking shall be determined as a percentage of the minimum parking requirement as modified by the reductions permitted in subsections A though F.

f. An agreement providing for the shared use of parking, executed by the parties involved, shall be filed with the

Director. Shared parking privileges shall continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, then parking must shall be provided as otherwise required by this chapter.

2. Shared Parking for Different Categories of Uses.

a. A business establishment may share parking according to only one (1) of the following subsections G2b, G2c or G2d.

b. If an office use and a retail sales and service use share parking, the parking requirement for the retail sales and service use may be reduced by twenty (20) percent, provided that the reduction will shall not exceed the minimum parking requirement for the office use.

c. If a residential use shares parking with a retail sales and service use other than lodging uses, eating and drinking establishments or entertainment uses, the parking requirement for the residential use may be reduced by thirty (30) percent, provided that the reduction does not exceed the minimum parking requirement for the retail sales and service use.

d. If an office and a residential use share offstreet parking, the parking requirement for the residential use may be reduced by fifty (50) percent, provided that the reduction does shall not exceed the minimum parking requirement for the office use.

3. Shared Parking for Uses With Different Hours of

Operation.

a. For the purposes of this section, the following uses will shall be considered daytime uses:

(1) Commercial usesCustomer service and administrative offices;

(2) Retail sales and services, except eating and drinking establishments, lodging uses, and entertainment uses;

(3) Wholesale, s(2) Storage and distribution uses;

(4)(3) Manufacturing uses; and

(5)(4) Other similar primarily daytime uses, when authorized by the Director.

b. For the purposes of this section, the following uses will shall be considered nighttime or Sunday uses:

(1) Auditoriums accessory to public or private schools;

(2) Religious facilities;

(3) Entertainment uses, such as theaters, bowling alleys, and dance halls;

(4) Eating and drinking establishments; and

(5) Other similar primarily nighttime or Sunday uses, when authorized by the Director.

c. Up to ninety (90) percent of the parking required for a daytime use may be supplied by the off-street parking provided by a nighttime or Sunday use and vice-versa, when authorized by the Director, except that this may be increased to one hundred (100) percent when the nighttime or Sunday use is a religious facility.

d. The applicant shall show that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed.

e. The establishment of park-and-pool lots is shall be permitted, provided that the park-and-pool lot will shall not use spaces required by another use if there is a substantial conflict in the principal operating hours of the park-and-pool lot and the use.

H. Cooperative Parking.

1. Cooperative parking is shall be permitted between two (2) or more business establishments that which

are commercial uses according to the provisions of this subsection.

2. Up to a twenty (20) percent reduction in the total number of required parking spaces for four (4) or more separate business establishments, fifteen (15) percent reduction for three (3) business establishments, and ten (10) percent reduction for two (2) commercial uses may be authorized by the Director under the following conditions:

a. No reductions to the parking requirement may

shall be made if the proposed business establishments have already received a reduction through the provisions for shared parking, subsection G of this section.

b. The business establishments for which the application is being made for cooperative parking is shall be located within eight hundred (800) feet of the parking, and the parking is shall be located in a commercial or residential-commercial zone or the Seattle Mixed (SM) zone.

c. The reductions to parking permitted through cooperative parking will shall be determined as a percentage of the minimum parking requirement as modified by the reductions permitted in subsections A through F of this section.

d. An agreement providing for the cooperative use of parking shall be filed with the Director when the facility or area is established as cooperative parking. Cooperative parking privileges will shall continue in effect only as long as the agreement to use the cooperative parking remains in force. If the agreement is no longer in force, then parking shall be provided as otherwise required by this chapter. New business establishments seeking to meet parking requirements by becoming part of an existing cooperative arrangement shall provide the Director with an amendment to the agreement stating their inclusion in the cooperative parking facility or area.

I. Reductions to Minimum Parking Requirements for Department of Parks and Recreation (DOPAR) Community Centers.

1. When family support centers are located within DOPAR

community centers, the Director may, upon request by DOPAR, lower the combined parking requirement for the community center and the family support center by up to a maximum of fifteen (15) percent.

2. The parking requirement may be reduced only if the reduction is supported by a recommendation of the Project Advisory Committee formed to review the DOPAR community center, and the Director determines and makes written findings that:

a. The lower parking requirement is necessary to preserve existing natural features or recreational facilities deemed significant by DOPAR and the Project Advisory Committee formed to review the DOPAR community center, and the reduction is the minimum necessary to preserve such features and/or facilities; and

b. The surrounding streets can accommodate

overflow parking from the combined community center and family support center or, alternatively, any adverse parking impacts on the neighborhood from the combined community center and family support center will be mitigated.

J. Parking for City-recognized Car-sharing Programs. One (1) space or up to five (5) percent of the total number of spaces, whichever is greater, may be used to provide parking for vehicles operated by a City-recognized car-sharing program. The number of required accessory parking spaces will be reduced by one (1) space for every parking space leased by a City-recognized car-sharing program.

Section 46. Subsection F of Section 23.54.030 of the Seattle Municipal Code which section was last amended by Ordinance 121782, is amended as follows:

23.54.030 Parking space standards.

On lots subject to this Code, all parking spaces provided shall meet the following standards whether or not the spaces are required by this Code:

* * *

F. Curbcuts. Curbcut requirements shall be determined by whether the parking served by the curbcut is for residential or nonresidential use, and by the zone in which the use is located. When a curbcut is used for more than one (1) use or for one (1) or more live-work units, the requirements for the use with the largest curbcut requirements shall apply.

1. Residential Uses in Single-family and Multi-family Zones and residential use along street-level, street-facing facades that exceeds 20% of the width of a facade Single-purpose Residential Uses in All Other Zones.

a. For lots not located on a principal arterial as designated on Exhibit 23.53.015 A, the number of curbcuts permitted shall be according to the following chart:

Street or Easement Number of Curbcuts Frontage of the Lot Permitted

0 - 80 feet 1

81 - 160 feet 2

161 - 240 feet 3

241 - 320 feet 4

For lots with frontage in excess of three hundred twenty (320) feet, the pattern established in the chart shall be continued.

b. Curbcuts shall not exceed a maximum width of ten (10) feet except that:

(1) One (1) curbcut greater than ten (10) feet but in no case greater than twenty (20) feet in width may be substituted for each two (2) curbcuts permitted by subsection F1a; and

(2) A greater width may be specifically permitted by the development standards in a zone; and

(3) When subsection D of Section 23.54.030 requires a driveway greater than ten (10) feet in width, the curbcut may be as wide as the required width of the driveway.

c. For lots on principal arterials designated on Exhibit 23.53.015 A, curbcuts of a maximum width of twenty-three (23) feet shall be permitted according to the following chart.

Street Frontage Number of Of the Lot Curbcuts Permitted

0 - 160 feet 1

161 - 320 feet 2

321 - 480 feet 3

For lots with street frontage in excess of four hundred eighty (480) feet, the pattern established in the chart shall be continued.

d. There shall be at least thirty (30) feet between any two (2) curbcuts located on a lot.

e. A curbcut may be less than the maximum width permitted but shall be at least as wide as the minimum required width of the driveway it serves.

f. Where two (2) adjoining lots share a common driveway according to the provisions of Section 23.54.030 D1, the combined frontage of the two (2) lots shall be considered one (1) in determining the maximum number of permitted curbcuts.

2. Nonresidential Uses in Single-family and Multifamily Zones, and All Uses, Eexcept residential use along street-level, street-facing facades that exceeds 20% of the width of a facade Single-purpose Residential Uses, in All Other Zones Except Industrial Zones.

a. Number of Curbcuts.

(1) In RC, NC1, NC2 and NC3 zones and within Major Institution Overlay Districts, the number of two-way curbcuts permitted shall be according to the following chart:

Street Frontage Number of Curbcuts of the Lot Permitted

0 - 80 feet 1

81 - 240 feet 2

241 - 360 feet 3

361 - 480 feet 4

For lots with frontage in excess of four hundred eighty (480) feet the pattern established in the chart shall be continued. The Director may allow two (2) one-way curbcuts to be substituted for one (1) two-way curbcut, after determining that there would not be a significant conflict with pedestrian traffic.

(2) In C1 and C2 zones and the SM zone, the Director shall review and make a recommendation on the number and location of curbcuts.

(3) In downtown zones, a maximum of two (2) curbcuts for one (1) way traffic at least forty (40) feet apart, or one (1) curbcut for two (2) way traffic, shall be permitted on each street front where access is permitted by Section 23.49.018. No curbcut shall be located within forty (40) feet of an intersection. These standards may be modified by the Director on lots with steep slopes or other special conditions, the minimum necessary to provide vehicular and pedestrian safety and facilitate a smooth flow of traffic.

(4) For public schools, the minimum number of curbcuts determined necessary by the Director shall be permitted.

b. Curbcut Widths.

(1) For one (1) way traffic, the minimum width of curbcuts shall be twelve (12) feet, and the maximum width shall be fifteen (15) feet.

(2) For two (2) way traffic, the minimum width of curbcuts shall be twenty-two (22) feet, and the maximum width shall be twenty-five (25) feet, except that the maximum width may be increased to thirty (30) feet when truck and auto access are combined.

(3) For public schools, the maximum width of curbcuts shall be twenty-five (25) feet. Development standards departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79.

(4) When one (1) of the following conditions applies, the Director may require a curbcut of up to thirty (30) feet in width, if it is found that a wider curbcut is necessary for safe access:

i. The abutting street has a single lane on the side that abuts the lot; or

ii. The curb lane abutting the lot is less than eleven (11) feet wide; or

iii. The proposed development is located on an arterial with an average daily traffic volume of over seven thousand (7,000) vehicles; or

iv. Off-street loading space is required according to subsection HG of Section 23.54.015.

c. The entrances to all garages accessory to nonresidential uses or live-work units and the entrances to all principal use parking garages shall be at least six (6) feet nine (9) inches high.

3. All Uses in Industrial Zones.

a. Number and Location of Curbcuts. The number and location of curbcuts shall be determined by the Director.

b. Curbcut Width. Curbcut width in Industrial zones shall be provided as follows:

(1) When the curbcut provides access to a parking area or structure it shall be a minimum of fifteen (15) feet wide and a maximum of thirty (30) feet wide.

(2) When the curbcut provides access to a loading berth, the maximum width of thirty (30) feet set in subsection F3b(1) may be increased to fifty (50) feet.

(3) Within the minimum and maximum widths established by this subsection, the Director shall determine the size of the curbcuts.

4. Curbcuts for Access Easements.

a. When a lot is crossed by an access easement serving other lots, the curbcut serving the easement may be as wide as the easement roadway.

b. The curbcut serving an access easement shall not be counted against the number or amount of curbcut permitted to a lot if the lot is not itself served by the easement.

5. Curbcut Flare. A flare with a maximum width of two and one-half (2 1/2) feet shall be permitted on either side of curbcuts in any zone.

6. Replacement of Unused Curbcuts. When a curbcut is no longer needed to provide access to a lot, the curb and any planting strip shall be replaced.

* * *

Section 47. Subsection H of Section 23.57.008 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended as follows:

23.57.008 Development standards.

* * *

H. Equipment shelters and other accessory structures shall comply with the development standards of this section whether or not physical expansion, as defined in Section 23.84A.006, is proposed.

Section 48. Section 23.61.008 of the Seattle Municipal Code, which Section was last amended by ordinance 121245, is amended as follows:

23.61.008 Prohibited Uses.

The following uses are prohibited within an underlying commercial zone as both principal and accessory uses, except as otherwise noted:

A. Drive-in businesses;

B. Dry boat storage of boats;

C. General manufacturing;

D. Heavy commercial services, except laundry facilities existing as of April 1, 2001;

E. Sales and rental of large boats;

F. Vessel repair (major or minor);

G. Mini-warehouse;

H. Principal use, nonresidential long-term parking;

I. Outdoor storage;

J. Heavy commercial sales;Sale of heating fuel;

K. Sales and rental of motorized vehicles, except within an enclosed structure;

L. Sales, service and rental of commercial equipment and construction materials; Solid waste management;

M. Salvage and rRecycling uses;;

N. Towing services;

O. Principal use vehicle repair (major or minor);

P. Wholesale showroom; and

Q. Warehouse.

Section 49. Section 23.61.010 of the Seattle Municipal Code, which Section was last amended by Ordinance 120452, is repealed.

Section 50. Section 23.61.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 120452, is amended as follows.

23.61.012 Structures with residential use along streetlevel, street-facing facades that exceeds 20% of the width of a facade.Single-purpose residential development.

A. Structures with residential use along street-level, street-facing facades that exceeds 20% of the width of a facade Single-purpose residential structures located in a commercial zone are permitted outright, unless the structure is located on a lot in a pedestrian-designated zone, in which case they are prohibited or in the Pike Pine Overlay district where the provisions of that chapter apply.

B. The density limits of Section 23.47A.017 09 do not apply to single-purpose residential structures in the Station Area Overlay District.

Section 51. Section 23.61.014 of the Seattle Municipal Code, which Section was last amended by ordinance 120452, is amended as follows:

23.61.014 Nonconforming uses.

A. The provisions of this section chapter apply to the following station areas:

1. Henderson;

2. Othello;

3. Edmunds; and

4. McClellan.

B. The provisions of this section chapter apply to the following nonconforming uses:

1. Gas stations;Automotive retail sales and services;

2. General manufacturing;

3. Heavy commercial services; and

4. Mini-warehouse and warehouses.; and

5. Vehicle repair, (minor).

C. The standards for nonconforming uses of the underlying zone and any overlay districts apply, except that uses listed in subsection B 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.

Section 52. Subsection A of Section 23.66.122 of the Seattle Municipal Code, which Section was last amended by ordinance 120928, is amended as follows:

23.66.122 Prohibited uses.

A. The following uses are prohibited in the entire Pioneer Square Preservation District as both principal and accessory uses:

Retail ice dispensaries;

Plant nurseries;

Frozen food lockers;

Animal servicesshelters and kennels;

Veterinary offices;

Pet grooming;

Automotive retail sales and service, except gas stations located in parking garages;

Marine retail sales and service;

Heavy commercial services;

Heavy commercial sales;

Fuel sales;

Sales, service and rental of commercial equipment and construction materials;

Adult motion picture theaters;

Adult panorams;

Bowling alleys;

Skating rinks;

Major communication utilities;

Advertising signs and off-premises directional signs;

Transportation facilities, except passenger terminals, rail transit facilities and parking garages;

Outdoor storage;

Jails;

Work-release centers;

General and heavy manufacturing uses;

Salvage and recycling uses, except recycling collection stations;

Solid waste management;

Recycling uses; and

High impact uses.

* * *

Section 53. Subsections B, C and E of Section 23.66.130 of the Seattle Municipal Code, which Section was last amended by ordinance 120611, is amended as follows:

23.66.130 Street-level uses.

* * *

B. Preferred Street-level Uses.

1. Preferred uses at street level shall be highly visible and pedestrian oriented. Preferred street-level uses either display merchandise in a manner that contributes to the character and activity of the area, and/or promote residential uses, including but not limited to the following uses:

a. Any of the following uses under 3,000 square feet in size: Aart galleries and other general sales and service uses, restaurants and other eating and drinking establishment uses and other retail sales and service lodging usesunder three thousand (3,000) square feet in size;

b. Theaters.

2. Accessory parking garages which serve preferred street-level uses on streets or malls, parks or alleys designed for pedestrian uses shall also be preferred.

C. Discouraged Street-level Uses.

1. The following uses are discouraged at street-level in the area designated on Map B:1

a. Any use occupying more than fifty (50) percent of any block frontage;

b. RetailGeneral sales and services , eating and drinking establishment uses and lodging uses over three thousand (3,000) square feet and all other uses over ten thousand (10,000) square feet;

c. Professional services establishments or offices which comprise more than twenty (20) percent of any block frontage;

d. Parking garages which are not accessory to preferred uses.

2. Discouraged uses may be approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board if an applicant demonstrates that the proposed use is compatible with uses preferred at street level.

* * *

E. The following uses shall be prohibited at street-level in the area designated on Map B:1

Wholesaling, storage and distribution uses;

Vocational and fine arts schools;

Research and development laboratories;

Radio and television studios;

Taxidermy shops;

Appliance repair shops;

Upholstery establishments;

Other similar uses.

* * *

Section 54. Subsection A of Section 23.66.322 of the Seattle Municipal Code, which Section was last amended by ordinance 120928, is amended as follows:

23.66.322 Prohibited uses.

A. The following uses shall be prohibited as both principal and accessory uses in the entire International Special Review District:

Adult motion picture theaters;

Adult panorams;

All general and heavy manufacturing uses;

All high-impact uses;

Solid waste management;

Recycling usesAll salvage and recycling uses, except recycling collection stations;

Automotive retailsales and service;

Bowling lanes;

Major communication utilities;

Sales, service and rental of commercial equipment and construction materials;Heavy commercial sales;

Drive-in businesses;

Frozen food lockers;

Heavy commercial services;

Marine retailsales and services;

Medical testing laboratories;

Mortuary services;

Motels;

Outdoor storage;

Plant nurseries;

Retail ice dispensaries;

Shooting galleries;

Skating rinks;

Mobile home parks;

Transportation facilities except passenger terminals; rail transit facilities and parking and moorage uses;

Animal services shelters and kennels;

Veterinary offices;

Pet grooming;

Jails;

Work-release centers.

* * *

Section 55. Subsections B, C and E of Section 23.66.326 of the Seattle Municipal Code, which Section was last amended by ordinance 116744, is amended as follows:

23.66.326 Street-level uses.

* * *

B. Preference shall be given to pedestrian-oriented retail shopping and service businesses uses that are highly visible or prominently display merchandise in a manner that contributes color and activity to the streetscape, including but not limited to:

Apparel shops;

Bakeries;

Banks;

Barbecue shops;

Bookstores;

Coffee shops;

Floral shops;

Groceries;

Museums;

Oriental crafts shops;

Personal services such as beauty shops and barbershops;

Restaurants;

Sidewalk cafes;

Travel agencies;

Variety stores.

