ORDINANCE ______________

AN ORDINANCE relating to land use and zoning, amending Section 23.44.041, Section 23.47.012, Section 23.49.008, and Section 23.91.002 of the Seattle Municipal Code to increase housing opportunity in the Downtown Retail Core and the First Hill Urban Village, and to clarify provisions for accessory dwelling units and vehicles on lots in Single Family zones.

WHEREAS, the City's Comprehensive Plan, Goals L21, H24, and H25 support mixed uses, including housing, downtown and the adaptation of older buildings for residential uses, in particular the use of landmark structures for housing, and for encouraging housing diversity and quality; and

WHEREAS, the encouragement of adaptive reuse of historic structures increases the quality of life within the City of Seattle; and

WHEREAS, encouraging residential uses within the Downtown Retail Core zone further strengthens this part of the Downtown Urban Center; and

WHEREAS, increasing floor area ratio standards for housing affordable to moderate income households in the First Hill Urban Village will help to fulfill in-city housing goals and to preserve middle income housing opportunities in a rapidly changing neighborhood; and

WHEREAS, the First Hill Urban Village Neighborhood Plan identifies the need to preserve and create housing opportunities that retain the economic mix of First Hill residents;

NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection A of Section 23.44.041 of the Seattle Municipal Code, which Section was last amended by Ordinance 119617, is further amended as follows:

23.44.041 Accessory dwelling units.

Accessory dwelling units may be permitted subject to the standards in subsection A of this Section. The Master Use Permit process set forth in Chapter 23.76 shall be followed to authorize these uses.

A. The Director may authorize an accessory dwelling unit if the Director finds that the unit meets the following development and use standards:

1. A single family dwelling may have no more than one (1) accessory dwelling unit, and only one (1) accessory dwelling unit shall be allowed per lot.

2. One (1) of the dwelling units in the structure shall be occupied by one (1) or more owners of the property as the owner's(s') permanent and principal residence. The owner occupant must occupy the owner-occupied dwelling unit for more than six (6) months of each calendar year. The owner-occupant may not receive rent for the owner-occupied dwelling unit. If a complaint that an owner has violated these requirements is filed, the owner shall:

a. submit evidence to the Director showing good cause, such as job dislocation, sabbatical leave, education, or illness, for waiver of this requirement for up to three years absence from the Puget Sound region. Upon such showing the Director may waive the requirement;

b. re-occupy the structure; or

c. remove the accessory dwelling unit.

3. Any number of related persons may occupy each unit in a single family residence with an accessory dwelling unit provided that if unrelated persons occupy either unit, the total number of persons occupying both units together may not exceed eight (8).

4. Accessory dwelling units may not be located in any structure detached from the single family dwelling.

5. The floor area of the accessory dwelling unit may exceed one thousand (1,000) square feet only if the portion of the structure in which the accessory dwelling unit is located was in existence as of June 1, 1999 and if the entire accessory dwelling unit is located on one (1) level.

6. Only one (1) principal entrance to the structure may be located on each street-facing facade of the residence except:

a. where two (2) entrances on the front or street side existed on January 1, 1993; or;

b. where the Director determines that topography, screening or other design solution is effective in de-emphasizing the presence of a second entrance, so there do not appear to be two principal entrances.

7. A minimum of one (1) off-street parking space per accessory dwelling unit shall be provided, which space may be in tandem with parking provided for the principal dwelling unit.

a. The Director may waive the parking requirement for an accessory dwelling unit if topography or location of existing principal or accessory structures makes provision of a parking space physically or economically infeasible and, for properties located in residential parking zones (RPZs), a parking study is conducted and shows that the utilization rate for on-street parking within a four hundred (400) foot walking distance of the subject property is less than seventyfive (75) percent. Parking may not be waived for accessory dwelling units within the University District or Alki Parking Overlay Areas as shown on Maps A and B, Section 23.54.015.;

b. The applicant need not apply for a variance in order to waive the parking requirement. The parking waiver process cannot be used to eliminate an existing required parking space in order to create an accessory dwelling unit, unless replaced elsewhere on the lot.

8. Ceiling height.

a. If the portion of the single-family dwelling in which the accessory dwelling unit is located was in existence prior to October 17, 1979, the minimum ceiling height shall be six (6) feet eight (8) inches measured per Sections 310.6.1 and 3403 of the Seattle Building Code (SBC), or the minimum ceiling height shall be six (6) feet four (4) inches if a hard-wired smoke detector is located in the accessory dwelling unit. If the portion of the single-family dwelling in which the accessory dwelling unit is located was constructed on or subsequent to October 17, 1979, the minimum ceiling height shall be seven (7) feet six (6) inches measured per as determined according to Sections 310.6.1 and 3403 of the Seattle Building Code.

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Section 2. Subsection B of Section 23.47.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 119370, is further amended as follows:

23.47.012 Structure height and floor area ratio.

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B. Floor Area Ratios.

