AN ORDINANCE relating to land use and zoning; adding a new Section 23.53.035 regarding structural building overhangs to the Seattle Municipal Code and amending Sections 23.22.062, 23.24.045, 23.44.016, 23.44.080, 23.49.212, 23.76.004, 23.76.006, and 23.84.024 of the Seattle Municipal Code to clarify code provisions, correct oversights, errors and omissions, and to make certain substantive amendments.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection A of Section 23.22.062 of the Seattle Municipal Code (SMC), which Section was added by Ordinance 119239, is amended as follows:

23.22.062 Unit lot subdivisions.

A. The provisions of this Section apply exclusively to the unit subdivision of land for townhouses, cottage housing developments, and residential clustered housing developments in Single Family, Residential Small Lot and Lowrise zones, and single family residences in Lowrise zones where such uses are permitted.

Section 2. Subsection A of Section 23.24.045 of the Seattle Municipal Code, which Section was last amended by Ordinance 119239, is amended as follows:

23.24.045 Unit lot subdivisions.

A. The provisions of this Section apply exclusively to the unit subdivision of land for townhouses, cottage housing developments, and residential clustered housing developments in Single Family, Residential Small Lot and Lowrise zones, and single family residences in Lowrise zones where such uses are permitted.

Section 3. Subsection B of Section 23.44.016 of the Seattle Municipal Code, which Section was amended by Ordinance 118794, is amended as follows:

23.44.016 Parking location and access.

B. Parking on Lot of Principal Use.

Except as otherwise provided in this subsection, accessory parking shall be located on the same lot as the principal use.

Parking on planting strips is prohibited.

3. No more than three (3) vehicles may be parked outdoors on any lot.

43. Parking accessory to a floating home may be located on another lot if within six hundred (600) feet of the lot on which the floating home is located.

54. Parking accessory to a single-family structure existing on June 11, 1982 may be established on another lot if all the following conditions are met:

a. There is no vehicular access to permissible parking areas on the lot.

b. Any garage constructed is for no more than two (2) two (2) axle or two (2) up-to-four (4) wheeled vehicles.

c. Any garage is located and screened or landscaped per Section 23.44.016 E if applicable, as required by the Director who shall consider development patterns of the block or nearby blocks.

d. The lot providing the parking is within the same block or across the alley from the principal use lot.

e. The accessory parking shall be tied to the lot of the principal use by a covenant or other document recorded with the King County Department of Records and Elections.

65. Trailers, boats, recreational vehicles and similar equipment shall not be parked in required front and side yards.

Section 4. Subsection D of Section 23.44.080 of the Seattle Municipal Code, which Section was last amended by Ordinance 119242, is amended as follows:

23.44.080 Nonconforming uses.

D. Alterations to nonconforming residential uses.

1. The number of dwelling units in a nonconforming residential use shall not be increased. For a nonconforming residential use that was not a multifamily use, the number of residents may not be increased beyond the maximum number that was allowed by the standards of the zone at the time of approval or, if permitted by conditional use, the number shall not be allowed to increase above that number permitted by the conditional use approval.

2. A structure occupied by a nonconforming residential use may be maintained, repaired, renovated, or structurally altered:

a. as necessary to improve access for the elderly and disabled;

b. to construct structural features including, but not limited to, exterior decks and balconies, bay windows, dormers, eaves and solar collectors added to a principal structure, or a new or expanded accessory structure may be constructed, provided that the addition or new structure conforms to the development standards of the zone;

c. only on lots of less than ten thousand (10,000) square feet, to construct an addition which meets development standards for single family construction and does not exceed any of the following conditions:

(1) five hundred (500) square feet of additional gross floor area;

(2) the average height of the closest principal structures on either side.

d. by special exception, Type II Master Use Permit, to construct an addition which that exceeds one or more of the conditions listed in subsection D2c above but is within the development standards permitted for single family development. DCLU may approve or approve with conditions the special exception only if the lot is less than ten thousand (10,000) square feet and only if the project is compatible with the surrounding development in terms of:

(1) architectural character;

(2) existing streetscape and pattern of yards; and

(3) scale and proportion of principal structures.

e. If an addition proposed under subsections D2c or D2d above would require additional parking under the requirements of Section 23.54.015 for multifamily structures, then that additional parking shall be provided.