C. The Board may, following a special review of potential impacts, including, but not limited to traffic, parking noise and the scale and character of the pedestrian environment, recommend to the Department of Neighborhoods Director that the following uses at street level be approved when the impacts of such uses are not significantly adverse:

Appliance repair shops;

ExperimentalResearch and development laboratories;

Radio and television studios;

Residential uses;

Taxidermy shops;

Upholstery establishments;

Vocational or fine arts schools;

Warehouses or wholesale showrooms, especially when including storage of jewelry, optical or photographic goods, pharmaceuticals, cosmetics, and other similar high-value, low-bulk articles.

The Board may recommend, and the Director may impose, conditions to mitigate the impacts of approved uses.

* * *

E. Nonpedestrian-oriented uses and businesses which are not typically visible from the sidewalk shall not exceed twenty-five (25) feet of street frontage per use when located within the interior portion of a block, or one hundred forty-five (145) feet of street frontage per use when located on a corner. Examples of nonpedestrian-oriented uses include but are not limited to:

Community clubs and centers;

Family associations;

Human service uses;

Nonprofit community service organizations;

Places of public assemblyTheaters and spectator sports facilities.

Section 56. Section 23.67.050 of the Seattle Municipal Code, which Section was last amended by ordinance 116145, is amended as follows:

23.67.050 Use restrictions-Prohibited uses.

A. Whether a use is permitted outright, or as a conditional use, or whether a use is prohibited shall be governed by the provisions of the underlying zone; provided that in addition to uses prohibited by the underlying zone, the following principal uses shall be prohibited throughout the Southeast Seattle Reinvestment Area:

1. Outdoor storage (accessory outdoor storage permitted);

2. Animal controlshelters and kennels;

3. Helistops;

4. Heliports;

5. Adult motion picture theaters;

6. Adult panorams;

7. Salvage yards;

8. Recycling uses centers;

9. Work release centers;

10. Construction services;

11. Towing services.

Section 57. Subsection B of Section 23.69.024 of the Seattle Municipal Code, which section was last amended by Ordinance 120691, is amended as follows:

23.69.024 Major Institution designation.

* * *

B. New Major Institutions.

1. When a medical or educational institution makes application for new development, or when a medical or educational institution applies for designation as a Major Institution, the Director shall determine whether the institution meets, or would meet upon completion of the proposed development, the definition of a Major Institution in Section 23.84A.025. Measurement of an institution's site or gross floor area in order to determine whether it meets minimum standards for Major Institution designation shall be according to the provisions of Section 23.86.036.

2. If the Director determines that Major Institution designation is required, the Director shall not issue any permit that would result in an increase in area of Major Institution uses until the institution is designated a Major Institution, a Major Institution Overlay District is established, and a master plan is prepared according to the provisions of Part 2, Major Institution Master Plan.

3. The Director's determination that an application for a Major Institution designation is required shall be made in the form of an interpretation and shall be subject to the procedures of Section 23.88.020.

4. The procedures for designation of a Major Institution shall be as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. The Council shall grant or deny the request for Major Institution designation by resolution.

5. When the Council designates a new Major Institution, a Major Institution Overlay District shall be established by ordinance according to the procedures for amendments to the Official Land Use Map (rezones) in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

6. A new Major Institution Overlay District shall not be established and a Major Institution Overlay District Boundary shall not be expanded in Single-family or Industrial zones.

7. Boundaries of a Major Institution Overlay District and maximum height limits shall be established or amended in accordance with the rezone criteria contained in Section 23.34.124, and the purpose and intent of this chapter as described in Section 23.69.006, except that acquisition, merger or consolidation involving two (2) Major Institutions shall be governed by the provisions of Section 23.69.023.

* * *

Section 58. Subsection B of Section 23.71.008 of the Seattle Municipal Code, which Section was last amended by ordinance 121362, is amended as follows:

23.71.008 Development along major pedestrian streets.

* * *

B. Standards for Required Street-level Uses.

1. A minimum of sixty (60) percent of a commercially zoned lot's frontage on a major pedestrian street shall be occupied by one or more of the following uses, provided that drive-in businesses and outdoor storage are prohibited:

a. Personal and household retail sales and service useGeneral sales and services;

b. Major durables retail sales;

bc. Eating and drinking establishments;

c. Customer service offices;

d. Entertainment uses;

e. Lodging uses;

f. Public libraries;

g. Parks and open space.

If a portion of the major pedestrian street frontage is required for access to on-site parking due to limited lot dimension, the Director may permit less than sixty (60) percent of the frontage to be occupied by such uses.

2. A minimum of eighty (80) percent of each structure fronting on a major pedestrian street shall be occupied at streetlevel by one or more of the uses listed in subsection B1 of this section or a building lobby permitting access to uses above or behind street-front uses. In no case shall pedestrian access to uses above or behind required street-front uses exceed twenty (20) percent of the structure's major pedestrian street front. The remaining twenty (20) percent of the structure's street frontage may contain other permitted uses or pedestrian entrances (Exhibit 23.71.008 A).

3. Street-level uses shall occupy a minimum of the first ten (10) feet above sidewalk grade.

4. All required street-level uses along major pedestrian streets shall be set back no more than ten (10) feet from the street property line, except as necessary to provide open space as defined in Section 23.71.014 C or for bedrooms in a lodging structure, which may be set back a maximum of fifteen (15) feet. The owner shall design the area subject to this setback to include special pavers, as an extension of the sidewalk or with landscaping.

5. The principal entrances to required street-level uses on major pedestrian streets shall have direct access to the sidewalk and be within three (3) feet of the sidewalk grade elevation.

6. Personal and household retailGeneral sales and service uses and major durables retail sales uses greater than thirty thousand (30,000) square feet may locate a principal pedestrian entrance on a facade oriented to a parking area or the major pedestrian street. Where a principal pedestrian entrance is oriented to a parking area, an additional pedestrian entrance shall be located along the major pedestrian street. In lieu of the additional entrance, the owner may provide a ten (10) foot wide, landscaped pedestrian walkway from the major pedestrian street to the principal pedestrian entrance, provided that the walkway does not go through other businesses or parking areas.

Section 59. Subsection A of Section 23.71.016 of the Seattle Municipal Code which section was last amended by Ordinance 117432, is amended as follows:

23.71.016 Parking and access.

A. Required Parking.

1. Off-street parking requirements are prescribed in Chapter 23.54, except as modified by this chapter. Minimum and maximum parking requirements for specified uses in the Northgate Overlay District are identified in Table 23.71.016 A.

Table 23.71.016 A Minimum and Maximum Parking Requirements

LONG TERM SHORT TERM

Minimum Maximum Minimum

Office, Administrative 0.9/1000 2.6/1000 0.2/1000

General sales and 1.0/1000 2.4/1000 1.6/1000 service (Customer service office)((Office, Customer Service))

((Commercial Retail Sales & Service)) General sales and 0.93/1000 2.4/1000 2.0/1000 service (other) and Major durables retail

sales and services

Motion Picture N/A N/A Min: 1/8 seats Max: 1/4 seats

2. Parking waivers as provided under Section 23.54.015 DK shall apply in the Northgate Overlay District, except that no waiver of parking may be granted to medical service uses.

3. Parking may exceed the maximums when provided in a structure, pursuant to a joint use parking agreement with the Metro Transit Center, if the spaces are needed only to meet evening and weekend demand or as overflow on less than ten percent (10%) of the weekdays in a year, and will otherwise be available for daytime use by the general public.

4. Short-term parking for motion picture theatres may be increased by ten percent (10%) beyond the maximum requirement, if

these additional spaces are not provided as surface parking, will not adversely impact pedestrian circulation and will reduce the potential for overflow parking impacts on surrounding streets.

* * *

Section 60. Section 23.71.038 of the Seattle Municipal Code, which Section was last amended by Ordinance 121828, is amended as follows:

23.71.038 Standards for mixed use development in commercial zones within the Northgate Overlay District.

Residential and nonresidential uses or live-work units in a mixed use development in a commercial zone shall meet the requirements of Section 34.47A.004D, Section 23.47A.008 B, and 23.47A.012 to qualify as a mixed use development.

Section 61. Section 23.71.044 of the Seattle Municipal Code, which Section was last amended by Ordinance 121362, is amended as follows:

23.71.044 Standards for single-purpose residential development Standards for structures in which residential use along streetlevel, street-facing facades that exceeds 20% of the width of a facade in Commercial zones within the Northgate Overlay District.

A. Structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade Single-purpose residential structures are subject to the conditional use requirements of Section 23.47A.006 B and following development standards within the Northgate Overlay District:

1. In all Commercial zones with a height limit of thirty (30) feet, single-purpose residential structures structures in which residential use along street-level, street-facing facades that exceeds 20% of the width of a facade shall meet the development standards for residential structures in Lowrise 3 zones, except that no front setback is required.

2. In all Commercial zones with a height limit of forty (40) feet, single-purpose residential structures structures in which residential use along street-level, street-facing facades that exceeds 20% of the width of a facade shall meet the development standards for residential structures in Lowrise 4 zones, except that no front setback is required.

3. In all Commercial zones with a height limit of sixtyfive (65) feet, single-purpose residential structures s tructures in which residential use along street-level, street-facing facades that exceeds 20% of the width of a facade shall meet the development standards for residential structures in Midrise zones, except that no front setback is required.

B. Single-purpose residential structures in which residential use along street-level, street-facing facades that exceeds 20% of the width of a facade are prohibited in all commercial zones with a height limit of eighty-five (85) feet or greater.

Section 62. Section 23.72.008 of the Seattle Municipal Code, which Section was last amended by ordinance 121145, is amended as follows:

23.72.008 Uses permitted in specified areas within the Sand Point Overlay District.

A. Uses Permitted Within Subarea B as Depicted on Map A Zones Single-family.

1. Principal Uses Permitted Outright. In addition to the uses permitted by the provisions of Section 23.44.006, the following principal uses are permitted outright in structures existing as of the effective date of this chapter.1

a. Custom and craft work and accessory retail sales and services;

b. Institutions, except hospital;

c. Lecture and meeting halls;

d. Motion picture studio;

e. ParticipantIndoor and Outdoor sports and recreation;

f. Police training facility;

g. Research and development laboratories;

h. Storage of fleet vehicles and accessory service and repair; and

i. Warehouse.

2. When not in use as a motion picture studio, a structure may be used for participant sports and recreation.

3. Within Subarea A, Park Area depicted on Map A, area not occupied by existing structures, existing paved parking areas or rights-of-way shall be limited to open space uses, such as parks and playgrounds.

B. Uses Permitted Within Subarea B as Depicted on Map A Zoned Lowrise 3, Principal Uses Permitted Outright. In addition to the uses permitted outright in accordance with Section 23.45.006, the following principal uses are permitted outright within structures existing as of the effective date of this chapter:1

1. Food processingfor human consumption;

2. Horticultureal use;

3. Institutions, except hospital;

4. Lecture and meeting halls;

5. Medical service uses;

6. Office; and

7. Restaurants.

Section 63. Subsections B, C and D of Section 23.73.008 of the Seattle Municipal Code, which section was last amended by Ordinance

121476, is amended as follows:

23.73.008 Uses.

* * *

B. Required Uses at Street Level.

1. Commercial use is required at street level for all structures fronting A minimum of eighty (80) percent of a structure's street-level facade facing the following streets must be occupied by nonresidential uses on the following streets:

East Pike Street;

East Pine Street;

East Union Street, east of Broadway; and

2. The remaining twenty (20) percent of the street frontage may contain other permitted uses and/or pedestrian entrances.

3. Mixed use structures must meet the standards prescribed by Section 23.47A.008B, 23.47A.009, and 23.47A.012.

C. Structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade. Single-purpose Residential Structures.

1. Structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade Single-purpose residential structures are permitted outright where commercial use is not required by subsection B, above, or as provided for in Section 23.47.023 B.

2. A density of one (1) unit per four hundred (400) square feet of lot area is permitted except that density shall be unlimited in areas where structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a facade single-purpose residential is permitted outright as per Section 23.73.008 C1, subject to the following:

a. Structures in which residential use along street-level, street-facing facades exceeds 20% of the width of a

facade Single-purpose residential structures are located in NC zones with a height limit of sixty-five (65) feet or more; and

b. At least forty (40) percent of all units are rented to households at rents not exceeding thirty (30) percent of sixty (60) percent of the median income for the Seattle-Everett Standard Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD).

c. Applicants shall demonstrate compliance with these income criteria for the life of the building.

D. Commercial Use Limit. All structures greater than thirty (30) feet in height are limited to no more than fifty (50) percent of the structure's gross floor area in nonresidential use. In no case shall nonresidential use exceed the total gross floor area of the first two (2) floors of the structure.

Section 64. Section 23.73.010 of the Seattle Municipal Code, which section was last amended by Ordinance 121196, is amended as follows:

23.73.010 Development standards.

A. Height Exception for Mixed Use Structures.

1. In zones with a sixty-five (65) foot height limit, the Director may permit the height of the structure to exceed the height limit of the zone by up to four (4) feet, only if the residential use and either the nonresidential use or the live-work units are located in the same structure and subject to the following:

a. The nonresidential use or live-work unit at street level requires a ceiling height that exceeds the minimum required ceiling height of thirteen (13) feet floor to ceiling to support business operations; and

b. The additional height will not permit an additional story to be built beyond what could be built under a sixty-five (65) foot height limit if a ceiling height of more than thirteen (13) feet floor to ceiling is not needed to support street level commercial uses.

B. Open Space.

1. Open space is not required for structures existing as of April 1, 2000, that are repaired, renovated or structurally altered to the extent permitted by the development standards of the Land Use Code, provided that street facing facades are retained and fifty (50) percent or more of the gross floor area is retained.

2. Open space is not required for new construction, when affordable housing is provided by a nonprofit organization that meets the following criteria:

a. At least forty (40) percent of the units are rented to households at rents not exceeding thirty (30) percent of sixty (60) percent of the median income, adjusted for household size, for the Seattle-Everett Standard Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD); and

b. Applicants shall demonstrate compliance with these income criteria for the life of the building.

3. Existing residential uses that meet the open space requirements of Section 23.47A.024, Open space standards, may eliminate the open space, provided they comply with the requirements of Section 23.73.010 B2.

C. Parking.

1. Required Parking. The minimum number of off-street parking spaces required for multifamily uses and live-work units is specified in Chart A of Section 23.54.015, Required parking.

2. Location of Parking. Parking for residential shall be provided on the same lot as the principal use. Parking for nonresidential uses and live-work units may be located on the lot or built into or under the structure or within eight hundred (800) feet of the lot on which the use is located. When parking is provided on a lot other than the lot of the use to which it is accessory, the provisions of Section 23.54.025, Parking covenants, shall apply.

Section 65. Section 23.74.008 of the Seattle Municipal Code, which Section was last amended by ordinance 119972, is amended as follows:

23.74.008 Uses.

Notwithstanding the use provisions of the underlying zone, the following use provisions apply:

A. The following uses are permitted outright:

1. Medical services;

2. Museums;

3. Community clubs and centers;

4. Private clubs; and

5. Religious facilities.; and

6. Community clubs.

B. The following uses are permitted in buildings existing on September 1, 1999:

1. Artist/Studio dwellings;

2. Major institutions.

C. The following uses are prohibited:

1. Heavy manufacturing uses;

2. High impact uses;

3. Solid waste management; Salvage and recycling facilities;

4. Recycling uses;Solid waste transfer stations;

5. Animal shelters and kennels services;

6. Veterinary offices;

7. Pet grooming;

8. Airports, land and water based;

7. Sewage treatment plants;

8. Solid waste incineration facilities;

9. Hospitals;

10. Elementary and secondary schools;

11. Drive-in businesses, except gas stations;

12. Transit vehicleBus bases;

13. Principal use parking1;

14. Lodging; and

15. Colleges2.; and

16. Universities2

1. Parking required for a spectator sports facility or exhibition hall is allowed and shall be permitted to be used for general parking purposes or shared with another such facility to meet its required parking. A spectator sports facility or exhibition hall within the Stadium Transition Overlay Area District may reserve nonrequired parking only outside the overlay district. Such reserved, nonrequired parking is allowed, shall be permitted to be used for general parking purposes, and is exempt from the maximum parking ratio, if:

(a) The parking is owned and operated by the owner of the spectator sports facility or exhibition hall; and

(b) The parking is reserved for events in the spectator sports facility or exhibition hall; and

(c) The reserved parking is south of South Royal Brougham Way, west of 6th Avenue, South and north of South Atlantic Street.

Parking that is provided to meet required parking will not be considered reserved parking.

2. Training facilities for industrial trades operated by colleges and universities are permitted.

Section 66. Section 23.76.026 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended as follows:

23.76.026 Vesting of development rights.

* * *

B. Subdivision and Short Subdivision Components of Master Use Permits. An application for approval of a subdivision or short

subdivision of land, as defined in Section 23.84A.036 "S," shall be considered under the Land Use Code and other land use control ordinances in effect when a fully complete Master Use Permit application for such approval which satisfies the requirements of Section 23.22.020 (subdivision) or Sections 23.24.020 and 23.24.030 (short subdivision) is submitted to the Director.

Section 67. A new Chapter 23.84A of the Seattle Municipal Code, is adopted to read as follows:

23.84A.002 "A."

"Abut" means to border upon.

"Access bridge" means a structure which is designed and necessary for pedestrian access from an alley, street or easement to a principal structure or accessory structure.

"Accessory parking." See "Parking, accessory."

"Accessory structure" means a structure which is incidental to the principal structure.

"Accessory use" means a use that is incidental to the principal use.

"Addition to existing public school structures" means any extension of an existing public school structure or rebuilding of an existing public school structure any portion of which remains intact. Building of an entirely new public school structure when part of an existing public school complex shall be considered an addition to an existing public school structure when the proposed new structure is on an existing public school site.

"Adjacent" means near but not necessarily touching.

"Administrative conditional use." See "Conditional use."

"Administrative office." See "Office."

"Adult care center" see "Institution."

"Adult family home" See "Residential use."

