ORDINANCE __________________

AN ORDINANCE relating to land use, amending Sections 23.60.844 and 23.60.848 of the Seattle Municipal Code to prohibit eating and drinking establishments and mini-warehouses in the Urban Industrial environment of the Shoreline District.

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

Section 1. Section 23.60.844 of the Seattle Municipal Code (SMC), which Section was last amended by Ordinance 117893, is hereby amended as follows:

SMC 23.60.844 Conditional uses on waterfront lots in the UI Environment.

The following uses may be authorized on waterfront lots in the UI Environment by the Director, with the concurrence of DOE, as either principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

A. Yacht, boat or beach clubs which do not have eating and drinking establishments and recreational marinas when:

1. a. Not located where frequent interference with the turning basins or navigational areas of large vessels or other conflict with shipping is likely to occur, and

b. Not located where likely to conflict with manufacturing uses because of dust, noise or other environmental factors, or parking and loading access requirements or other safety factors, and

2. If located outside the Duwamish area, the yacht, boat or beach club or marina is located on a lot not suitable for a waterdependent or water-related manufacturing use, or for permitted water-dependent commercial uses because of:

a. Shallow water depth, or

b. An inadequate amount of dry land; provided: that yacht, boat or beach clubs may have non-water-dependent facilities over water only when:

(1). The dry-land portion of the lot is less than fifty (50) feet in depth, and

(2). The location of such facilities on the dry-land portion of the lot is not feasible.

B. Non-water-dependent Commercial Uses.

1. The following non-water-dependent commercial uses when meeting the criteria of subsection B2:

a. Sale of boat parts or accessories;

b. Personal and household retail sales and services;

c Eating and drinking establishments in the Ballard Interbay Northend Manufacturing/Industrial Center;

d. Nonhousehold sales and services except commercial laundries;

e. Offices;

f. Mini-warehouse in the Ballard Interbay Northend Manufacturing/Industrial Center; and

g. Food processing and craft work.

2. The uses listed in subsection B1 are permitted when:

a. The total of non-water-dependent commercial uses occupy no more than ten (10) percent of the dry-land portion of the lot; and

b. The non-water-dependent commercial uses are located to accommodate any water-dependent or water-related uses on the lot.

3. The uses identified in subsection B1 may be relocated on a lot provided the requirements of subsection B2 are met.

Section 2. Section 23.60.848 of the SMC, which Section was last amended by Ordinance 118663, is hereby amended as follows:

SMC 23.60.848 Principal uses prohibited on waterfront lots in the UI Environment.

The following principal uses are prohibited on waterfront lots in the UI Environment:

A. Residential uses;

B. The following commercial uses:

1. Medical services, 2. Animal services, 3. Automotive retail sales and service, 4. Parking, principal use, 5. Lodging, 6. Mortuary services, 7. Heavy commercial services, 8. Entertainment uses, 9. Personal transportation services, 10. Passenger terminal, non-water-dependent, 11. Cargo terminal, non-water-dependent, 12. Transit vehicle bases, 13. Helistops, and 14. Heliports, 15. Mini-warehouses in the Duwamish Manufacturing/Industrial Center, and 16. Eating and drinking establishmentsin the Duwamish Manufacturing/Industrial Center;

C. Salvage and recycling uses, non-water-dependent;

D. The following utilities: 1. Communication utilities, 2. Solid waste transfer stations, non-water-dependent, 3. Power plants, and 4. Sewage treatment plants, located outside of the Duwamish area;

E. High-impact uses, non-water-dependent;

F. All institutional uses except shoreline recreation facilities of colleges and universities and boat and yacht clubs without eating and drinking facilities;

G. Public facilities not authorized by Section 23.60.854 and those that are non-water-dependent or non-water-related;

H. Agricultural uses except aquaculture;

I. All open space uses except shoreline recreation; and

J. Groins and similar structures which block the flow of sand to adjacent beaches, except for drift sills or other structures which are part of a natural beach protection system.

Section 3. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provisions shall not affect the validity of any other provision.

Section 4. This ordinance shall take effect and be in force on whichever is the later of: the effective date of approval and adoption by the Department of Ecology; or 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 _______________, 20____. ___________________________________ City Clerk

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