1. Floor area ratios (FARs) are hereby established for structures in zones with eighty-five (85) foot, one hundred twentyfive (125) foot and one hundred sixty (160) foot maximum height limits according to Chart C. Structures sixty-five (65) feet in height or less in these zones shall not be subject to floor area ratio provisions. For the provisions of this section, a "mixed-use structure" is a building containing a residential use, excluding caretaker's quarters, and at least one (1) other type of use.

CHART C

PERMITTED FLOOR AREA RATIO (FAR)

Structures Higher Height Limit Zones than 65 Feet 85' 125' 160'

Mixed-use structure total 6 6 7

Any single use within a

mixed-use structure 4.5 5 5

Single-purpose structure 4.5 5 5

2. Within a mixed-use structure in the First Hill Urban Village, residential floor area constructed or substantially rehabilitated for occupancy by households whose annual incomes do not exceed 120% of median household income for Seattle, shall be allowed in addition to residential floor area in the maximum amount allowed for a single use provided in Chart C, on the terms set forth below in this subsection:

a. The mixed-use structure must satisfy the provisions of Section 23.47.008, Mixed Use Development, and, together with any other structures on the lot, may not exceed the maximum "mixed-use structure total" FAR provided in Chart C.

b. A dwelling unit shall be considered to be constructed or substantially rehabilitated for occupancy by an eligible household if the initial sale or rental of such unit after completion of construction or substantial rehabilitation is made to an eligible household and such household occupies the unit.

c. The additional residential floor area permitted in a mixed-use structure by this subsection 2 includes common areas serving only such dwelling units and an allocable portion of common areas serving such dwelling units and other portions of the structure, as determined by the Director.

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Section 3. Subsections A and C of Section 23.49.008 of the Seattle Municipal Code, which Section was last amended by Ordinance 119728, are further amended as follows:

23.49.008 Structure height.

The following provisions regulating structure height apply to all property in downtown zones except the DH1, PSM, IDM, and IDR zones.

A. Maximum structure heights for downtown zones are forty-five feet (45'), fifty-five feet (55'), sixty-five feet (65'), seventy-five feet (75'), eighty-five feet (85'), one hundred feet (100'), one hundred twenty feet (120'), one hundred twenty-five feet (125'), one hundred fifty feet (150'), one hundred sixty feet (160'), two hundred forty feet (240'), three hundred feet (300'), and four hundred fifty feet (450'), as designated on the Official Land Use Map, Chapter 23.32, except that:

1. The Council shall determine the maximum permitted height when a major retail store or performing arts theater bonus is approved in the Downtown Retail Core zones pursuant to Section 23.49.096; provided, that such height shall not exceed one hundred fifty (150) feet.

2. Any property in the Pike Market Mixed zone that is subject to an urban renewal covenant may be built no higher than the height permitted by the covenant for the life of the covenant.

3. Any lot in the Denny Triangle Urban Village, as shown on Map 23.49.014 A, may gain up to an additional thirty percent (30%) in height if credit floor area is allowed pursuant to Section 23.49.041, City/County Transfer of Development Credits Program.

4. In the Downtown Retail Core zone, residential floor area created by infill of a lightwell on a City-designated Landmark structure shall be permitted above eighty-five (85) feet. For the purpose of this subsection a lightwell is defined as an inward modulation on a non-street facing facade that is enclosed on at least three sides by walls of the same structure, and infill is defined as an addition to that structure within the lightwell. The maximum height limit for any infill allowed under this subsection A4 shall be the highest level at which the lightwell is enclosed by the full length of walls of the structure on at least three sides.

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C. Rooftop Features.

1. The following rooftop features are permitted with unlimited rooftop coverage and may not exceed the height limits as indicated:

a. Open railings, planters, clerestories, skylights, play equipment, parapets and firewalls up to four (4) feet above the maximum height limit;

b. Solar collectors up to seven (7) feet above the maximum height limit; and

c. The rooftop features listed below may extend up to fifty (50) feet above the roof of the structure on which they are located or fifty (50) feet above the maximum height limit, whichever is less, except as regulated by Chapter 23.64, Airport Height Overlay District:

(1) Major or minor communication utilities,

(2) Religious symbols and that portion of the roof which supports them, such as belfries and spires,

(3) Smokestacks, and

(4) Flagpoles.

They shall be located a minimum of ten (10) feet from all lot lines.