"Adult motion picture theater" see "Entertainment use."

"Adult panoram" see "Entertainment use."

"Advertising sign." See "Billboard."

"Affordable housing." See "Housing, affordable."

"Agricultural use" means a business establishment in which crops are raised or animals are reared or kept, but not including animal shelters and kennels. Agricultural uses include animal husbandry uses such as poultry farms and rabbitries, aquaculture uses such as fish farms and shellfish beds, and horticulture uses such as nurseries and orchards.

1. "Animal husbandry" means an agricultural use in which animals are reared or kept in order to sell the products they produce, such as meat, fur or eggs. Raising animals to sell as pets shall be considered an animal service use rather than animal husbandry.

2. "Aquaculture" means an agricultural use in which food fish, shellfish or other marine foods, aquatic plants, or animals are cultured or grown in fresh or salt waters.

3. "Horticulture" means an agricultural use in which plants are raised outdoors or in greenhouses for sale either as food or for use in landscaping. Examples include but are not limited to nurseries, flower raising, orchards, vineyards, and truck farms.

"Airport." See "Transportation facilities."

"Aisle" means a passageway for vehicles within a parking garage or area, other than a driveway.

"Alley" means a public right-of-way not designed for general travel and primarily used as a means of vehicular and pedestrian access to the rear of abutting properties. An alley may or may not be

named.

"Alley, existing" means any alley which is not a new alley.

"Alley, new" means an alley proposed to be created through the platting process.

"Animal health services" see "Medical services."

"Animal husbandry." See "Agricultural use."

"Animal shelters and Kennels." means a commercial use in which four (4) or more small animals are boarded or impounded. Accessory uses may include breeding animals for sale as pets and/or disposing of lost, stray, unwanted, dead or injured animals. A commercial use that provides care for four (4) or more animals and includes on-site outdoor exercise space shall also be considered an "Animal shelter and Kennel" use. A facility that boards or raises animals in order to sell the products they produce shall be considered an "Animal husbandry" use.

"Apartment" means a multi-family structure in which one (1) or more of the dwelling units is not ground-related.

"Appeal, open record." See "Hearing, open record."

"Application, fully complete, for preliminary plat approval of a subdivision," is defined as an application meeting the requirements of Section 23.22.020.

"Application, fully complete, for short plat approval" is defined as an application meeting the requirements of Sections 23.24.020 and 23.24.030.

"Aquaculture." See "Agricultural use."

"Arbor" means a landscape structure consisting of an open frame with horizontal and/or vertical latticework often used as a support for climbing plants. An arbor may be freestanding or attached to another structure.

"Areaway" means a space or court, either covered or uncovered, which affords room, access or light to a structure.

"Arterial." See "Street, arterial."

"Artist studio/dwelling." See "Residential."

"Assisted living facility." See "Residential."

"Atrium, public." See "Public atrium."

"Atrium, shopping." See "Shopping atrium."

"Automobile wrecking yard." See "Solid waste management, Salvage yard." under "Utility"

"Automotive parts and accessory sales." See "Retail sales and services, Automotive" under "Sales and services, Automotive"

"Automotive repair, major" see "Sales and services, Automotive"

"Automotive retail sales and service." See "Sales and services, Automotive."

"Avenue" means the following public rights-of-way when located in a downtown zone: Elliott, Western, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Terry, Boren, Minor and Yale Avenues and Occidental and Maynard Avenue South.

"Average daily outpatients" means a number equal to the annual number of outpatients divided by the number of days the hospital receiving them is open.

"Awning, fixed" means a protective covering of fixed, noncollapsible, rigid construction, attached to a structure, the upper surface of which has a pitch of at least thirty (30) degrees from the horizontal. See "Canopy."

23.84A.004 "B."

"Balcony." See "Deck" and "Ledge."

"Bay window" means a window feature comprising three (3) or more wall planes that projects beyond a structure face.

"Bed and breakfast." See "Lodging"

"Bedroom" means any habitable space primarily used for sleeping that meets applicable requirements of the Building Code (SMC 22.100).

"Billboard." See "Sign, advertising."

"Block." In areas outside downtown zones, a block consists of two (2) facing block fronts bounded on two (2) sides by alleys or rear property lines and on two (2) sides by the centerline of platted streets, with no other intersecting streets intervening, as depicted in Exhibit 23.84A.004 A1.

In downtown zones, a block consists of the area bounded by street property lines, Exhibit 23.84A.004 A2.

"Block face." See "Block front."

"Block front" means the frontage of property along one (1) side of a street bound on three (3) sides by the centerline of platted streets and on the fourth side by an alley or rear property lines (Exhibit 23.84A.004 B).

"Boat moorage " see "Parking and moorage" under "Transportation facilities"

"Boat moorage, Public" means a boat moorage that is owned, operated or franchised by a governmental agency for use by the general public.

"Bridge, access." See "Access bridge."

"Building." See "Structure."

"Bus base" See "Vehicle storage and maintenance" under "Transportation facilities."

"Business district identification sign" means an offpremises sign which gives the name of a business district or industrial park and which may list the names of individual businesses within the district or park.

"Business establishment" means an economic or institutional unit organized for the purposes of conducting business and/or providing a service. In order to be considered a separate business establishment, a business shall be physically separated from other businesses. Businesses that share common facilities, such as reception areas, checkout stands, and similar features (except shared building lobbies and restrooms) shall be considered the same business establishment. A business establishment may be within one structure or many, and may be located on a single lot or on multiple adjacent lots. A business establishment may be a commercial, manufacturing, institutional, or any other type of nonresidential use or live-work unit.

"Business incubator" See "Retail sales and services, nonhousehold.

"Business sign." See "Sign, business."

"Business support service." See "Retail sales and services, Non-household" under "Sales and services, Heavy"

23.84A.006 "C."

"Candelabra mounting" see " Communication devices and

utilities"

"Canopy" means a nonrigid, retractable or nonretractable, protective covering located at the entrance to a structure.

"Car wash" See "Retail sales and services for vehicles."

"Caretaker's quarters." See "Residential use."

"Cargo terminals." See "Transportation facilities."

"Carpool" means a highway vehicle with a seating capacity of less than eight (8) persons, including the driver, which is used primarily to convey a group of two (2) or more employees between home and work.

"Carport" means a private garage which is open to the weather on at least forty (40) percent of the total area of its sides. (See also "Garage.")

"Cemetery" means a place dedicated and used or intended to be used as a burial ground.

"Center City neighborhoods" mean the following urban villages: Uptown Queen Anne, South Lake Union, Capitol Hill, Pike/Pine, First Hill and 12th Avenue, as designated in the City of Seattle Comprehensive Plan.

"Chargeable floor area" means gross floor area of all structures on any lot in a downtown zone, except portions of structures or uses that are expressly exempt from floor area limits under the provisions of this title, and after reduction by any applicable adjustment for mechanical equipment. Chargeable floor area is computed using the exemptions and adjustments in effect at the time the computation is made. Chargeable floor area includes any

floor area, not otherwise exempt, that is in a structure in a downtown zone where floor area limits do not apply or that is permitted to be occupied by reason of the Landmark status of the structure in which it is located.

"Child care center" see "Institution"

"Church." See "Religious facility." under "Institution"

"Cinema." See "Theaters and spectator sports facilities" under "Entertainment"

"City facility" means a facility owned and/or operated for public purposes by The City of Seattle.

"City transportation authority" means a city transportation authority within the meaning of RCW Chapter 35.95A.

"Clerestory" means an outside wall of a building which rises above an adjacent roof and contains vertical windows.

"Club, private." See "Institution"

"Cluster development" means a development containing two (2) or more principal structures on one (1) lot, except that cottage housing developments shall not be considered a cluster development. In Highrise zones, two (2) or more towers on one (1) base structure shall also be considered a cluster development.

"College." See "Institution."

"Columbarium" means a structure or space in a structure containing niches for permanent inurnment of cremated remains.

"Commercial laundry." See "Commercial services, Heavy" under "Sales and services, Heavy

"Commercial moorage." See "Boat Moorage" under "Parking and moorage" under "Transportation facilities"

"Commercial pickup and delivery" means the pickup and delivery of goods or merchandise by, or for, a business operated on the lot.

"Commercial use" means one of the following categories of uses, carried out in a business establishment:

Sales and services, General

Sales and services, Heavy

Eating and drinking establishments

Lodging

Entertainment

Sales and services, Vehicle

Animal shelters and kennels

Offices

Medical services

Research and development laboratories

Food processing and craft work

"Commercial laundry" see "Heavy commercial services" under "Sales and services, heavy"

"Commercial moorage" see "Boat moorage" under "Parking and moorage" under "Transportation facilities"

Communication Devices and Utilities (and Related Terms).

1. "Antenna, Dish" means a round parabolic device for the reception and/or transmission of radiofrequency communication signals. Dish antenna may serve either as a major or minor communication utility or may be an accessory communication device. Dish antenna may be either a) a satellite earth station antenna, which receives signals from and/or transmits signals to satellites, or b) a point-to-consecutive-point antenna, which receive signals

from terrestrial sources. Also called "Satellite dish antenna."

2. "Antenna, Whip" means an omnidirectional antenna, cylindrical in shape, four (4) inches or less in diameter and twelve

(12) feet or less in length.

3. "Candelabra mounting" means a single spreader that supports more than two (2) antennas.

4. "Communication device, accessory" means a device by which radiofrequency communication signals are transmitted and/or received, such as but not limited to whip, horn and dish antennas, and which is accessory to the principal use on the site.

5. "Communication device, receive-only" means a radio frequency device with the ability to receive signals, but not to transmit them.

6."Communication utility, major" means a use in which the means for radiofrequency transfer of information are provided by facilities with significant impacts beyond their immediate area.

These utilities include, but are not limited to FM and AM radio and UHF and VHF television transmission towers. A major communication utility use does not include communication equipment accessory to residential uses; nor does it include the studios of broadcasting companies, such as radio or television stations, which shall be considered administrative offices even if there is point-to-point transmission to a broadcast tower.

7 "Communication utility, minor" means a use in which the means for radiofrequency transfer of information are provided but which generally does not have significant impacts beyond the immediate area. These utilities are smaller in size than major communication utilities and include two (2) way, land-mobile, personal wireless services and cellular communications facilities; cable TV facilities; point-to-point microwave antennas; FM translators; and FM boosters with under ten (10) watts transmitting power. A minor communication utility does not include wire, cables, or communication equipment accessory to residential uses; nor does it include the studios of broadcasting companies, such as radio or television stations, which shall be considered administrative offices even if there is point-to-point transmission to a broadcast tower.

8. "Communication utility, physical expansion of major or minor" means any increase in footprint and/or envelope of transmission towers. Physical expansion does not include an increase in height of the tower resulting from repair, reconstruction, replacement or modification to the antenna that would result in lower radio frequency radiation exposure readings at ground level or in greater public safety, as long as the height above mean sea level

does not increase by more than ten (10) percent and in any event does not exceed one thousand one hundred (1,100) feet above mean sea level. Replacement of existing antennas or addition of new antennas is not considered physical expansion, unless such replacement or addition increases the envelope of the transmission tower by such means as utilizing a candelabra mounting. Replacement or expansion of an equipment building is not considered physical expansion.

9. "Reception window obstruction" means a physical barrier which would block the signal between an orbiting satellite and a land-based antenna.

10. "Telecommunication facility, Shared-use" means a telecommunication facility used by two (2) or more television stations or five (5) or more FM stations.

11. "Telecommunication facility, Single-occupant" means a telecommunication facility used by only one (1) television station or by one (1) television station and one (1) to four (4) FM stations.

12. "Transmission tower" means a tower or monopole on which communication devices are placed. Transmission towers may serve either as a major or minor communication facility.

13. "Wireless service, Fixed" means the transmission of commercial non-broadcast communication signals via wireless technology to and/or from a fixed customer location. Fixed wireless service does not include AM radio, FM radio, amateur ("HAM") radio, Citizen's Band (CB) radio, and Digital Audio Radio Service (DARS) signals.

14. "Wireless service, Personal" means a commercial use offering cellular mobile services, unlicensed wireless services and common carrier wireless exchange access services.

"Community clubs and centers" See "Institution."

"Conditional accessory use" means uses which are accessory to the principal use where the principal use is allowed only as a conditional use.

"Conditional use" means uses which may be permitted as principal or accessory uses when authorized by the Director of the Department of Planning and Development ("administrative conditional use,") or by the Council ("Council conditional use,") pursuant to specified standards.

"Congregate residence." See "Residential use."

"Construction services." See "Commercial services, Heavy" under "Sales and services, Heavy"

"Control of access" means the condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a public street is fully or partially controlled by public authority.

"Control of access, full" means the condition where the authority to control access is exercised to give preference to through traffic by providing access connections with selected public

streets only and by prohibiting crossings at grade and direct driveway connections.

"Control of access, partial" means the condition where the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public streets, there may be some crossings at grade and some direct connections.

"Convalescent home." See "Nursing home."

"Corner lot." See "Lot, Corner."

"Cottage housing development" means a development comprised of at least four (4) cottages (single family dwelling units) arranged on at least two (2) sides of a common open space with a maximum of twelve (12) cottages per development.

"Council" means the City Council of The City of Seattle.

"Council conditional use." See "Conditional use."

"Craft work." See "Food processing and craft work."

"Cul-de-sac" means a street closed at one end by a widened pavement of sufficient size for automotive vehicles to be turned around.

"Curb" means a physical curb constructed from cement concrete, asphalt concrete, or granite.

"Curbcut" means a depression in the curb for the purpose of accommodating a driveway, which provides vehicular access between private property and the street or easement. Where there is no curb, the point at which the driveway meets the roadway pavement shall be considered the curbcut.

"Curbline" means the edge of a roadway, whether marked by a curb or not. When there is not a curb, the curbline shall be established by the Director of Seattle Department of Transportation.

"Custom and craft work." See "Food processing and craft work."

"Customer service office." See "Retail sales and services, General" under "Sales and services, General"

23.84A.008 "D."

"Deck" means a platform extending more than eighteen (18) inches from a structure, or an unattached platform. A deck may be cantilevered or connected to the ground by posts and may have steps or ramps to the ground and a door to the structure. (See also "Porch.")

"Dedication" means an appropriation or giving up of property to public use that precludes the owner or others claiming under the owner from asserting any right of ownership inconsistent with the use for which the property is dedicated.

"Department" means the Department of Planning and Development.

"Depth." See "Structure depth."

"Development regulations." See RCW 36.70A.030.

"Director" means the Director of the Department of Planning and Development, or the Director's designee.

"Dish antenna" see "Communication devices and utilities."

"Dispersion criteria" means standards regulating the maximum concentration of and/or minimum distance between particular uses in an area.

"Display of rental equipment, outdoor." See "Outdoor display of rental equipment."

"Doctor, hospital-based" means a physician having an office and/or principal practice based in and/or salaried by a major institution.

"Doctor, staff" means a physician with staff privileges at a hospital who has an office outside the boundaries of the major institution.

"Domestic violence shelter." See "Residential use."

"Dormer" means a minor gable in a pitched roof, usually bearing a window on its vertical face. A dormer is part of the roof system.

"Drinking establishment" see "Eating and drinking establishment"

"Drive-in business" means a business or a portion of a business where a customer is permitted or encouraged either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while seated in a motor vehicle. In some instances, customers may need to get out of the vehicle to obtain the product or service. This definition shall include but not be limited to gas stations, car washes, and drive-in restaurants or banks.

"Drive-in lane" means an aisle which gives vehicle access to a drive-in window or other drive-in facility such as a gasoline pump or car wash bay.

"Driveway" means that portion of street, alley or private property which provides access to, but not within, an off-street parking facility from a curbcut. Portions of the area defined as a driveway may also be defined as a sidewalk.

"Dry boat storage" see "Parking and moorage" under "Transportation facilities"

"Duplex" means a single structure containing two dwelling units, neither of which is an accessory dwelling unit authorized under Section 23.44.041.

"Dwelling unit" means a room or rooms located within a structure, designed, arranged, occupied or intended to be occupied by

not more than one household as living accommodations independent from any other household. The existence of a food preparation area within the room or rooms shall be evidence of the existence of a dwelling unit.

"Dwelling unit, accessory" means an additional room or set of rooms located within an owner-occupied single-family structure meeting the standards of Section 23.44.041 and designed, arranged, occupied or intended to be occupied by not more than one household as living accommodations independent from any other household.

23.84A.010 "E."

"Easement" means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.

"Eating and drinking establishment" means a commercial use in which food and/or beverages are prepared and sold at retail for immediate consumption. Eating and drinking establishments include restaurants and drinking establishments.

1. "Restaurant" means an eating and drinking establishment in which food and/or beverage preparation and service is provided for individual consumption either onor off-premise. A restaurant may feature the service of alcoholic beverages accessory to the service of food.

2. "Drinking establishment" means an eating and drinking establishment licensed to sell alcoholic beverages for consumption on premise; which limits patronage to adults of legal age for the consumption of alcohol; and in which limited food service may be accessory to the service of alcoholic beverages. Drinking establishments may include but are not limited to taverns, saloons, brewpubs, bars, pubs, or cocktail lounges associated with restaurants.

"Edge" means the boundary between two (2) kinds of areas that are identified by the uses within them, degree of activity, topography or other special characteristics.

"EIS" means an environmental impact statement required by the State Environmental Policy Act. As used in this title, the term refers to a draft, final or supplemental EIS.

"Electric-assisted bicycle" shall have the same meaning accorded by RCW 46.04.169, as that section currently exists or is hereafter amended.

"Electric scooter" means a vehicle: (1) with a handlebar for steering, two wheels less than 18 inches in diameter, and a saddle or seat for the operator and any passenger; (2) propelled by an electric motor or by an electric motor in combination with human propulsion; and (3) incapable of exceeding a speed of 30 miles per hour on level ground.

"Elevated walkway" means a pedestrian walkway connecting structures within a cluster development and located above existing grade.