* * *

Section 5. Subsection D of Section 23.49.212 of the Seattle Municipal Code, which Section was last amended by Ordinance 119484, is further amended as follows:

23.49.212 International District Mixed, transfer of development rights.

D. Transfer of Development Rights Agreements.

1. The fee owners of the sending and receiving lots shall execute a deed or other agreement which shall be recorded with the title to both lots.

2. The agreement or deed shall be for a term that which equals or exceeds the life of the project on the receiving lot for which the rights were transferred.

3. For transfers from low income housing or low and low-moderate income housing TDR sites, the agreement shall provide for the maintenance of the low income housing or low and low-moderate income housing and, if applicable, the social service uses necessary to qualify the sending lot as a low income housing or low and lowmoderate income housing TDR site as defined in Section 23.84.024, on the sending lot for a minimum of twenty (20) years.

4. The agreement or deed shall state that the development rights transferred from the sending lot to the receiving lot may not be reclaimed unless the project on the receiving lot, or that portion of the project for which the rights were transferred, is demolished. The deed or agreement shall also provide that its covenants or conditions shall run with the land and shall be specifically enforceable by any party or by The City of Seattle.

Section 6. A new Section, 23.53.035, is hereby added to the Seattle Municipal Code (SMC) to read as follows:

23.53.035 Structural building overhangs.

Structural building overhangs are encroachments into public property that include cornices, eaves, sills, belt courses, bay windows, balconies, facade treatment and other architectural features. They shall be designed in accordance with the standards set forth in this section and rules promulgated by the Director. Structural building overhangs, when approved, shall meet the following requirements:

Vertical clearance shall be a minimum of eight feet (8') from the sidewalk or 26 feet (26') from an alley, or greater when required by other regulations.

Overhead horizontal projections of a purely architectural or decorative character such as cornices, eaves, sills, and belt courses shall be limited to a maximum horizontal extension of one foot (1') and maximum vertical dimension of two feet (2') six inches (6"), and shall not increase the floor area or the volume of space enclosed by the building. At roof level, the projections may extend not more than three feet horizontally. The vertical dimension of the overhead horizontal projection at the roof level may be increased if the roof level is one hundred feet (100') or higher above the street elevation. The total area of these projections shall not exceed thirty percent (30%) of the area of any one famayade (See Exhibit 23.53.035-A).

Exhibit 23.53.035-A

Exceptions to the standards in this section may be authorized for historic or rehabilitated buildings, when they are consistent with the scope and intent of these standards. Vertical bay (projecting) windows, balconies (other than balconies used for primary access), and similar features that increase either the floor area of the building or the volume of space enclosed by the building above grade, shall be limited as follows: a. The maximum horizontal projection shall be three feet (3') and the projection shall in no case be closer than eight feet (8') to the center line of any alley (See Exhibit 23.53.035-B).

b. The glass areas of each bay window, and the open portions of each balcony, shall not be less than 50 percent (50%) of the sum of the areas of the vertical surfaces of such bay window or balcony above the required open area. At least one-third (1/3) of such required glass area of such bay window, and open portions of such balcony, shall be on one or more vertical surfaces situated at an angle of not less than thirty degrees (30o) to the line establishing the required open area. In addition, at least one-third (1/3) of such required glass area or open portions shall be on the vertical surface parallel to, or most nearly parallel to, the line establishing each open area over which the bay window or balcony projects.

Exhibit 23.53.035-B

c. The maximum length of each bay window or balcony shall be fifteen feet (15') at the line establishing the required open area, and shall be reduced in proportion to the distance from such line by means of forty-five degree (45 o) angles drawn inward from the ends of such fifteen foot (15') dimension, reaching a maximum of nine feet (9') along a line parallel to and at a distance of three feet (3') from the line establishing the open area (See Exhibit 23.53.035-C).

Exhibit 23.53.035-C

d. Where a bay window and a balcony are located immediately adjacent to one another, and the floor of such balcony in its entirety has a minimum horizontal dimension of six feet (6'), the limit set in 4c above, shall be increased to a maximum length of eighteen feet (18') at the line establishing the required open area, and a maximum of twelve feet (12') along a line parallel to and at a distance of three feet (3') from the line establishing the required open area (See Exhibit 23.53.035-D).

Exhibit 23.53.035-D

e. The minimum horizontal separation between bay windows, between balconies, and between bay windows and balconies (except where a bay window and a balcony are located immediately adjacent to one another, as provided for in 4d above), shall be two feet (2') at the line establishing the required open area, and shall be increased in proportion to the distance from such line by means of one hundred and thirty-five degree (135 ) angles drawn outward from the ends of such two-foot (2') dimension, reaching a minimum of eight feet (8') along a line parallel to and at a distance of three feet (3') from the line establishing the required open area (See Exhibits 23.53.035-E).