2. The following rooftop features are permitted as long as the combined coverage of all features does not exceed twenty (20) percent of the roof area, or twenty-five (25) percent if the total includes stair or elevator penthouses or screened mechanical equipment. Except in the PMM zone, additional combined coverage of all rooftop features, not to exceed thirty-five (35) percent of the roof area, may be permitted through the design review process for development standard departures in Section 23.41.012.

a. The following rooftop features are permitted to extend up to fifteen (15) feet above the maximum height limit:

(1) Solar collectors;

(2) Stair penthouses;

(3) Play equipment and open-mesh fencing, as long as the fencing is at least fifteen (15) feet from the roof edge;

(4) Mechanical equipment; and

(5) Mechanical equipment, whether new or replacement, may be allowed up to fifteen (15) feet above the roof elevation of a structure existing prior to June 1, 1989.

b. Elevator penthouses are permitted to extend beyond the maximum height limit as follows:

(1) In the PMM zone, up to fifteen (15) feet above the maximum height limit for the zone;

(2) Except in the PMM zone, up to twenty (20) feet above the maximum height limit for a penthouse designed for an elevator cab up to eight (8) feet high; or

(3) Except in the PMM zone, up to twenty-two (22) feet above the maximum height limit for a penthouse designed for an elevator cab more than eight (8) feet high.

3. Screening of Rooftop Features.

a. Measures may be taken to screen rooftop features from public view through the design review process or, if located within the Pike Place Market Historical District, by the Market Historical Commission.

b. Except in the PMM zone, the amount of roof area enclosed by rooftop screening may exceed the maximum percentage of the combined coverage of all rooftop features as provided in subsection C2 above.

c. Except in the PMM zone, in no circumstances shall the height of rooftop screening exceed ten (10) percent of the maximum height of the zone in which the structure is located, or fifteen (15) feet, whichever is greater. In the PMM zone, the height of the screening shall not exceed the height of the rooftop feature being screened, or such greater height necessary for effective screening as determined by the Pike Place Market Historical Commission.

4. Administrative Conditional Use for Rooftop Features. The rooftop features listed in subsection C1c of this section may exceed a height of fifty (50) feet above the roof of the structure on which they are located if authorized by the Director through an administrative conditional use, Chapter 23.76. The request for additional height shall be evaluated on the basis of public benefits provided, the possible impacts of the additional height, consistency with the City's land use policies, and the following specific criteria:

a. The feature shall be compatible with and not adversely affect the downtown skyline.

b. The feature shall not have a substantial adverse effect upon the light, air, solar and visual access of properties within a three hundred (300) foot radius.

c. The feature, supporting structure and structure below shall be compatible in design elements such as bulk, profile, color and materials.

d. The feature shall not adversely affect the function of existing transmission or receiving equipment within a five (5) mile radius.

e. The increased size is necessary for the successful physical function of the feature, except for religious symbols.

5. Residential Penthouses Above Height Limit in DRC Zone.

a. A residential penthouse exceeding the maximum allowable height shall be permitted in the DRC zone only on a mixed-use, Citydesignated Landmark structure for which a Certificate of Approval by the Landmarks Preservation Board is required. A residential penthouse allowed under this section may cover a maximum of fifty (50) percent of the total roof surface. Except as the Director may allow under subsection 5b of this section:

(1) A residential penthouse allowed under this subsection shall be set back a minimum of fifteen (15) feet from the street property line.

(2) A residential penthouse may extend up to eight (8) feet above the roof, or twelve (12) feet above the roof when set back a minimum of thirty (30) feet from the street property line.

b. If the Director determines, after a sight line review based upon adequate information submitted by the applicant, that a penthouse will be invisible or minimally visible from public streets and parks within three hundred (300) feet from the structure, the Director may allow one or both of the following:

(1) an increase of the penthouse height limit under subsection 5a of this section by an amount up to the average height of the structure's street-facing parapet; or

(2) a reduction in the required setback for a residential penthouse.

c. The Director's decision to modify development standards pursuant to subsection 5b must be consistent with the Certificate of Approval from the Landmarks Preservation Board.

d. A residential penthouse allowed under this section shall not exceed the maximum permitted height that could be permitted in the DRC zone by the City Council as provided in Section 23.49.008 A1.

e. No rooftop features shall be permitted on a residential penthouse allowed under this subsection 5.

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Section 4. Subsection A of Section 23.91.002 of the Seattle Municipal Code, which Section was added by Ordinance 119473, is amended as follows:

23.91.002 Scope.

A. Violations of the following provisions of the 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 23.84.020) 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 required yards in a single family zone (Section 23.44.016);

4. Keeping of animals (Sections 23.44.048 and 23.45.148); and

5. Home Occupations (Sections 23.44.050 and 23.45.152).

B. Any enforcement action or proceeding pursuant to this Chapter 23.91 shall not affect, limit or preclude any previous, pending or subsequent enforcement action or proceeding taken pursuant to Chapter 23.90.

Section 5. Severability. The several provisions of this ordinance are declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.

Section 6. 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 ___________________, 2000, and signed by me in open session in authentication of its passage this _______ day of_________________, 2000.

______________________________

President of the City Council

Approved by me this _______ day of ___________________, 2000.

______________________________

Paul Schell, Mayor

Filed by me this _______ day of ___________________, 2000.

______________________________

City Clerk

(SEAL)

KAB housing related amendments v2.