"Entertainment use" means a commercial use in which recreational, entertainment, athletic, and/or cultural opportunities are provided for the general public, either as participants or spectators. Entertainment uses accessory to institutions or to public parks or playgrounds shall not be considered commercial uses. Entertainment uses include the following uses:

1. "Motion picture theater, Adult" means an entertainment use in which, in an enclosed building, motion picture films are presented that are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas," as defined in this subsection, for observation by patrons therein:

a. "Specified sexual activities":

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy;

(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

b. "Specified anatomical areas":

(1) Less than completely and opaquely covered:

(a) Human genitals, pubic region,

(b) Buttock, or

(c) Female breast below a point immediately above the top of the areola; or

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

2. "Panoram, adult" means a device which exhibits or displays for observation by a patron a picture or view from film or videotape or similar means which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined in subsection 1.

3. "Sports and recreation, Indoor" means an entertainment use in which facilities for engaging in sports and recreation are provided within an enclosed structure. Any spectators are incidental and are not charged admission. Examples include but are not limited to bowling alleys, roller and ice skating rinks, dance halls, racquetball courts, physical fitness centers and gyms, and videogame parlors. Indoor sports and recreation uses accessory to institutions or to public parks or playgrounds shall not be considered commercial uses.

4. "Sports and recreation, Outdoor" means an entertainment use in which facilities for engaging in sports and recreation are provided outside of an enclosed structure. Any spectators are incidental and are not charged admission. Examples include tennis courts, water slides, and driving ranges. Outdoor sports and recreation uses accessory to institutions or to public parks or playgrounds shall not be considered commercial uses.

5. "Theaters and spectator sports facilities" means an entertainment use in which cultural, entertainment, athletic, or other events are provided for spectators either in or out of doors. Adult motion picture theaters and adult panorams shall not be considered theaters and spectator sports facilities for the purposes of this definition. Theaters and spectator sports facilities include, but are not limited to, the following uses:

a. "Motion picture theater" means a theater and spectator sports facility use intended and expressly designed for the presentation of motion pictures, other than an adult motion picture theater.

b. "Performing arts theater" means a theater and

spectator sports facility intended and expressly designed for the presentation of live performances of drama, dance and music.

c. "Spectator sports facility" means a theater and spectator sports facility intended and expressly designed for the presentation of sports events, such as a stadium or arena.

d. "Lecture and meeting hall" means a theater and spectator sports facility intended and expressly designed for public gatherings such as but not limited to commercial spaces available for rent or lease for the purpose of holding meetings or the presentation of public speeches.

"Entrance ramp" means any public road or turning roadway, including acceleration lanes, by which traffic enters the main traveled way of a limited-access facility from the general street

system; such designation applying to that portion of the roadway along which there is full control of access.

"Environmentally critical area" means those areas designated by the City of Seattle Environmentally Critical Areas Policies and regulated and mapped in SMC Chapter 25.09, Regulations for Environmentally Critical Areas, and other city codes.

"Essential public facilities" means airports, sewage treatment plants, jails, light rail transit systems, monorail transit systems, and power plants.

"Existing lot grade." See "Lot grade, existing."

"Exit ramp" means any public road or turning roadway, including deceleration lanes, by which traffic leaves the main traveled way of a freeway to reach the general street system within the city; such designation applying to that portion of the roadway along which there is full control of access.

"Expressway" means a divided arterial street for through traffic with full or partial control of access and generally with grade separations at intersections.

23.84A.012 "F."

"Facade" means any exterior wall of a structure including projections from and attachments to the wall. Projections and attachments include balconies, decks, porches, chimneys, unenclosed corridors and similar projections.

"Facade, front" means the facade extending the full width of the structure, including modulations, which is closest to and most nearly parallels the front lot line. An interior facade shall not be considered a front facade.

"Facade, interior" means any facade of a structure within a cluster development, which faces, or portions of which face, the facade(s) of another structure(s) within the same development.

"Facade, perimeter" means any facade of a structure within a cluster development, which is either a front, rear or side facade.

"Facade, rear" means the facade extending the full width of the structure, including modulations, that is closest to and most nearly parallels the rear lot line. An interior facade shall not be considered a rear facade.

"Facade, side" means the facade extending the full width of the structure, including modulations, that is closest to and most nearly parallels the side lot line. An interior facade shall not be considered a side facade.

"Facade, street-facing" means any facade of a structure that faces an adjacent street.

"Facade, street-level" means a portion of the facade covering the floor or floors of a structure that are adjacent to and directly accessible from sidewalk grade. On streets with little or no slope, the street-level facade is the exterior wall of the first floor of a structure. On sloped streets, the street-level facade may span several stories.

"Family support center." see "Institution."

"FAR." See "Floor area ratio."

"Fast food restaurant, Formula" means, for purposes of application within the International Special Review District, an establishment required by contractual or other arrangements to offer some or all of the following:

(a) standardized menus, ingredients, food preparation, decor, external facade and/or uniforms;

(b) prepared food in a ready-to-consume state;

(c) sold over the counter in disposable containers and wrappers;

(d) selected from a limited menu;

"Fixed wireless service" see "Communication Devices and Utilities"

"Flat" means a dwelling unit in a multi-family structure which is located entirely on one (1) level.

"Fleet vehicles" means more than three (3) vehicles having a gross vehicle weight (gvw) not exceeding ten thousand (10,000) pounds, or more than one (1) vehicle having a gvw exceeding ten thousand (10,000) pounds permanently located at a business establishment or operated on a daily basis in connection with business activities. This definition shall not include vehicles which are available for rent to the public.

"Floating homes." See "Residential use."

"Floor area, gross." See "Gross floor area."

"Floor area ratio" means a ratio expressing the relationship between the amount of gross floor area permitted in a structure and the area of the lot on which the structure is located as depicted in Exhibit 23.84A.012 A.

"Florist" means a retail sales and service use in which cut

flowers and other plants are sold.

"Food preparation area" means a room or portion of a room designed, arranged, intended or used for cooking or otherwise making food ready for consumption.

"Food processing and craft work" means a commercial use in which food items and craft work are produced without the use of a mechanized assembly line and includes but is not limited to the following:

1. "Custom and craft work" means a food processing and craft work use in which nonfood, finished, personal or household items, which are either made to order or which involve considerable handwork, are produced. Examples include but are not limited to pottery and candlemaking, production of orthopedic devices, printing, creation of sculpture and other art work, and glassblowing. The use of products or processes defined as high-impact uses shall not be considered custom and craft work.

2. "Food processing" means a food processing and craft work use in which food for human consumption in its final form, such as candy, baked goods, seafood, sausage, tofu, pasta, etc., is produced, when the food is distributed to retailers or wholesalers for resale off the premises. Food or beverage processing using mechanized assembly line production of canned or bottled goods is not included in this definition, but shall be considered to be light manufacturing.

"Formula fast-food restaurant." See "Fast food restaurant, Formula."

"Freeway" means an expressway with full control of access.

"Fuel sales" see "Sales, Heavy commercial" under "Sales and services, Heavy

23.84A.014 "G."

"Garage, private" means an accessory structure or an accessory

portion of a principal structure, designed or used for the shelter or storage of vehicles owned or operated by the occupants of the principal structure. (See "Carport.")

"Garage, terraced" means a private garage which is partially below existing and/or finished grade.

"Garden wall crypt" means an outdoor freestanding wall or exterior wall of a structure containing niches for permanent inurnment of cremated remains.

"Gas station." See " Retail sales and services, automotive" under "Sales and services, Automotive."

"General mailed release" means an information mailing to the individuals and groups on a master mailing list as may be established by the Department.

"General manufacturing" See "Manufacturing"

"General retail sales and services." See "Sales and services, General

"Grade." See "Lot grade."

"Green street" means a street right-of-way which is part of the street circulation pattern, that through a variety of treatments, such as sidewalk widening, landscaping, traffic calming, and pedestrian-oriented features, is enhanced for pedestrian circulation and open space use.

"Gross floor area" means the number of square feet of total floor area bounded by the inside surface of the exterior wall of the structure as measured at the floor line.

"Ground-related dwelling unit" means a dwelling unit with direct access to private ground-level usable open space. The open space may be located at the front, sides or rear of the structure, and not more than ten (10) feet above or below the unit. Access to the open space shall not go through or over common circulation areas, common or public open spaces, or the open space of another unit.

"Ground-related structure" means a structure containing only ground-related dwelling units.

23.84A.016 "H."

"Hard-surfaced street" means a street that has been surfaced with a material other than crushed rock so that a hard, smooth, strong surface exists.

"Hazardous materials" means substances that are capable of posing risk to health, safety or property as defined in the Seattle Fire Code.

"Hearing Examiner" means the official appointed by the Council and designated as the Hearing Examiner, or that person's designee (Deputy Hearing Examiner, Hearing Examiner Pro Tem, etc.).

"Hearing, open record." See RCW 36.70B.020.

"Heat recovery incinerator" means an accessory facility designed for the conversion of at least one (1) ton per day of solid waste into useful energy, together with storage and handling bins and machinery required for its operation.

"Heavy commercial services." See "Commercial Services, Heavy" under "Sales and Services, Heavy."

"Heavy commercial sales." see "Commercial Sales, Heavy" under "Sales and Services, Heavy."

"Heavy manufacturing" see "Manufacturing."

"Heavy sales and services" See "Sales and services, Heavy"

"Heavy traffic generators" means any use which generates more than seventy-five (75) trips per hour per one thousand (1,000) square feet of gross floor area at peak hour, according to the Institute of Transportation Engineers' (ITE) Trip Generation Manual.

"Heliport." See "Air transportation facility" under "Transportation facilities."

"Helistop." See "Air transportation facility" under "Transportation facilities."

"High-impact use" means a business establishment that is considered to be dangerous and/or noxious due to the probability and/or magnitude of its effects on the environment; and/or has the potential for causing major community or health impacts, including but not limited to nuisance, odors, noise, and/or vibrations; and/or

is so chemically intensive as to preclude site selection without careful assessment of potential impacts and impact mitigation. The Director shall consult as necessary with the Chief of the Seattle Fire Department, the Director of the Seattle-King County Health Department, and other local, state, regional and federal agencies to determine when a business establishment shall be regulated as a highimpact use.

"Hillclimb assist" means a public benefit feature consisting of a pedestrian corridor that incorporates a mechanical device or combination of mechanical and nonmechanical features to connect avenues across lots with slopes of ten (10) percent or more to aid pedestrian movement up and down the slopes.

"Hillside terrace" means a public benefit feature consisting of an extension of the public sidewalk on lots with slopes of ten (10) percent or more, which through design features provides public street space, helps integrate street level uses along the sidewalk, and

makes pedestrian movement up and down steep slopes easier and more pleasant.

"Hipped roof." See "Pitched roof."

"Home occupation" means a nonresidential use which is clearly incidental and secondary to the use of a dwelling for residential purposes and does not change the character of the dwelling.

"Horticulture." See "Agricultural use."

"Hospital." See "Institution."

"Hotel." See "Lodging."

"Household" means a housekeeping unit consisting of any number of related persons; eight (8) or fewer non-related, nontransient persons; or eight (8) or fewer related and non-related non-transient persons, unless a grant of special or reasonable accommodation allows an additional number of persons.

"Housing, affordable" means low, low-moderate, or moderate income housing.

"Housing, low-income." See "Low-income housing."

"Housing, low-moderate." See "Low-moderate income housing."

"Housing, moderate-income." See "Moderate-income housing."

"Housing TDR site" means a lot meeting the following requirements:

1. The lot is located in any Downtown zone except PMM, DH-l and DH-2 zones;

2. Each structure on the lot has a minimum of fifty (50) percent of total gross above-grade floor area committed to low-income housing or low and low-moderate income housing use for a minimum of fifty (50) years;

3. The lot has above-grade gross floor area equivalent to at least one (1) FAR committed to low-income housing use for a minimum of fifty (50) years;

4. The above-grade gross floor area on the lot committed to satisfy the conditions in subsections 2 and 3 of this definition is contained in one or more structures existing as of the date of passage of Ordinance 120443, and such area was in residential use as of such date, as demonstrated to the satisfaction of the Director of the Office of Housing; and

5. The low-income housing or low and low-moderate income housing commitments on the lot provide for satisfaction of the standards in Section 23.49.012 B1b and are accepted by the Director of the Office of Housing.

"Housing unit" means any dwelling unit, housekeeping unit, guest room, dormitory, or single occupancy unit.

"Human service use" means a use in which structure(s) and related grounds or portions thereof are used to provide one or more of the following: emergency food, medical or shelter services; community health care clinics, including those that provide mental health care; alcohol or drug abuse services; information and referral services for dependent care, housing, emergency services, transportation assistance, employment or education; consumer and credit counseling; or day care services for adults. Human service uses provide at least one (1) of the listed services directly to a client group on the premises, rather than serve only administrative functions.

23.84A.018 "I."

"Infill development" means development consisting of either: (1) construction on one (1) or more lots in an area which is mostly developed, or (2) new construction between two (2) existing structures.

"Institute for advanced study." See "Institution."

"Institution" means structure(s) and related grounds used by organizations providing educational, medical, social and/or recreational services to the community, but is not limited to the following uses.

1. "Adult care center" means an institution which regularly provides care to a group of adults for less than twenty-four (24) hours a day, whether for compensation or not.

2. "College" means a post-secondary educational institution, operated by a nonprofit organization, granting associate, bachelor and/or graduate degrees.

3. "Community club and center" means an institution used for athletic, social, civic or recreational purposes, operated by a nonprofit organization providing direct services to people on the premises rather than carrying out only administrative functions, and open to the general public on an equal basis. Activities in a community club and center may include classes and events sponsored by nonprofit organizations, community programs for the elderly, and other similar uses.

a. "Community center" means a community club and center use that is open to the general public without membership.

b. "Community club" means a community club and center use, membership to which is open to the general public on an equal basis.

4. "Child care center" means an institution which regularly

provides care to a group of children for less than twenty-four (24) hours a day, whether for compensation or not. Preschools shall be considered to be child care centers.

5. "Family support center" means an institution that offers support services and instruction to families, such as parenting classes and

family counseling, and is co-located with a Department of Parks and Recreation community center.

6. "Hospital" means an institution which provides accommodations, facilities and services over a continuous period of twenty-four (24) hours or more, for observation, diagnosis and care of individuals who are suffering from illness, injury, deformity or abnormality or from any condition requiring obstetrical, medical or surgical services, or alcohol or drug detoxification. This definition excludes nursing homes.

7. "Institute for advanced study" means an institution operated by a nonprofit organization for the advancement of knowledge through research, including the offering of seminars and courses, and technological and/or scientific laboratory research.

8. "Library" means an institution where literary, musical, artistic or reference materials are kept for use but not generally for sale.

9. "Museum" means an institution operated by a nonprofit organization as a repository of natural, scientific, historical, cultural or literary objects of interest or works of art, and where the collection of such items is systematically managed for the purpose of exhibiting them to the public.

10. "Private club" means an institution used for athletic, social or recreational purposes and operated by a private nonprofit organization, membership to which is by written invitation and election according to qualifications in the club's charter or bylaws and the use of which is generally restricted to members and their guests.

11. "Religious facility" means an institution, such as a church, temple, mosque, synagogue or other structure, together with its accessory structures, used primarily for religious worship.

12. "School, elementary or secondary" means an institution operated by a public or nonprofit organization primarily used for systematic academic or vocational instruction through the twelfth grade.

13. "University." See "College."

14. "Vocational or fine arts school" means an institution which teaches trades, business courses, hairdressing and similar skills on a post-secondary level, or which teaches fine arts such as music, dance or painting to any age group, whether operated for nonprofit or profit-making purposes.

23.84A.020 "J."

"Jail" means a public facility for the incarceration of persons under warrant, awaiting trial on felony or misdemeanor charges, convicted but not yet sentenced, or serving a sentence upon conviction. This definition does not include facilities for programs providing alternatives to imprisonment such as prerelease, work release or probationary programs.

"Junk storage" means the temporary or permanent storage outdoors of junk, waste, discarded, salvaged or used materials or inoperable vehicles or vehicle parts. This definition shall include but not be limited to the storage of used lumber, scrap metal, tires, household garbage, furniture, and inoperable machinery.

"Junkyard." See "Salvage and recycling."

23.84A.022 "K."

"Kennel." See "Animal shelters and kennels."

"Kitchen." See "Food preparation area."

23.84A.024 "L."

"Laboratory, Research and development" means a use in which research and experiments leading to the development of new products are conducted. This use may be associated with an institutional, clinical or commercial use. Space designed for this use typically includes features such as: floor to floor ceiling heights, generally fourteen (14) feet in height or greater to accommodate mechanical equipment and laboratory benches plumbed for water service.

"Landmark performing arts theater" means a structure that:

1. Contains space that was designed for use primarily as, or is suitable for use as, a performing arts theater;

2. Is located in one (1) of the following Downtown zones: DOC1, DOC2, DRC, or DMC;

3. Is a designated Landmark under Chapter 25.12

4. Is subject to an ordinance establishing incentives and controls, or the owner of which shall agree, prior to the approval of any landmark theater priority TDR under Section 23.49.033 and prior to the issuance of any building permit for any structure receiving

TDRs or a FAR bonus under any agreement with respect to such theater, to an incentives and controls agreement approved by the City Landmarks Preservation Board, which agreement may be conditioned, with the approval of such Board, on the approval of a specified amount of priority landmark TDR for the lot on which such theater is located and/or on the purchase, lease, or option by the City or a third party of a certain amount of development rights from such lot on specified terms;

5. Has, or will have upon completion of a proposed plan or rehabilitation, a minimum floor area devoted to performing arts theater space and accessory uses of at least twenty thousand (20,000) square feet; and

6. Will be available, for the duration of any commitment made to qualify for a FAR bonus or to transfer development rights from the lot, for live theater performances no fewer than one hundred eighty (180) days per year.

"Landmark structure" means a structure designated as a landmark, pursuant to the Landmark Preservation Ordinance, Chapter 25.12.