Exhibit 23.53.035-E

f. Each bay window or balcony over a street or alley shall also be horizontally separated from interior lot lines (except where the wall or a building on the adjoining lot is flush to the interior lot line immediately adjacent to the projecting portions of such bay window or balcony) by not less than one foot (1') at the line establishing the required open area, with such separation increased in proportion to the distance from such line by means of a one hundred thirty-five degree (135 o) angle drawn outward from such one-foot (1') dimension, reaching a minimum of four feet (4') along a line parallel to and at a distance of three feet (3') from the line establishing the required open area (See Exhibit 23.53.035-F).

Exhibit 23.53.035-F

B. Submittal Requirements.

1. An application for a structure containing features overhanging the public right-of-way must show the following:

a. Dimensions on the site plan for canopies that overhang no closer than six feet (6 ') to the curb.

b. Windows in any bays.

c. Where the SEATRAN Landscape Architect indicates that retention of the street trees would be unfeasible, indicate planting of new street trees of at least four inch (4") caliper.

Section 7. Exhibit A of Section 23.76.004, which exhibit was last amended by Ordinance 119096, is amended as follows:

Exhibit 23.76.004 A

LAND USE DECISION FRAMEWORK

Director's and Hearing Examiner's Decisions Requiring Master Use Permits

TYPE I TYPE II TYPE III Director's Decision Director's Decision Hearing (No Administrative (Appealable to Hearing Examiner's Appeal) Examiner*) Decision (No Administrative Appeal)

Compliance with Temporary uses, more than four Subdivisions development standards weeks (Preliminary Uses permitted outright Certain street uses Plats) Temporary uses, four Variances weeks or less Administrative conditional Certain street uses uses Lot boundary Shoreline decisions adjustments (*Appealable to Shorelines Modifications of Hearings Board along with all features bonused under related environmental appeals) Title 24 Short subdivisions Determinations of Special exceptions significance (EIS Design Review required) except for Northgate General Development determinations of Plan significance based The following environmental solely on historic and determinations: cultural preservation 1. Determination of Temporary uses, twelve nonsignificance (EIS not months or less, for required) relocation of police 2. Determination of final EIS and fire protection adequacy Exemptions from 3. Determinations of right-of-way significance based solely on improvement historic and cultural requirements preservation Special accommodation 4. A decision by the Director Reasonable to approve, condition or deny accommodation a project based on SEPA Minor amendment to a Policies Major 5. A decision by the Director Phased Development that a project is consistent Permit with a Planned Action Ordinance and EIS (no threshold determination or EIS required) Major Phased Development

Council Land Use Decisions

TYPE IV TYPE V (Quasi-Judicial) (Legislative)

Land use map amendments (Rezones) Land Use Code text amendments Public project approvals Rezones to implement new City Major institution master plans Policies Council conditional uses Concept approval for City Downtown planned community facilities developments Major Institution designations Waive or modify development standards for City facilities Planned Action Ordinance

Section 8. Subsections B and C of Section 23.76.006, which Section was amended by Ordinance 119096, is amended as follows:

23.76.006 Master Use Permits Required.

B. The following decisions are Type I:

1. Determination that a proposal complies with development standards:;

2. Establishment or change of use for uses permitted outright, temporary uses for four (4) weeks or less not otherwise permitted in the zone, and temporary relocation of police and fire stations for twelve (12) months or less;

3. The following street use approvals associated with a development proposal:

a. Curb cut for access to parking,;

b. Concept approval of street improvements, such as additional onstreet parking, street landscaping, curbs and gutters, street drainage, sidewalks, and paving;

c. Sidewalk cafes, provided that Type II notice procedures shall be followed for sidewalk cafe approvals;

d. Structural building overhangs;

e. Areaways;

4. Lot boundary adjustments;

5. Modification of the following features bonused under Title 24:

a. Plazas,

b. Shopping plazas,

c. Arcades,

d. Shopping arcades,

e. Voluntary building setbacks;

6. Determinations of Significance (determination that an Environmental Impact Statement is required) for Master Use Permits and for building, demolition, grading and other construction permits (supplemental procedures for environmental review are established in Chapter 25.05, SEPA Policies and Procedures), except for Determinations of Significance based solely on historic and cultural preservation;