"Landscape section" means a section of the right-of-way of a freeway, expressway, parkway or scenic route, at least one (1) side of which is improved by the planting, for other than the sole purpose of soil erosion control, of ornamental trees, shrubs, lawn or other vegetation, or at least one (1) side of which is endowed by nature with native trees and shrubs that are reasonably maintained, and which has been so designated by this Code.

"Laundry, commercial" see "Commercial services, Heavy" under "Sales and services, Heavy"

"Lecture and meeting halls" see "Theaters and spectator sports facilities" under "Entertainment"

"Ledge" means a cantilevered or posted platform extending no more than eighteen (18) inches from a structure.

"Library." See "Institution."

"Light manufacturing" see "Manufacturing"

"Light rail transit facility" see "Rail transit facility" under "Transportation facilities."

"Light rail transit system" see "Rail transit facility" under "Transportation facilities."

"Live-work unit" means a structure or portion of a structure: (1) that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household; (2) where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and (3) where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.

"Loading berth" means an off-street space for the temporary parking of a vehicle while loading or unloading merchandise or materials and which abuts on a street, alley or easement.

"Lodging" means a commercial use in which the primary activity is the provision of rooms to transients. Lodging includes but is not limited to the following uses:

1. "Bed and breakfast" means a lodging use, where rooms within a single dwelling unit are provided to transients by a resident operator for a fee by prearrangement on a daily or shortterm basis. A breakfast and/or light snacks may be served to those renting rooms in the bed and breakfast.

2. "Hotel" means a lodging use, located in a structure in which access to individual units is predominantly by means of common interior hallways, and in which a majority of the rooms are provided to transients for a fee on a daily or short-term basis.

3. "Motel" means a lodging use, located in a structure in which access to individual units is predominantly by means of common exterior corridors, and in which a majority of the rooms are provided to transients on a daily or shortterm basis, and in which off-street parking is provided on the lot.

"Lot" means, except for the purposes of a TDR sending lot for Landmark TDR or housing TDR, platted or unplatted parcel or parcels of land abutting upon and accessible from a private or public street sufficiently improved for vehicle travel or abutting upon and accessible from an exclusive, unobstructed permanent access easement. A lot may not be divided by a street or alley (Exhibit 23.84A.024 A). For purposes of a TDR sending lot for Landmark TDR, "lot" means the parcel described in the ordinance approving controls for the sending lot. For purposes of a sending lot for housing TDR, "lot" means the smallest parcel or combination of contiguous parcels, as described in the County real property records at any time after the date of passage of this ordinance, that contain the structure or structures that make the TDR eligible for transfer.

"Lot area" means the total area of the horizontal plane within the lot lines of a lot.

"Lot, corner" means a lot situated at the intersection of two (2) streets, or bounded on two (2) or more adjacent sides by street lot lines, provided that the angle of intersection of the street lot lines does not exceed one hundred thirty-five (135) degrees.

"Lot coverage" means that portion of a lot occupied by the principal structure and its accessory structures, expressed as a percentage of the total lot area (Exhibit 23.84A.024 B ).

"Lot depth" means the horizontal distance between the front and rear lot lines.

"Lot grade, existing" means the natural surface contour of a lot, including minor adjustments to the surface of the lot in preparation for construction.

"Lot, interior" means a lot other than a corner lot.

"Lot, key" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.

"Lot line, front" means, in the case of an interior lot, the lot line separating the lot from the street, and in the case of a corner lot, the lot line separating the lot from either street, provided the other is considered to be a side street lot line.

"Lot line, rear" means a lot line which is opposite and most distant from the front lot line.

"Lot line, side" means any lot line not a front lot line or a rear lot line.

"Lot line, side street" means a lot line, other than the front lot line, abutting upon a street.

"Lot line, street" means a front lot line or a side street lot line.

"Lot lines" means the property lines bounding a lot.

"Lot, parent" means the initial lot from which unit lots are subdivided for the exclusive use of townhouses, cottage housing, clustered housing in Singlefamily, Residential Small Lot and Lowrise zones, single-family residences in Lowrise zones, or any combination of the above types of residential development.

"Lot, reversed corner" means a corner lot, the side street lot line of which is substantially a continuation of the front lot line of the lot to its rear, whether or not separated by an alley.

"Lot, through" means a lot abutting on two (2) streets which are parallel or within fifteen (15) degrees of parallel with each other.

"Lot, through" means a lot abutting on two (2) streets which are parallel or within fifteen (15) degrees of parallel with each other.

"Lot, unit" means one of the individual lots created from the subdivision of a parent lot for the exclusive use of townhouses, cottage housing, clustered housing in Single-family, Residential Small Lot and Lowrise zones, single-family residences in Lowrise zones, or any combination of the above types of residential development.

"Lot, waterfront" means a lot or parcel any portion of which is offshore of or abuts upon the ordinary high water mark or mean high water mark and any other lot or parcel partially or entirely within the Shoreline District which is not separated from the water by a street, arterial, highway or railroad right-ofway, which was a legal right-of-way as of March 17, 1977. No portion of any legally dedicated right-of-way shall be included in any lot.

"Lot width" means the mean horizontal distance between side lot lines measured at right angles to the lot depth.

"Low-income disabled multifamily structure" means a multifamily structure in which at least ninety (90) percent of the dwelling units are occupied by one or more persons who have a handicap as defined in the Federal Fair Housing Amendment Act and who constitute a lowincome or low-moderate income household.

"Low-income elderly multifamily structure" means a structure in which at least ninety (90) percent of the dwelling units are occupied by one or more persons sixty-two (62) or more years of age who constitute a low-income or lowmoderate income household.

"Low-income elderly/low-income disabled multifamily structure" means a multifamily structure in which at least ninety (90) percent of the dwelling units (not including vacant units) are occupied by a low-income household or low-moderate income household that includes a person who has a handicap as defined in the Federal Fair Housing Amendment Act or a person sixty-two (62) years of age or older, as long as the housing qualifies for exemptions from prohibitions against discrimination against families with children and against age discrimination under all applicable fair housing laws and ordinances.

"Low income household" means any household whose total household income is less than fifty (50) percent of the median income for comparably sized households in the Seattle-Everett Standard Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development.

"Low income housing" means any housing unit which is rented to a low income household at rents not to exceed thirty (30) percent of fifty (50) percent of the median income for comparably sized households in the Seattle-Everett Standard Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development.

"Low-moderate income household" means any household whose total household income is between fifty (50) percent and eighty (80) percent of the median income for comparably sized households in the Seattle-Everett Standard Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development.

"Low-moderate income housing" means any housing unit which is rented to a lowmoderate income household at rents not to exceed thirty (30) percent of eighty (80) percent of the median income for comparably sized households in the Seattle-Everett Standard Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development.

23.84A.025 "M."

"Mailed notice" means notice mailed to such property owners, commercial lessees and residents of the area within three hundred (300) feet of the boundaries of a specific site as can be determined from the records of the King County Department of Assessments and such additional references as may be identified by the Director; provided, that in the downtown area bounded by Denny Way, Interstate 5, South Royal Brougham Way and Elliott Bay, mailed notice provided by the Director shall mean notice mailed to owners, lessees and building managers on the project site and to property owners and building managers within three hundred (300) feet of a specific site

and the posting by the applicant of one (1) land use sign visible to the public at each street frontage abutting the site but not to exceed ten (10) land use signs. When there is no street frontage or the site abuts an unimproved street, the Director shall require either more than one (1) sign and/or an alternative posting location so that notice is clearly visible to the public. The land use sign may be removed by the applicant within fourteen (14) days after final action on the application has been completed. Annually, the Director shall publish in the City's official newspaper additional reference(s) to be used to supplement the information obtained from the King County records. The mailed notice shall request that property managers post the notice in a public area of the commercial or multifamily building.

"Major communication utility" see "Communication devices and utilities"

"Major durables sales." See "Sales and services, Heavy."

"Major Institution" means an institution providing medical or educational services to the community. A Major Institution, by nature of its function and size, dominates and has the potential to change the character of the surrounding area and/or create significant negative impacts on the area. To qualify as a Major Institution, an institution must have a minimum site size of sixty thousand (60,000) square feet of which fifty thousand (50,000) square feet must be contiguous, and have a minimum gross floor area of three hundred thousand (300,000) square feet. The institution may be located in a single building or a group of buildings which includes facilities to conduct classes or related activities needed for the operation of the

institution.

A Major Institution shall be determined to be either an educational Major Institution or a medical Major Institution, according to the following:

1. "Educational Major Institution" means an accredited post-secondary level educational institution, operated by a public agency or nonprofit organization, granting associate, baccalaureate and/or graduate degrees. The institution may also carry out research and other activities related to its educational programs.

2. "Medical Major Institution" means a licensed hospital.

"Major performing arts facility" means a facility specifically designed for the presentation of live performances of theater, dance or music, that at a minimum has one (1) auditorium with at least two thousand (2,000) seats.

"Major Phased Development" means a nonresidential, multiple building project which, by the nature of its size or function, is complex enough to require construction phasing over an extended period of time, excluding Major Institutions.

"Manufacturing" means a business establishment in which articles are produced by hand or by machinery, from raw or prepared materials, by giving to those materials new forms, qualities, properties, or combinations, in a process frequently characterized by the repetitive production of items made to the same or similar specifications. Items produced are generally sold directly to other businesses, or are sold at wholesale. The retail sale of items to the general public is incidental to the production of goods. For the purpose of this definition, uses listed as food processing and craft work or high-impact use are not considered manufacturing uses. Manufacturing uses include the following:

1. "Manufacturing, light" means a manufacturing use, typically having little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution, and including but not limited to the following:

a. Production, assembly, finishing, and/or

packaging of articles from parts made at another location, such as assembly of clocks, electrical appliances, or medical equipment.

b. Production of finished household and office goods, such as jewelry, clothing or cloth, toys, furniture, or tents, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, premilled wood; or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials;

c. Canning or bottling of food or beverages for human consumption using a mechanized assembly line or food processing for animal consumption;

d. Printing plants with more than five thousand (5,000) square feet of gross floor area.

2. "Manufacturing, general" means a manufacturing use, typically having the potential of creating moderate noise, smoke, dust, vibration or other environmental impacts or pollution, and

including but not limited to the following:

a. Production of items made from stone or concrete;

b. Production of items from ferrous or nonferrous metals through use of a machine shop, welding or fabrication; or from nonferrous metals through use of a foundry; or from ferrous metals through use of a foundry heated by electricity (induction melting);

c. Production of recreational or commercial vessels of less than one hundred twenty (120) feet in length to individual customer specifications;

d. Production of finished goods, that typically are not for household or office use, such as barrels, ceramic molds, or cardboard cartons, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, premilled wood; or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials;

e. Production of finished goods, for household or nonhousehold use, such as toys, film, pens, or linoleum from plastic, rubber, or celluloid;

f. Production of parts to be assembled into a finished product;

g. Development of film on a wholesale basis;

h. Production of items through biological processes, such as pharmaceuticals and industrial purifiers, manufactured by bioengineering techniques;

i. Production of items such as paint and coatings, dyestuffs, fertilizer, glue, cosmetics, clay, or pharmaceuticals that require the mixing or packaging of chemicals.

3. "Manufacturing, heavy" means a manufacturing use, typically having the potential of creating substantial noise, smoke, dust, vibration and other environmental impacts or pollution, and including but not limited to:

a. The extraction or mining of raw materials, such as quarrying of sand or gravel;

b. Processing or refining of raw materials, such as but not limited to minerals, petroleum, rubber, wood or wood pulp, into other products;

c. The milling of grain or refining of sugar, except when accessory to a use defined as food processing for human consumption or as a retail sales and service use;

d. Poultry slaughterhouses, including packing and freezing of poultry;

e. Refining, extruding, rolling, or drawing of ferrous or nonferrous metals, or the use of a noninduction foundry for ferrous metal;

f. Mass production of commercial or recreational vessels of any size and the production of vessels one hundred twenty (120) feet in length constructed to individual specifications;

g. Production of large durable goods such as motorcycles, cars, manufactured homes, airplanes, or heavy farm, industrial, or construction machinery;

h. Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating;

i. Production of industrial organic and inorganic chemicals, and soaps and detergents; and

j. Conversion of solid waste into useful products or preparation of solid waste for disposal at another location by processing to change its physical form or chemical composition. This includes the off-site treatment or storage of hazardous waste as regulated by the State Department of Ecology. The on-site treatment and storage of hazardous waste is considered an incidental or

accessory use.

"Marina, Recreational" see "Boat moorage" under "Parking and moorage" under "Transportation facilities"

"Marine retail sales and service" See "Sales and services, Marine."

"Master Use Permit" means the document issued to an applicant that records all land use decisions that are made by the Department on a master use application. Construction permits and land use approvals which must be granted by the City Council, citizen boards or the state are excluded.

"Mausoleum" means a structure or building for the entombment of human remains in crypts.

"Maximum structure height" for any lot in a downtown zone means the height limit designated on the Official Land Use Map, Chapter 23.32, for such lot. If more than one limit is designated for the lot on such map, then "maximum structure height" means the lowest of the limits designated for the lot.

"Median family income" means median family income, adjusted for

household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD).

"Medical services" means a commercial use in which health care for humans or animals is provided on an outpatient basis, including but not limited to offices for doctors, dentists, chiropractors, and other health care practitioners and mortuary and funeral services. Permitted accessory uses include associated office, research and laboratory uses.

"Meeting, public." See RCW 36.70B.020.

"Mini-warehouse" see "Storage"

"Minor communication utility" see "Communication devices and utilities"

"Minor institution" means an institution that does not meet the criteria for a major institution.

"Mobile home park." See "Residential use."

"Moderate-income household" means any household whose total household income is between eighty (80) and one hundred fifty (150) percent of the median income for comparably sized households in the Seattle-Everett Standard Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development.

"Moderate-income housing" means any housing unit which is affordable to moderate-income households, according to the Public Benefit Features Rule.

"Modulation" means a stepping back or projecting forward of sections of the facade of a structure within specified intervals of structure width and depth, as a means of breaking up the apparent bulk of the continuous exterior walls (Exhibit 23.84A.025 A).

"Monorail guideway" see "Rail transit facilities" under "Transportation facilities."

"Monorail transit facility" see "Rail transit facilities" under "Transportation facilities"

"Monorail transit station" see "Rail transit facilities"

under "Transportation facilities"

"Monorail transit system" see "Rail transit facilities" under "Transportation facilities."

"Mortuary service" See "Medical services".

"Motel." See "Lodging."

"Motion picture studio" means a facility for the production of motion pictures, intended for movie or television viewing, using video or film media. Motion picture studio use may be intermittent.

"Motion picture theater." See "Theaters and spectator sports facilities" under "Entertainment"

"Motion picture theater, adult." See "Entertainment"

"Multifamily structure." See "Residential use."

"Multiple business center" means a grouping of two (2) or more business establishments which either share common parking on the lot where they are located, and/or which occupy a single structure or separate structures which are physically attached. Shopping centers are considered to be multiple business centers.

"Multi-purpose convenience store." see "Retail sales, Multipurpose" under "Sales and services, General".

"Museum." See "Institution."

23.84A.026 "N."

"Neighborhood plan" means the goals and policies adopted by the Council into the Comprehensive Plan's Neighborhood Planning Element

which have been developed to guide the growth and development of a specific neighborhood and deal with other neighborhood related issues such as housing, institutions, transportation, economic development and other community development activities.

"Nonconforming to development standards" means a structure, site or development that met applicable development standards at the time it was built or established, but that does not now conform to one or more of the applicable development standards. Development standards include, but are not limited to height, setbacks, lot coverage, lot area, number and location of parking spaces, open space, density, screening and landscaping, lighting, maximum size of nonresidential uses, maximum size of non-industrial use, view corridors, sidewalk width, public benefit features, street level use requirements, street facade requirements, and floor area ratios.

"Nonconforming use" means a use of land or a structure that was lawful when established and that does not now conform to the use regulations of the zone in which it is located, or means a residential use or development commenced prior to July 24, 1957, that has remained in continuous use since that date, subject to approval through the process of establishing the use for the record. See Section 23.42.102. A use that was legally established but which is now permitted only as a conditional use is not a nonconforming use and shall be regulated as if a conditional use approval had earlier been granted.

"Non-household sales and services" see "Sales and services, Heavy"

"Nursing Home." See "Residential use."

23.84A.028 "O."

"Office" means a commercial use which provides administrative or professional services to individuals, businesses, institutions and/or government agencies primarily by phone or mail, by going to the customer's home or place of business, or on the premises by appointment; or in which customers are limited to holders of business licenses. Examples of services provided include general contracting, janitorial and housecleaning services; legal, architectural, and data processing; broadcasting companies, administrative offices of businesses, unions or charitable organizations; and wholesalers and manufacturer's representatives' offices. Offices may include accessory storage, but not the storage of building materials, contractor's equipment or items, other than samples, for wholesale sale. Other types of office uses that encourage on-site customer service for "walk-in" customers or where appointments are not necessary to conduct business shall be considered a general retail sales and service use. Offices where medical services are provided shall be considered medical services uses.

"Office, Customer service" see "Retail sales and services, General" under "Sales and services, General"

"Open space" means land and/or water area with its surface predominately open to the sky or predominantly undeveloped, which is

set aside to serve the purposes of providing park and recreation opportunities, conserving valuable natural resources, or and structuring urban development and form.

"Open space, common" means usable open space which is available for use by all occupants of a residential structure.

"Open space, landscaped" means exterior space, at ground level, predominantly open to public view and used for the planting of trees, shrubs, ground cover and other natural vegetation.

"Open space, usable" means an open space which is of appropriate size, shape, location and topographic siting so that it provides landscaping, pedestrian access or opportunity for outdoor recreational activity. Parking areas and driveways are not usable open spaces.

"Open space, usable, private" means usable open space which is intended to be used only by the occupants of one ground-related dwelling unit.

"Ornamental feature" means decorative objects such as lintels, cornices and sunshades extending from a structure.

"Outdoor display of rental equipment" means an outdoor area where merchandise available for rent is displayed, and which is freely accessible to the public. Outdoor display of rental equipment may be the principal use of a lot or may be accessory to a commercial use where the rental transactions occur within a structure.

"Outdoor sales" means an outdoor area where merchandise is sold or is displayed for sale, and which is freely accessible to the public, except that automotive retail sales areas shall be considered outdoor sales whether freely accessible or not. Outdoor sales may be the principal use of a lot or may be accessory to a commercial use where the sales transactions occur within a structure.

"Outdoor storage" see "Storage"

"Overhead weather protection" means a nonstructural feature, such as a canopy, awning or marquee, or a structural feature, such as a building overhang or arcade, which extends from a building and provides pedestrians with protection from inclement weather and adds visual interest at street level.

"Owner" means any person having a legal or equitable interest in, title to, responsibility for, or possession of a building or property, including, but not limited to, the interest of a lessee, guardian, receiver or trustee, and any duly authorized agent of the owner.

"Owner occupancy" means an occupancy of a dwelling by the legal property owner as reflected in title records, or by the contract purchaser. The owner occupant of a residence containing an accessory dwelling unit must have an interest equal to or greater than any other partial owner of the property, and the owner occupant's interest must be fifty (50) percent or greater.

23.84A.030 "P."

"Panoram, adult." See "Places of public assembly."

"Parcel park" means a public benefit feature consisting of a small open space which is accessible to the public and which provides downtown pedestrians an opportunity to rest and relax in a developed urban environment through such amenities as seating, landscaping and artwork.

"Park" see "Parks and open space".

"Park and pool lot" see "Principal Use Parking" under "Parking and moorage" under "Transportation facilities"

"Park and ride lot" see "Principal Use Parking" under "Parking and moorage" under "Transportation facilities"

"Parking" means a surface parking area or parking garage.

"Parking, accessory" means one or more parking spaces that are either reserved or required for a particular use or structure.

"Parking and moorage" see "Transportation facilities"

"Parking garage" means a structure for parking or storage of vehicles. A parking garage may be accessory to a principal use or structure on a lot or may be the principal structure on a lot.

"Parking, long-term" means one or more long-term parking spaces.

"Parking, non-required" means one or more parking spaces not required by either the Land Use Code (Title 23 SMC) or the Zoning Code (Title 24 SMC) as accessory to a principal use and not imposed as a mitigating measure pursuant to the State Environmental Policy Act.

"Parking, principal use" see "Parking and moorage" under "Transportation facilities".

"Parking screen" means a screen that effectively obscures view of off-street parking from the public right-of-way or private lots. (See also "Screen.")

"Parking, short-term" means one or more short-term parking spaces.

"Parking space" means an area for the parking of one vehicle within a parking facility or parking area, exclusive of driveways, ramps, and office and work areas.

"Parking space, long-term" means a parking space which will be occupied by the same motor vehicle for four (4) hours or more and generally used by persons who commute to work by private motor vehicle or by residents.

"Parking space, short-term" means a parking space occupied by individual motor vehicles for less than four (4) hours and generally used intermittently by shoppers, visitors, or outpatients.

"Parking, surface" means an open area used or intended to be used for the parking of vehicles. It may be available to the public or reserved to accommodate parking for a specific purpose.

"Parks and open space" means a use in which an area is permanently dedicated to recreational, aesthetic, educational or cultural use and generally is characterized by its natural and landscape features. A parks and open space use may be used for both passive and active forms of recreation.

"Parkway" means a thoroughfare located within a park, or including a park-like development and designated as a "parkway."

"Participant sports and recreation." See "Sports and recreation, Indoor" and "Sports and recreation, Outdoor" under "Entertainment".

"Party of record" means any person, group, association or corporation that files an appeal; a person granted party status through intervention; the City department making the decision or determination; and the person who files an application for a permit or other type of development authorization which is the subject of the appeal.

"Passenger terminal." See "Transportation facilities."

"Paved" means surfaced with a hard, smooth surface, usually consisting of Portland cement concrete or asphaltic concrete underlain by a subgrade of crushed rock.

"Pedestrian orientation" means a condition in which the location of and access to structures, types of uses permitted at street level, and storefront design are based on needs of persons on foot.

"Pedestrian oriented commercial zone." See "Zone, pedestrian oriented commercial."

"Pedestrian walkway" means a surfaced walkway, separated from the roadway, usually of crushed rock or asphaltic concrete and following the existing ground surface (not at permanent grade).

"Performing arts theater." See "Theaters and spectator sports facilities" under "Entertainment"

"Person" means any individual, partnership, corporation, association, public or private organization of any character.

"Personal and household retail sales and service" see "Sales and service, General".

"Personal transportation services." See "Transportation services, personal."

"Personal wireless service" see "Communication devices and facilities"

"Pet grooming services" see "Retail sales and services, General"

"Pitched roof" means any non-horizontal roof.

"Placard" means a highly visible notice at least eleven (11) by fourteen (14) inches in size with headings which can be read from a distance of seventy-five (75) feet by persons of normal visual acuity.

"Places of public assembly" see "Entertainment"

"Planned community development (PCD)" means a zoning process which authorizes exceptions from certain development standards for structures on large tracts of land in certain downtown zones. A PCD is developed as a single entity through a public process, and requires Council approval.

"Planned residential development (PRD)" means a zoning mechanism which allows for flexibility in the grouping, placement, size and use of structures on a fairly large tract of land. A PRD is developed as a single entity, using a public process which incorporates design review.

"Planting strip" means that portion of a street right-of-way lying between the curb and the property line exclusive of the sidewalk; provided, that if there is no curb, then "planting strip" means that portion of the street lying between a sidewalk and the property line. If there is no curb or constructed sidewalk, there is no "planting strip."

"Plat" means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

"Playgrounds" see "Parks and open space"

"Plaza, urban" means a public benefit feature consisting of a public open space in the most intensely developed areas of downtown which is located to create a focus for surrounding development, increase light and air at street level, and ensure adequate space at transit stations and major transfer points to increase the convenience and comfort of transit riders.

"Porch" means an elevated platform extending from a wall of a principal structure, with steps or ramps to the ground providing access by means of a usable doorway to the structure. A porch may be connected to a deck. (See also "Deck.")

"Power plant." See "Utility."

"Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

"Preliminary plat approval of a subdivision, fully complete application." See "Application."

"Principal structure" means the structure housing one or more principal uses as distinguished from any separate structures housing accessory uses.

"Principal use" means the main use conducted on a lot, dominant in area, extent or purpose to other uses which may also be on the lot.

"Priority landmark theater TDR" means that portion of the development rights eligible for transfer from a landmark performing arts theater that the Directors of Housing, and Planning and Development, have approved based on an application by the owner under this section, and that the owner has committed to sell, lease, or option at a price approved by the Director of Housing based on appraised value.

"Private club." See "Institution. "

"Private usable open space." See "Open space, usable, private."

"Project permit" or "Project permit application." See RCW 36.70B.020.

"Public atrium" means a public benefit feature consisting of an indoor public open space which provides opportunities for passive recreational activities and events, and for public gatherings, in an area protected from the weather, and including such amenities as seating, landscaping and artwork.

"Public benefit feature" means amenities, uses, and other features of benefit to the public in Downtown zones, which are provided by a developer and which can qualify for an increase in floor area. Examples include public open space, pedestrian improvements, housing, and provision of human services.

"Public Benefit Features Rule" means the DPD Director's Rule 20-93, subject heading Public Benefit Features: Guidelines for Evaluating Bonus and TDR Projects, Administrative Procedures and Submittal Requirements in Downtown Zones, to the extent the provisions thereof have not been superseded by amendments to, or repeal of, provisions of this title. References to the "Public Benefit Features Rule" for provisions on a particular subject also shall include, where applicable, any successor rule or rules issued by the Director to incorporate provisions on that subject formerly included in Rule 20-93, with any appropriate revisions to implement amendments to this title since the date of such rule.

"Public boat moorage" see "Boat moorage, Public".

"Public convention center" means a public facility of three hundred thousand (300,000) square feet or more, the primary purpose of which is to provide facilities for regional, national and international conventions and which is owned, operated or franchised by a unit of general or special-purpose government. A public convention center may include uses such as shops, personal services and restaurants which may be owned, operated or franchised by either a unit of generalor special-purpose government or by a private entity.

"Public display space." See "Museum."

"Public facility" means a public project or city facility.

"Public project" means a facility owned, operated or franchised by a unit of general or special-purpose government except The City of Seattle.

"Public school site, existing" means any property acquired and developed for use by or for the proposed public school before November 12, 1985. A public school site may be divided by streets or alleys.

"Public school site, new" means any property that has not been previously developed for use by the public school which is to be constructed, expanded or remodeled. A public school site may be divided by streets or alleys. A school property may include both a new school site and existing school sites.

23.84A.032 "R."

"Rail transit facility" see "Transportation facilities"

"Railroad switchyard" see "Vehicle storage and maintenance" under "Transportation facilities"

"Railroad switchyard with mechanized hump" see "Vehicle storage and maintenance" under "Transportation facilities"

"Receive-only communication device" see "Communication devices and utilities"

"Reception window obstruction" see "Communication devices and utilities"

"Recreational area, common" means an open space of appropriate size, shape, location and topographic siting to provide landscaping, pedestrian access or opportunity for recreational activity, either in or out of doors, for all the residents of a structure containing dwelling units. Parking areas and driveways are not common recreational areas.

"Recreational marina." See "Boat moorage" under "Parking and moorage" under "Transportation facilities."

"Recreational vehicle" means a wheeled vehicle designed for temporary occupancy with self-contained utility systems and not requiring a separate highway movement permit for highway travel. A recreational vehicle is not a dwelling unit.

"Recycling" see "Utility"

"Religious facility." See "Institution."

"Research and development laboratory" see "Laboratory, Research and development."

"Residential district identification sign" means an offpremises sign which gives the name of the group of residential structures, such as a subdivision or cluster development.

"Residential" means a use within a structure intended to be

occupied as a dwelling. Residential uses include but are not limited to the following:

1. "Adult family home" means a residential use as defined and licensed by The State of Washington in a dwelling unit.

2. "Artist studio/dwelling" means a combination working studio and dwelling unit for artists, consisting of a room or suite of rooms occupied by not more than one household.

3. "Assisted living facility" means a multifamily residential use licensed by The State of Washington as a boarding home pursuant to RCW 18.20, for people who have either a need for assistance with activities of daily living (which are defined as eating, toileting, ambulation, transfer [e.g., moving from bed to

chair or chair to bath], and bathing) or some form of cognitive impairment but who do not need the skilled critical care provided by nursing homes. An "assisted living facility" contains multiple assisted living units. An assisted living unit is a dwelling unit permitted only in an assisted living facility.

4."Caretaker's quarters" means a residential use accessory to a nonresidential use consisting of a dwelling unit not exceeding eight hundred (800) square feet of living area and occupied by a caretaker or watchperson.

5."Congregate residence" means a residential use in which rooms or lodging, with or without meals, are provided for nine (9) or more nontransient persons not constituting a single household, excluding single-family residences for which special or reasonable accommodation has been granted.

6. "Domestic violence shelter" means a dwelling unit managed by a nonprofit organization which provides housing at a confidential location and support services for victims of family violence.

7."Floating home" means a dwelling unit constructed on a float, which is moored, anchored or otherwise secured in the water.

8. "Mobile home park" means a residential use in which a tract of land is rented for the use of more than one (1) mobile home occupied as a dwelling unit.

9. "Multifamily structure" means a structure or portion of a structure containing two (2) or more dwelling units.

10. "Nursing home" means a residence, licensed by the state, that provides fulltime convalescent and/or chronic care for individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a residence. This definition excludes hospitals or sanitariums.

11. "Single-family dwelling unit" means a detached structure containing one (1) dwelling unit and having a permanent foundation. The structure may also contain an accessory dwelling unit.

"Restaurant." See "Eating and drinking establishment."

"Retail sales and services, Automotive" see "Sales and services, Automotive"

"Retail sales and services, General" see "Sales and services, General"

"Retail sales and services, Non-household." see "Sales and services, Heavy"

"Retail sales, Major durables" see "Sales and services, Heavy"

"Retail sales, Multi-purpose" see "Sales and services, General"

"Retail shopping" means a public benefit feature consisting of uses provided at street level which contribute to pedestrian activity and interest.

"Rezone" means an amendment to the Official Land Use Map to change the zone classification of an area.

"Right-of-way" means a strip of land platted, dedicated, condemned, established by prescription or otherwise legally established for the use of pedestrians, vehicles or utilities.

"Roadway" means that portion of a street improved, designed, or ordinarily used for vehicular travel and parking, exclusive of the sidewalk or shoulder. Where there is a curb, the roadway is the curbto-curb width of the street.

"Roof, shed." See "Shed roof."

"Rooftop feature" means any parts of or attachments to the structure which project above a roof line and which may or may not be exempt from zoning height limitations.

"Rooftop garden, interior-accessible" means a public benefit feature consisting of an open space located on the roof of a structure which is accessible to the public from the lobby of the building and which is located no more than two hundred forty (240) feet above grade, and which provides such amenities as landscaping, seating and artwork.

"Rooftop garden, street-accessible" means a public benefit feature consisting of an open space located on the roof of a structure which is accessible to the public from the street or a plaza and is no more than ten (10) feet above the elevation where public access is provided, and provides such amenities as landscaping, seating and artwork.

"Rules" means administrative regulations promulgated and adopted pursuant to this Land Use Code and the Administrative Code.

23.84A.036 "S."

"Sale and rental of large boats." See " Sales and services, Marine."

"Sale and rental of motorized vehicles." See "Sales and services, Automotive"

"Sale of boat parts and accessories." See "Sales and services, Marine"

"Sale of heating fuel." See "Commercial sales, Heavy" under "Sales and services, Heavy"

"Sales and rental of commercial equipment and construction materials." See "Commercial sales, Heavy" under "Sales and services, Heavy"

"Sales and services, Automotive." means a commercial use in which motorized vehicles or vehicle parts are rented, sold, serviced or repaired. Automotive sales and services uses exclude sales and services primarily relating to electric scooters or electric assisted bicycles. Automotive sales and services uses include but are not limited to the following:

1. "Retail sales and services, Automotive." means a Automotive sales and service use in which goods are rented or sold primarily for use in motor vehicles or minor services are provided to motor vehicles. Uses in this category may include gas stations, car washes, and minor repair of vehicles not falling under the definition of major automotive vehicle repair. Towing services with no more than two (2) trucks may be accessory use to a retail sales and services for vehicles use.

2. "Sales and rental of motorized vehicles" means an automotive sales and service use in which operable motorized vehicles, such as cars, trucks, buses, recreational vehicles or motorcycles, or related nonmotorized vehicles, such as trailers, are rented or sold.

3. "Vehicle repair, Major automotive" means an automotive sales and service use in which one (1) or more of the following activities are carried out:

a. Reconditioning of any type of motorized vehicle, including any repairs made to vehicles over ten thousand (10,000) pounds gross vehicle weight;

b. Collision services, including body, frame or

fender straightening or repair;

c. Overall painting of vehicles or painting of vehicles in a paint shop;

d. Dismantling of motorized vehicles in an enclosed structure.

"Sales and services, General" means a commercial use in which goods are rented or sold or services are provided primarily for household and personal use rather than for business establishments, institutions, or government agencies, but excluding medical services and uses in which goods are sold that primarily need to be delivered by truck such as building materials, major durables and/or heating fuel. General sales and services means one of the following uses:

1. "Retail sales and services, General" means a general sales and service use which is not a multi-purpose retail sales use. General retail sales and services include general retail sales uses, general services uses, and customer service office uses. Examples of general retail sales include but are not limited to uses such as bookstores, florists, and clothing stores. Examples of general services include but are not limited to uses such as shoe repair, hair cutting salons, pet grooming, dry cleaning. Customer service offices are uses in which services are provided to individuals and households in an office setting in a manner which encourages walk-in clientele and in which generally an appointment is not needed to conduct business, including but not limited to uses such as branch banks, travel agencies, brokerage firms, real estate offices, and government agencies that provide direct services to clients.

2. "Retail sales, Multipurpose" means a general sales and service use in which a wide range of items frequently purchased for household use are rented or sold. Examples of multi-purpose retail sales include but are not limited to grocery, hardware, drug, and variety stores.

"Sales and services, Heavy" means a commercial use in which goods are rented, sold or services are provided primarily to other business establishments, institutions or government agencies, or in which large items or goods are sold or rented to households or in which business establishments provide heavy commercial services to other business establishments. Heavy sales and service means one of the following:

1. "Retail sales and services, Non-household" means a heavy sales and service use in which goods and services are provided primarily for businesses, institutions and/or government agencies, rather than for households. Examples include but are not limited to business support services, and the sale of office or restaurant supplies. Non-household retail sales and services include, but are

not limited to:

a. "Business support services." means a nonhousehold retail sales and service use in which services are provided primarily for businesses, institutions and/or government agencies, rather than for households. Examples include but are not limited to blueprint companies, medical laboratories, merchant banks, assaying services and microfilming and copying services.

2. " Retail sales, Major durables" means a heavy sales and service use in which large household items, such as but not limited to furniture or appliances, are rented or sold.

3. "Commercial sales, Heavy" means a heavy sales and services use in which primarily goods that require delivery or pickup by truck are sold. Examples include but are not limited to the sale of construction materials, the sale of heating fuel, or the sale of industrial supplies. Generally these uses carry one type of product, rather than a wide variety of products. Sales may either be retail or wholesale, and are either made to businesses rather than to individual households, or are delivered directly to households without requiring customers to visit the business.

4. "Commercial services, Heavy" means a heavy sales and service use which provides services, often to businesses, which require significant truck traffic or the use, storage and disposal of chemicals as a significant part of the functioning of the business. Heavy commercial include but are not limited to the following:

a. "Commercial laundry" means a heavy commercial service in which items such as clothing and linens are cleaned. This definition includes uses such as laundering for hospitals, restaurants, hotels and diaper cleaning services, as well as rug and dry cleaning plants where on-premises retail services to individual households are incidental to the operation of the plant.

b. "Construction services" means a heavy commercial service in which construction contracting services, including the final processing of building materials such as but not limited to the mixing of concrete or the heating of asphalt, are provided; or in which construction equipment is stored, either in

conjunction with an office or as a separate use, but not including a construction site.

c. "Building maintenance services" means a heavy commercial service use which provides maintenance and cleaning services to other business establishments.