7. Discretionary exceptions for certain business signs authorized by Section 23.55.042 D;

8. Waiver or modification of required right-of-way improvements;

9. Special accommodation pursuant to Section 23.44.015;

10. Reasonable accommodation and;

11. Minor amendment to Major Phased Development Permit;

C. The following are Type II decisions:

1. The following procedural environmental decisions for Master Use Permits and for building, demolition, grading and other construction permits are subject to appeal to the Hearing Examiner and are not subject to further appeal to the City Council (supplemental procedures for environmental review are established in SMC Chapter 25.05, Environmental Policies and Procedures):

a. Determination of Nonsignificance (DNSs), including mitigated DNSs;

b. Determination that a final Environmental Impact Statement (EIS) is adequate; and

c. Determination of Significance based solely on historic and cultural preservation.

2. The following decisions, including any integrated decisions to approve, condition or deny based on SEPA policies, are subject to appeal to the Hearing Examiner (except shoreline decisions and related environmental determinations which are appealable to the Shorelines Hearings Board):

a. Establishment or change of use for temporary uses more than four (4) weeks not otherwise permitted in the zone or not meeting development standards, except temporary relocation of police and fire stations for twelve (12) months or less;

b. Short subdivisions;

c. Variances, provided that variances sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;

d. Special exceptions, provided that special exceptions sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;

e. Design review;

((f. The following street use decisions:

(1) Sidewalk cafes,

(2) Structural building overhangs;

(3) Areaways;

fg. Administrative conditional uses, provided that administrative conditional uses sought as part of a Type IV decision may be approved by the Council pursuant to Section 23.76.036;

gh. The following shoreline decisions (supplemental procedures for shoreline decisions are established in Chapter 23.60):

(1) Shoreline substantial development permits,

(2) Shoreline variances,

(3) Shoreline conditional uses;

hi. Northgate General Development Plan;

ij. Major Phased Development; and

j(k. Determination of project consistency with a planned action ordinance and EIS.

Section 9. Section 23.84.024 of the Seattle Municipal Code, which Section was last amended by Ordinance 119484, is amended as follows (certain language shown as deleted in Ordinance 119484 or in Ordinance 119273 is again shown as deleted to confirm the intent of Section 41 of Ordinance 119484):

Section 23.84.024

"L"

"Land Use and Transportation Plan for Downtown." See "Land use policies, Downtown."

"Land Use Policies" means those policies set forth or incorporated by reference in chapter 23.12, as such chapter is now in effect and as it maybe hereafter amended, as the same may be amended from time to time.

"Land Use Policies, Downtown," or "Land Use and Transportation Plan for Downtown" means the portions of the Land Use and Transportation Plan for Downtown Seattle, as amended, that are incorporated by reference in SMC Chapter 23.12, as such section is now in effect or hereafter amended."

"Low income housing or low and low-moderate income housing TDR site" means a lot meeting the following requirements:

1. The lot is located in any Downtown zone except PMM, DH-1 and DH-2 zones;

2. Each structure on the lot shall have a minimum of fifty (50) percent of total gross floor area committed to low income housing or low and low-moderate income housing use for a minimum of twenty (20) years in accordance with the Public Benefit Features Rule ; , except that a lot in an IDM zone may meet the following alternative standards:

(a) At least forty percent (40%) of the combined gross floor area in all structures on the lot is committed to low income housing for twenty (20) years; and

(b) A total of at least one thousand square feet (1,000 sf) of combined gross floor area in all structures on the lot is committed to use for social services providing necessary support to a special population served by the low income housing on the sending lot, on terms approved by the Director of the City Human Services Department (such services also may serve other persons);

3. The lot has gross floor area equivalent to at least one (1) FAR committed to low-income housing use for a minimum of twenty (20) years in accordance with the Public Benefit Features Rule; and

4. The low income housing or low and low-moderate income housing commitment on the lot has been certified by the Director of the Office of Housing and Human Services as satisfying the Public Benefit Features Rule.

Section 10. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 11. 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 _______________, 1999, and signed by me in open session in authentication of its passage this _____ day of _______________, 1999.

___________________________________

President of the City Council

Approved by me this _____ day of _______________, 1999.

___________________________________

Paul Schell, Mayor

Filed by me this _____ day of _______________, 19____.

___________________________________

City Clerk

(SEAL)

PJR/BM/bm

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