5. "Wholesale showroom" means a heavy sales and service use in which merchandise is displayed and sold at wholesale to business representatives for resale, rather than to the general public for direct consumption and which includes storage of goods for sale. Wholesalers which do not have auxiliary storage as a part of the use shall be considered administrative offices.

"Sales and services, Marine." means a commercial use in which boats, ships and other marine vessels are rented, sold, serviced or repaired. Marine sales and services means one or more of the following

1. "Vessel repair, major" means a marine retail sales and service use in which ferrous hulls are repaired; or in which boats and ships sixty-five (65) feet or more in length are converted, rebuilt, painted, repaired, or dismantled. Associated activities may include welding and sandblasting.

2. "Vessel repair, minor" means a marine retail sales and

service use in which one (1) or more of the following activities take place:

a. General boat engine and equipment repair;

b. The replacement of new or reconditioned parts;

c. Repair of nonferrous boat hulls under sixtyfive (65) feet in length;

d. Painting and detailing; and

e. Rigging and outfitting; but not including any operation included in the definition of "Vessel repair, major."

3. "Marine service station" means a marine retail sales and service use in which fuel for boats is sold, and where accessory uses including but not limited to towing or minor vessel repair may also be provided.

4. "Sale of boat parts or accessories" means a marine retail sales and service use in which goods are rented or sold primarily for use on boats and ships but excluding uses in which fuel for boats and ships is the primary item sold. Examples of goods sold include navigational instruments, marine hardware and paints, nautical publications, nautical clothing such as foulweather gear, marine engines, and boats less than sixteen (16) feet in length.

5. "Sale or rental of large boats" means a marine retail sales and service use in which boats sixteen (16) feet or more in length are rented or sold. The sale or rental of smaller boats is a major durables sales and service use minor transportation-related

sales and services use.

"Sales, service and rental of office equipment." See "Retail Sales and services, Non-household." under "Sales and services, Heavy"

"Sales, service and rental of commercial equipment and construction materials" see "Commercial sales, Heavy" under "Sales and services, General"

"Salvage and recycling" see "Utility"

"Sanitarium." See "Hospital."

"Satellite dish antenna." See "Communication devices and utilities"

"Scale" means the spatial relationship among structures along a street or block front, including height, bulk and yard relationships.

"Scenic route" means those streets designated by the Land Use Code as scenic routes.

"Scenic view section" means a section of the traveled way of a freeway, expressway, parkway, or scenic route the daily traffic along which includes a large number of motorists entering, passing through or leaving the City and from which there is a view of scenic beauty or historical significance, or of an array of urban features or natural prospects, or of a public park, or of lakes, bays, mountains, the harbor or the City skyline, and which has been so designated by this Code.

"School, elementary or secondary." See "Institution."

"Screen" means a continuous wall or fence that effectively obscures view of the property which it encloses and which is broken only for access drives and walks. See ("Parking screen.")

"Sculptured building top" means a public benefit feature consisting of the treatment of the upper portion of a building as an architectural feature which adds interest to the building by stepping back in a series of steps or by some other arrangement which gives a sculptural definition or aesthetic value to the top of a structure.

"SEPA" means the State Environmental Policy Act.

"Setback" means the required distances between every structure and the lot lines of the lot on which it is located.

"Sewage treatment plant." See "Utility."

"Shared-use facility" see "Communication devices and utilities"

"Shed roof" means a roof having only one (1) sloping plane.

"Shopping atrium" means a public benefit feature consisting of

a large enclosed space which is accessible to the public, and which provides a combination of retail stores and passive recreational space in a weather-protected, convenient, and attractive atmosphere for shoppers that also contributes to the activity and visual interest at street level.

"Shopping corridor" means a public benefit feature consisting of a passage which goes through a block and connects two avenues, and which is lined with retail uses, in order to make pedestrian circulation more convenient, provide more frontage for shops, give protection to pedestrians from inclement weather, and shorten walking distances.

"Short plat" means a map or representation of a short subdivision.

"Short plat approval, fully complete application." See "Application."

"Short subdivision" means the division or redivision of land into nine (9) or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, development or financing, and shall include all resubdivision of previously platted land and properties divided for the purpose of sale or lease of townhouse units.

"Shoulder" means the graded area between the roadway edge and the sidewalk, or slope line where there is no sidewalk, on the portion of a street where there are no curbs.

"Sidewalk" means a hard-surfaced pedestrian walkway, usually of Portland cement concrete, separated from the roadway by a curb, planting strip or roadway shoulder.

"Sidewalk widening" means a public benefit feature consisting of an extension of the surface of a sidewalk, generally onto private property, which is free of all permanent obstructions.

"Sight triangle" means the area on both sides of a driveway which must be clear of any obstruction to permit optimal visibility from the driveway to the sidewalk and street.

"Sign" means any medium, including structural and component parts, which is used or intended to be used to attract attention to the subject matter for advertising, identification or informative purposes.

"Sign, advertising" means a sign directing attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot where the sign is located.

"Sign, awning" means graphics on a fixed awning used or intended to be used to attract attention to the subject matter for advertising, identification, or informative purposes. An awning sign shall not be considered a fabric sign.

"Sign, business" means an on-premises sign directing attention to a business, profession, commodity, service or entertainment conducted, sold or offered on the lot where the sign is located. This definition shall not include signs located within a structure except those signs oriented so as to be visible through a window.

"Sign, canopy" means graphics on a canopy used or intended to be used to attract attention to the subject matter for advertising, identification, or information purposes. A canopy sign shall not be considered a fabric sign.

"Sign, changing-image" means a sign, including a sign using a video display method, which changes its message or background by means of electrical, kinetic, solar or mechanical energy, not including message board signs. A video display method is a method of display characterized by real-time, full-motion imagery of at least television quality.

"Sign, chasing" means a sign which includes one or more rows of lights which light up in sequence.

"Sign, combination" means any sign incorporating any combination of the features of freestanding, projecting, and roof signs. The individual requirements of roof, projecting and pole signs

shall be applied for combination signs incorporating any or all of the requirements specified in this Code.

"Sign, double-faced" means a sign which has two display surfaces in approximately parallel planes backed against each other or against the same background, one face of which is designed to be seen from one direction and the other from the opposite direction.

"Sign, electric" means any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

"Sign, environmental review" means a sign with dimensions of four (4) feet by eight (8) feet constructed of a durable material, required for public notice of proposed land use actions according to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

"Sign, externally illuminated" means a sign illuminated by an exterior light source.

"Sign, fabric" means a sign made of canvas, cloth or similar nonrigid material.

"Sign, flashing" means an electrical sign or portion of an electrical sign which changes light intensity in sudden transitory bursts. Flashing signs do not include changing image or chasing signs.

"Sign, freestanding" means a pole or ground sign.

"Sign, ground" means a sign that is six (6) feet or less in height above ground level and is supported by one (1) or more poles,

columns or supports anchored in the ground.

"Sign, identification" means any ground, wall or roof sign which displays only (1) the name, address and/or use of the premises; and/or (2) noncommercial messages.

"Sign kiosk" means a small freestanding sign structure visible to the public used for posting small signs.

"Sign, land use" means a sign with dimensions of at least eighteen (18) inches by twenty-four (24) inches but smaller than an environmental review sign, constructed of a durable material, required for public notice of proposed land use actions according to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

"Sign, large" means a sign four (4) by eight (8) feet, constructed of a durable material.

"Sign, marquee" means a sign placed on, constructed in or attached to a marquee.

"Sign, message board" means an electric sign which has a readerboard for the display of information, such as time, temperature, of public service or commercial messages, which can be changed through the turning on and off of different combinations of light bulbs within the display area.

"Sign, off-premises" means a sign relating, through its message and content, to a business activity, use, product or service not available on the premises upon which the sign is erected.

"Sign, off-premises directional" means an off-premises sign used to direct pedestrian or vehicular traffic to a facility, service, or business located on other premises within one thousand five hundred (1,500) feet of the sign. The message of such sign shall not include any reference to brand names of products or services whether or not available on such other premises; provided, that the name of the facility, service or business may be used.

"Sign, on-premises" means a sign or sign device used solely by the business establishment on the lot where the sign is located which displays either (1) commercial messages which are strictly applicable only to a use of the premises on which it is located, including signs or sign devices indicating the business transacted, principal services rendered, goods sold or produced on the premises, name of the business, and name of the person, firm or corporation occupying the premises; or (2) noncommercial messages. This definition shall not include signs located within a structure except those signs oriented so as to be visible through a window.

"Sign, on-premises directional" means an on-premises incidental sign designed to direct pedestrian or vehicular traffic.

"Sign, pole" means a sign wholly supported by a structure in the ground.

"Sign, portable" means a sign which is not permanently affixed and is designed for or capable of being moved, except those signs explicitly designed for people to carry on their persons or which are permanently affixed to motor vehicles.

"Sign, projecting" means a sign other than a wall sign, which projects from and is supported by a wall of a structure.

"Sign, public" means a sign in the right-of-way that is at least partially funded by public funds and is intended to carry messages of interest to the public.

"Sign, roof" means a sign erected upon or above a roof or

parapet of a building or structure.

"Sign, rotating" means a sign that revolves on a fixed axis.

"Sign, side-by-side" means advertising signs that are adjacent to each other on the same plane and facing in the same direction,

either on the same structure or within twenty-five (25) feet of one another.

"Sign, temporary" means any sign which is to be displayed for a limited period of time only, including but not limited to, banners, pennants, streamers, fabric signs, wind-animated objects, clusters of flags, festoons of lights and searchlights. A temporary sign may be of rigid or non-rigid construction.

"Sign, type of" means the following kinds of signs: Ground, roof, projecting, combination, wall, awning, canopy, marquee, undermarquee or pole signs.

"Sign, under-marquee" means a lighted or unlighted sign attached to the underside of a marquee.

"Sign, visually blocked" means an advertising sign that is located against or attached to a building, thereby visible from only one (1) direction. To be considered visually blocked, the advertising sign must be within eight (8) feet of any building wall or walls that are used to block the back side of the advertising sign and the advertising sign cannot project above or beyond the blocking wall or walls.

"Sign, wall" means any sign attached to and supported by a wall of a structure, with the exposed face of the sign on a plane parallel to the plane of the wall, or any sign painted directly on a building facade.

"Single-family dwelling unit." See "Residential use."

"Single-occupant facility" see "Telecommunication facility, Single-occupant" under "Communication devices and utilities"

"Skylight" means an opening in a roof which is covered with translucent or transparent material, designed to admit light, and incidental to the roof itself.

"Small lot development" means a public benefit feature through

which additional gross floor area is granted for development of small lots in certain downtown zones.

"Solar access" means the amount of unrestricted sunlight which reaches a structure, or portion thereof.

"Solar collector" means any device used to collect direct sunlight for use in the heating or cooling of a structure, domestic hot water, or swimming pool, or the generation of electricity.

"Solar greenhouse" means a solar collector which is a structure or portion of a structure utilizing glass or similar glazing material to collect direct sunlight for space heating purposes.

"Solid waste incineration facilities" see "Solid waste

management" under "Utility"

"Solid waste landfills" see "Solid waste management" under "Utility"

"Solid waste management" see "Utility"

"Solid waste transfer station." See "Solid waste management" under "Utility."

"Spectator sports facility." See "Theaters and spectator sports facilities" under "Entertainment"

"Sports and recreation, Indoor" see "Entertainment"

"Sports and recreation, Outdoor" see "Entertainment"

"Storage" means a use in which goods or products are stored long-term, more than (72) hours or awaiting transfer to other locations. Storage uses include but are not limited to the following uses:

1. "Mini-warehouse" means a storage use in which enclosed storage space divided into separate compartments no larger than five hundred (500) square feet in area is provided for use by individuals to store personal items or by businesses to store material for operation of a business establishment at another location.

2. "Warehouse" means a storage use in which space is provided in an enclosed structure for the storage of goods produced off-site, for distribution or transfer to another location.

3. "Storage, Outdoor" means a storage use in which an outdoor area is used for the long-term (more than seventy-two [72] hours) retention of materials, containers and/or equipment. Outdoor storage does not include sale, repair, incineration, recycling or discarding of materials or equipment. Outdoor storage areas are not accessible to the public unless an agent of the business is present. Outdoor parking areas for two (2) or more fleet vehicles of more than ten thousand (10,000) pounds gross vehicle weight shall also be

considered outdoor storage. Temporary outdoor storage of construction equipment and materials associated with an active permit to demolish or erect a structure and vehicle sales areas where motorized vehicles are stored for the purpose of direct sale to the ultimate consumer shall not be considered outdoor storage.

"Story" means that portion of a structure included between the surface of any floor and the surface of the floor next above, except that the highest story is that portion of the structure included between the highest floor surface and the ceiling or roof above.

"Street" means a right-of-way which is intended to provide or which provides a roadway for general vehicular circulation, is the principal means of vehicular access to abutting properties and includes space for utilities, pedestrian walkways, sidewalks and drainage. Any such right-of-way shall be included within this definition, regardless of whether it has been developed or not.

"Street, arterial" means every street, or portion thereof, designated as an arterial on Exhibit 23.53.015 A.

"Street, existing" means any street which is not a new street.

"Street facing facade" see "Facade, street facing".

"Street Improvement Manual" means a set of detailed standards for street, alley and easement construction, adopted by a joint Administrative Rule of Seattle Department of Transportation and the

Department of Planning and Development.

"Street-level" means an area at the same grade as an adjacent street or streets.

"Street-level facade"... see "Facade, street-level".

"Street, new" means a street proposed to be created through the platting process, or by dedication to the City as part of a development proposal.

"Street, private" means a named, private permanent access easement exceeding thirty-two (32) feet in width not dedicated to public use but which provides a roadway at least twenty-four (24) feet wide for internal use within a subdivision or development, and which includes sidewalks and space for utilities and drainage. A private street shall be treated as a street for purposes of

application of development standards to abutting properties.

"Streetscape" means the visual character of a street as determined by various elements such as structures, landscaping, open space, natural vegetation and view.

"Structural alterations" means any change in the supporting members of a building, such as foundations, bearing walls or bearing partitions, columns, beams or girders, or any structural change in the roof.

"Structure" means anything constructed or erected on the ground or any improvement built up or composed of parts joined together in some definite manner and affixed to the ground, including fences, walls and signs, but not including poles, flowerbed frames and such minor incidental improvements.

"Structure depth" means that dimension of a structure extending between the front and rear lot lines.

"Structure width" means that dimension of a structure extending between side lot lines.

"Structure, accessory." See "Accessory structure."

"Structure, detached" means a structure having no common or party wall with another structure.

"Structure, enclosed" means a roofed structure or portion of a structure having no openings other than fixed windows and such exits as are required by law, and which is equipped with self-closing doors.

"Structure, nonconforming." See "Nonconforming structure."

"Structure, principal." See "Principal structure."

"Structure, single-family." See "Single-family dwelling unit."

"Subdivision" means the division or redivision of land into ten (10) or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease and transfer of ownership.

"Submerged land" means all lands waterward of the ordinary high water mark or mean higher high water, whichever is higher.

"Substandard size lot" means a lot which contains less than the minimum size required for the zone in which it is located.

23.84A.038 "T."

"Tandem houses" means two (2) unattached ground-related dwelling units occupying the same lot.

"Tandem parking" means one (1) car parked behind another and where aisles are not provided.

"TDR" or "Transferable development rights," means development potential, measured in square feet of gross floor area, that may be transferred from a lot pursuant to provisions of this Title authorizing such transfer. Such terms do not include development credits transferable from rural King County. Such terms do not denote or imply that the owner of TDR has a legal or vested right to construct or develop any project or to establish any use.

"TDR, housing" means TDR that are eligible for transfer based on the status of the sending lot as a housing TDR site and, if they would be eligible for transfer on any other basis, are designated by the applicant seeking to use such TDR on a receiving lot as housing TDR.

"TDR, Landmark" means TDR that are eligible for transfer based on the landmark status of the sending lot or a structure on such lot, except housing TDR.

"TDR, open space" means development rights that may be transferred from a lot or lots based on the provision of public open

space meeting certain standards on that lot.

"TDR site, open space" means a lot that has been approved by the Director as a sending lot for open space TDR, which approval is still in effect, and for which all the conditions to transfer open space TDR have been satisfied.

"Terraced housing" means a multi-family structure located on a

sloping site in which a series of flat rooftops at different heights function as open space for abutting units.

"Theaters and spectator sports facilities" see "Entertainment"

"Topographic break" means a separation of two (2) areas by an abrupt change in ground elevation.

"Towing service." see "Parking and moorage" under "Transportation facilities".

"Townhouse" means a form of ground-related housing in which individual dwelling units are attached along at least one (1) common wall to at least one (1) other dwelling unit. Each dwelling unit occupies space from the ground to the roof and has direct access to private open space. No portion of a unit may occupy space above or below another unit, except that townhouse units may be constructed over a common shared parking garage, provided the garage is underground.

"Transferable development rights" see "TDR"

"Transit facility, Rail" see "Transportation facilities"

"Transit station, light rail" see "Rail transit facility" under "Transportation facilities.

"Transit station access easement" means an easement for a pedestrian route or connection to provide direct access from street level to transit tunnel stations and concourses and/or light rail transit facilities.

"Transit station access, grade-level" means a pedestrian connection which provides direct access from street level to transit tunnel stations or concourses and/or light rail transit facilities at approximately the same level as the station mezzanine.

"Transit station access, mechanical" means a pedestrian connection that incorporates a mechanical device, such as an escalator, to provide direct access from street level to transit tunnel stations and concourses and/or light rail transit facilities.

"Transit vehicle base" see "Bus base" under "Vehicle storage and maintenances" under "Transportation facilities"

"Transparent" means clear or lightly tinted glass in windows, doors and display windows.

"Transmission tower" see "Communications utilities and devices"

"Transportation facilities" means a use that supports or provides a means of transporting people and/or goods from one location to another. Transportation facilities include but are not limited to the following:

1. "Rail transit facilities " means a transportation facilities used for public transit by rail. Rail transit facilities include but are not limited to the following:

a. "Light rail transit system" means a public rail transit line that operates at grade level, above grade level, or in a tunnel and that provides high-capacity, regional transit service owned or operated by a regional transit authority authorized under Chapter 81.112 RCW. A light rail transit system may be designed to share a street right-of-way although it may also use a separate right-of-way. Commuter rail, and low capacity, or excursion rail transit service, such as the Waterfront Streetcar or Seattle

Monorail, are not included.

b. "Light rail transit facility" means a structure, rail track, equipment, maintenance base or other improvement of a light rail transit system, including but not limited to ventilation structures, traction power substations, light rail transit stations and related passenger amenities, bus layover and intermodal passenger transfer facilities, and transit station access facilities.

c. "Light rail transit station" means a light rail transit facility whether at grade, above grade or below grade that provides pedestrian access to light rail transit vehicles and facilitates transfer from light rail to other modes of transportation. A light rail transit station may include mechanical devices such as elevators and escalators to move passengers and may also include such passenger amenities as informational signage, seating, weather protection, fountains, artwork or concessions.

d. "Monorail transit system" means a transportation system that uses train cars running on a guideway, along with related facilities, owned or operated by a city transportation authority.

e. "Monorail transit facility" means a structure, guideway, equipment, or other improvement of a monorail transit system, including but not limited to monorail transit stations and related passenger amenities, power substations, maintenance and/or operations centers.

f. "Monorail guideway" means the beams, with their foundations and all supporting columns and structures, including incidental elements for access and safety, along which a city

transportation authority monorail train runs.

g. "Monorail transit station" means a monorail transit facility, whether at grade or above grade, that provides pedestrian access to monorail transit trains and facilitates transfer from monorail to other modes of transportation. A monorail transit station may include mechanical devices such as elevators and

escalators to move passengers, and may also include such passenger amenities as informational signage, seating, weather protection, fountains, artwork or concessions.

2. "Air transportation facilities" means one of the following transportation facilities:

a. "Airport, land-based" means a transportation facility used for the takeoff and landing of airplanes.

b. "Airport, water-based" means a transportation facility used exclusively by aircraft which take off and land directly on the water.

c. "Heliport" means a transportation facility in which an area on a roof or on the ground is used for the takeoff and landing of helicopters or other steepgradient aircraft, and one (1) or more of the following services are provided: cargo facilities, maintenance and overhaul, fueling service, tie-down space, hangers and other accessory buildings and open spaces.

d. "Helistop" means a transportation facility in which an area on a roof or on the ground is used for the takeoff and landing of helicopters or other steepgradient aircraft, but not including fueling service, hangars, maintenance, overhaul or tie-down space for more than one (1) aircraft.

3. "Passenger terminal" means a transportation facility where passengers embark on or disembark from carriers such as ferries, trains, buses or planes that provide transportation to passengers for hire by land, sea or air. Passenger terminals typically include some or all of the following: ticket counters, waiting areas, management offices, baggage handling facilities, restroom facilities, shops and restaurants. A passenger terminal use on the waterfront may include moorage for cruise ships and/or vessels engaged in transporting passengers for hire. Activities commonly found aboard such vessels, whether moored or under way, that are incidental to the transport of passengers shall be considered part of the passenger terminal use and shall not be treated as separate uses. Metro street bus stops, monorail transit stations, and light rail transit stations are not included in this definition. Also excluded

is the use of sites where passengers occasionally embark on or disembark from transportation in a manner that is incidental to a different established principal use of the site.

4. "Vehicle storage and maintenance" means a transportation facility where facilities for vehicle storage and maintenance are provided. Vehicle storage and maintenance uses include but are not limited to:

a. "Transportation services, Personal" means a vehicle storage and maintenance use in which either emergency transportation to hospitals, or general transportation by car, van, or limousine for a fee is provided. Such uses generally include dispatching offices and facilities for vehicle storage and maintenance.

b. "Bus base" means a transportation facility in which a fleet of buses is stored, maintained, and repaired.

c. "Railroad switchyard" means a vehicle storage and maintenance use in which:

(1) Rail cars and engines are serviced and

repaired; and

(2) Rail cars and engines are transferred between tracks and coupled to provide a new train configuration.

d. "Railroad switchyard with a mechanized hump" means a railroad switchyard which includes a mechanized classification system operating over an incline.

5. "Parking and moorage" means a transportation facility which is intended to be used for the short term or long term storage of automotive vehicles and vessels when not in use. Parking and moorage uses include but are not limited to:

a. "Parking, principal use" means a parking and moorage use in which an open area or garage is provided for the parking of vehicles by the public, and is not reserved or required to accommodate occupants, clients, customers or employees of a particular establishment or premises. Principal use parking includes but is not limited to the following uses:

(1) "Park and ride lot" means a principal use parking use where commuters park private vehicles and either join together in carpools or vanpools, or board public transit at a stop located in the park and ride lot.

(2) "Park and pool lot" means a principal use parking use, operated or approved by a public ridesharing agency, where commuters park private vehicles and join together in carpools or vanpools for the ride to work and back, or board public transit at a stop located outside of the park and pool lot.

b. "Towing services" means a parking and moorage use in which more than two (2) tow trucks are employed in the hauling of motorized vehicles, and where vehicles may be impounded, stored or sold, but not disassembled or junked.

c. "Boat moorage" means a parking and moorage use, in which a system of piers, buoys or floats is used to provide moorage for vessels except barges, for sale or rent usually on a monthly or yearly basis. Minor vessel repair, haul out, dry boat storage, and other services are also often provided. Boat moorage includes, but is not limited to:

(1) "Commercial moorage" means a boat moorage primarily intended for commercial vessels except barges.

(2) "Recreational marina" means a boat moorage primarily intended for pleasure craft. (See also, "Boat Moorage, Public")

d. "Dry boat storage" means a parking and moorage use, in which space on a lot on dry land, or inside a building over water or on dry land, is rented or sold to the public or to members of a yacht or boating club for the purpose of storing boats. Sometimes referred to as "dry storage."

6. "Cargo Terminal" means a transportation facility in which quantities of goods or container cargo are, without undergoing any manufacturing processes, transferred to other carriers or stored outdoors in order to transfer them to other locations. Cargo terminals may include accessory warehouses, railroad yards, storage yards, and offices.

"Traveled way" means the portion of a freeway, expressway, parkway, and their entrance or exit ramps, or scenic route, exclusive of shoulders, used for the movement of vehicles.

"Triplex" means a single structure containing three (3) dwelling units.

23.84A.040 "U."

"Underground" means entirely below the surface of the earth excluding access.

"University." See "Institution."

"Urban plaza." See "Plaza, urban."

"Urban center" means an area designated as an urban center in Seattle's Comprehensive Plan.

"Urban center village" means a portion of a larger urban center designated as an urban center village in Seattle's Comprehensive Plan.

"Urban village" for the purposes of this definition means an area in Seattle's Comprehensive Plan designated as an urban center, hub urban village or residential urban village.

"Urban village, Hub" means an area in Seattle's Comprehensive Plan designated as a hub urban village.

"Urban village, Residential" means an area in Seattle's Comprehensive Plan designated as a residential urban village.

"Usable new office space" means the gross floor area of a structure, which floor area is created by new construction for principal office use, rather than by changing the use of floor area to office use in a building existing as of the effective date of the ordinance codified in this definition.

"Usable open space." See "Open space, usable."

"Use" means the purpose for which land or a structure is designed, built, arranged, intended, occupied, maintained, let or leased.

"Use, conditional." See "Conditional use."

"Use, nonconforming." See "Nonconforming use."

"Utility" means a facility in which power, water and other similar items are provided or transmitted; or sewage is treated, or solid waste is stored, or transferred, recycled or incinerated. High-impact uses shall not be considered utilities. Utilities include but are not limited to the following uses:

1. "Utilities service uses" means a utility use which provides the system for transferring or delivering power, water, sewage, stormwater runoff, or other similar substances. Examples include electrical substations, pumping stations, and trolley transformers.

2. "Communication utilities, Minor" see "Communication devices and utilities"

3. "Communication utilities, Major" see "Communication devices and utilities"

4. Recycling means a utility use in which recyclable materials are collected, stored, and/or processed, by crushing, breaking, sorting and/or packaging, but not including the collection of recyclable materials accessory to another use or any use which is defined as a solid waste management use.

5. "Solid waste management" means a utility use in which solid waste other than recyclable materials is collected, stored, processed or incinerated. Solid waste management includes, but is not limited to, the following uses:

a. "Solid waste transfer station" means a solid waste management use in which discarded materials are collected for transfer to another location for disposal by compaction, shredding or separating, but does not include processing that changes the chemical content of the material.

b. "Solid waste landfills" means a solid waste management use at which solid waste is permanently placed in or on land, including sanitary landfills and compliance cell landfills.

c. "Salvage yard" means a solid waste management use in which junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, housewrecking yards, and places or yards for storage of salvaged house-wrecking and structural steel materials and equipment. A "salvage yard" shall not be construed to include such activity when conducted entirely within an enclosed building, nor pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, used or salvaged machinery in operable condition or the processing of used, discarded or salvaged materials as a minor part of manufacturing operations.

d. "Solid waste incineration facilities" means a solid waste management use in which solid waste is reduced by mass burning, prepared fuel combustion, pyrolysis or any other means, regardless of whether or not the heat of combustion of solid waste is used to produce power. Heat-recovery incinerators and the incidental production of electricity or useful heating or mechanical energy, or cogeneration, shall not be considered a solid waste incineration facility.

6. "Sewage treatment plant" means a utility use in which sanitary or combined sewage is received, treated, and discharged, but does not include: Conveyance lines and associated underground storage facilities; pumping stations; or commercial or industrial facilities for "pretreatment" of sewage prior to discharge into the sewer system.

7. "Power plant" means a utility use in which power in the form of steam or electricity is produced by wind, solar or water forces or in which the combustion of materials such as coal, oil, gas and/or steam is produced by combustion or electricity. A nuclear power plant, solid waste incineration facility and the concurrent incidental production of electricity or useful heating or mechanical energy, or cogeneration, as well as the recovery of waste heat, shall not be considered a power plant. The sale of excess energy produced as a by-product of property owners using solar energy or other sources of natural energy as an accessory use shall not be considered a power plant.

23.84A.042 "V."

"Vacation (of public right-of-way)" means an action taken by the Council which terminates or extinguishes a right-of-way easement when it is no longer necessary for a public right-of-way.

"Vanpool" means a highway vehicle with a seating capacity of eight (8) to fifteen (15) persons, including the driver, which is used primarily to transfer a group of three (3) or more employees between home and work.

"Variance" means relief from certain provisions of the Land Use Code authorized by the Director or Council after determining that the criteria established for the granting of variances have been satisfied.

"Vehicle repair, minor." See "Retail sales and services, automotive" under "Sales and services, Automotive"

"Vehicle repair, major" see "Sales and services, Automotive"

"Vessel repair, major" see "Sales and services, Marine"

"Vessel repair, minor." See "Sales and services, Marine"

"Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity.

"Vocational or fine arts school." See "Institution."

23.84A.044 "W."

"Wall, exterior" means an upright member of a structure which forms the boundary between the interior and exterior of that structure.

"Warehouse" see "Storage"

"Whip antenna" see "Communications devices and utilities".

"Wholesale showroom" see "Sales and services, Heavy"

"Width, structure." See "Structure width."

"Work release center" means a facility providing an alternative to imprisonment, including prerelease and work/training release programs which are under the supervision of a court, or a federal, state or local agency. This definition excludes at-home electronic surveillance.

23.84A.046 "Y."

"Yard." See "Yard, front," "Yard, side" and "Yard, rear."

"Yard, front" means an area from the ground upward between the side lot lines of a lot, extending from the front lot line to a line on the lot parallel to the front lot line, the horizontal depth of which is specified for each zone.

"Yard, rear" means an area from the ground upward between the side lot lines of a lot, extending from the rear lot line to a line on the lot parallel to the rear lot line, the horizontal depth of which is specified for each zone.

"Yard, side" means an area from the ground upward between the front yard (or front lot line if no front yard is required); and the rear yard (or rear lot line if no rear yard is required); and extending from a side lot line to a line on the lot, parallel to the side lot line, the horizontal depth of which is specified for each zone.

23.84A.048 "Z."

"Zero (0) lot line construction" means a structure, or structures, sited on one (1) or more lot lines with no yard.

"Zone" means a portion of the City designated on the Official Land Use Map of The City of Seattle within one (1) of the land use classifications.

"Zone, commercial" means the following zones regulated by Title 23: NC1, NC2, NC3, C1, C2 and SM.

"Zone, downtown" means the following zones regulated by Title 23: DOC1, DOC2, DRC, DMC, DMR, IDM IDR, PSM, PMM, DHI and DH2.

"Zone, industrial" means the following zones regulated by Title 23: General Industrial 1, General Industrial 2, Industrial Buffer and Industrial Commercial.

"Zone, lowrise" means Lowrise Duplex/Triplex, Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 multifamily residential zones.

"Zone, multifamily" means Lowrise Duplex/Triplex (LDT), Lowrise 1 (L1), Lowrise 2 (L2), Lowrise 3 (L3), Lowrise 4 (L4), Midrise (MR), Midrise/85 (MR/85), Highrise (HR) zones.

"Zone, neighborhood commercial" means the following zones regulated by Title 23: Neighborhood Commercial 1, Neighborhood Commercial 2, and Neighborhood Commercial 3.

"Zone, pedestrian oriented commercial" means the following zones regulated by Title 23: Neighborhood Commercial 1, Neighborhood Commercial 2, and Neighborhood Commercial 3.

"Zone, residential" means the following zones regulated by Title 23: SF9600, SF7200, SF5000, RSL, LDT, L1, L2, L3, L4, MR, HR, RC, DMR and IDR.

"Zone, single family" means the following zones regulated by Title 23: SF5000, SF7200 and SF9600. Solely for the purposes of the provisions of this title that impose standards or regulations based upon adjacency or any other juxtaposition or relationship to a single-family zone, "zone, single family" also shall include any RSL or RSL/T zone.

Section 68. A new Section 23.86.022 of the Seattle Municipal Code, is adopted to read as follows:

23.86.022 Street-facing facades.

A. A structure's street facing facade is measured by drawing the least rectangle that encloses the structure and measuring the length of the side of that rectangle most closely parallel to the front of street-side lot line(s) (Exhibit 23.86.022 A).

Section 69. A new Section 23.86.023 of the Seattle Municipal Code, is adopted to read as follows:

23.86.023 Street-level facades.

A. A structure's street level facade is the portion of the facade that encloses the first story of a structure. Along sloped streets that span more than one story of a structure, the streetlevel facade encloses floors that are within 4 feet of sidewalk grade (Exhibit 23.86.023 A).

Section 70. Subsection A of Section 23.91.002 of the Seattle Municipal Code, which section was last amended by Ordinance 119837, is amended as follows:

23.91.002 Scope.

A. Violations of the following provisions of Seattle Municipal Code Title 23 shall be enforced under the citation or criminal provisions set forth in this Chapter 23.91:

1. Junk storage (as defined in SMC Section 23.84A .020) in residential zones (Sections 23.44.006, 23.44.040, 23.45.004, and 23.45.140);

2. Construction or maintenance of structures in required yards or setbacks in residential zones (Sections 23.44.014, 23.44.040, 23.45.005, 23.45.014, 23.45.056, and 23.45.072);

3. Parking of vehicles in a single-family zone (Section 23.44.016);

4. Keeping of animals (Sections 23.44.048 and 23.45.148)(Section 23.42.050); and

5. Home occupations (Sections 23.44.050 and 23.45.152) (Section 23.42.052).

* * *

Section 71. Section 25.08.225 of the Seattle Municipal Code, which section was last amended by Ordinance 121192, is amended as follows:

25.08.225 Residential disturbance.

"Residential disturbance" means a gathering of more than one (1) person at a residential property located in a single family or multifamily zone, as defined in SMC Section 23.84A.048 between the hours of ten (10:00) p.m. (eleven (11:00) p.m. on Friday and Saturday nights) and seven (7:00) a.m. at which noise associated with the gathering is frequent, repetitive or continuous and is audible to a person of normal hearing at a distance of seventy -five (75) feet or more from the property.

Section 72. The official Land Use Map, Chapter 23.32 of the Seattle Municipal Code is amended to rezone all property currently zoned Pedestrian 1 or Pedestrian 2 to Pedestrian.

Section 73. Section 23.41.010 of the Seattle Municipal Code, which Section was last amended by Council Bill 115170, is amended as follows:

23.41.010 Design review guidelines.

A. The "Guidelines for Multifamily and Commercial Buildings, 1998 (Amended 2005)" and neighborhood design guidelines approved by the City Council and identified in subsection B of this section, 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 2005)" 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 2005)" or "Guidelines for Downtown Development, 1999," the neighborhood design guidelines shall prevail.

***

Section 74. Exhibit G to this ordinance: Amendments to the "Guidelines for Multifamily and Commercial Buildings, 1998", is hereby adopted as Section D to the "Guidelines for Multifamily and Commercial Buildings, 1998", replacing the previously adopted Section D to "Guidelines for Multifamily and Commercial Buildings, 1998".

Section 75. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2005, and signed by me in open session in authentication of its passage this _____ day of __________, 2005.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2005.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2005.

____________________________________

City Clerk

(Seal)

Exhibits:

Exhibit A: Amendments to the "Guidelines for Multifamily and Commercial Buildings, 1998"

Exhibit A: Amendments to the "Guidelines for Multifamily and Commercial Buildings, 1998"

Section D of the "Guidelines for Multifamily and Commercial Buildings, 1998" is replaced with the following new Section D.

Jory Phillips/Lish WhitsonMargaret Klockars/Bob Morgan/dlk/bm/bb

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