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1********
2
3**Council Bill Number: 117014**
4   
5**Ordinance Number: 123495**
6********
7
8 AN ORDINANCE related to land use and zoning, amending various chapters of Title 23 of the Seattle Municipal Code (SMC); adding new sections to Chapter 23.45 and recodifying other sections in that chapter; repealing Sections 23.34.016, 23.34.022, 23.45.002, 23.45.004, 23.45.006, 23.45.009, 23.45.010, 23.45.011, 23.45.012, 23.45.014, 23.45.015, 23.45.016, 23.45.017, 23.45.018, 23.45.064, 23.45.066, 23.47A.029, 23.48.031, 23.86.020, and all the exhibits in these Sections; adding Section 23.54.040; amending provisions in SMC Title 25 regarding environmental policies, critical areas, and tree protection; establishing new classifications and standards for lowrise multifamily development; revising lowrise zoning designations and locational criteria for multifamily zones; amending the Official Land Use Map to rezone all property currently in a Lowrise or Lowrise Duplex/Triplex zone to one of three new Lowrise zones; providing for the effect of expiration of any prior decision rezoning property from a Lowrise zone; providing for the extension of contract rezone conditions for property previous zoned to a Lowrise zone; eliminating multifamily parking requirements in urban villages with frequent transit service; changing the mechanism for permitting parking off-site; changing methods for measuring structure height in most zones; establishing standards for solid waste storage areas in most zones; and establishing a new streamlined design review process, all in order to allow a greater variety of housing types in Lowrise multifamily zones, to improve development regulations in multifamily and other zones, to encourage design excellence, to implement Comprehensive Plan policies, and to protect and promote the health, safety, and welfare of the general public.
9
10**Status:** Passed as amended
11   
12**Date passed by Full Council:** December 13, 2010
13   
14**Vote:** 9-0
15   
16**Date filed with the City Clerk:** December 20, 2010
17   
18**Date of Mayor's signature:** December 20, 2010
19   
20[(about the signature date)](/~public/approvaldate.htm)
21   
22**Date introduced/referred to committee:** October 25, 2010
23   
24**Committee:** Built Environment
25   
26**Sponsor:** CLARK
27   
28_(No indexing available for this document)_
29
30**Fiscal Note:**117014
31
32**Electronic Copy: **[PDF scan of Ordinance No. 123495](/~archives/Ordinances/Ord_123495.pdf)
33
34********
35
36**Text**
37   
38```
39 AN ORDINANCE related to land use and zoning, amending various chapters of Title 23 of the Seattle Municipal Code (SMC); adding new sections to Chapter 23.45 and recodifying other sections in that chapter; repealing Sections 23.34.016, 23.34.022, 23.45.002, 23.45.004, 23.45.006, 23.45.009, 23.45.010, 23.45.011, 23.45.012, 23.45.014, 23.45.015, 23.45.016, 23.45.017, 23.45.018, 23.45.064, 23.45.066, 23.47A.029, 23.48.031, 23.86.020, and all the exhibits in these Sections; adding Section 23.54.040; amending provisions in SMC Title 25 regarding environmental policies, critical areas, and tree protection; establishing new classifications and standards for lowrise multifamily development; revising lowrise zoning designations and locational criteria for multifamily zones; amending the Official Land Use Map to rezone all property currently in a Lowrise or Lowrise Duplex/Triplex zone to one of three new Lowrise zones; providing for the effect of expiration of any prior decision rezoning property from a Lowrise zone; providing for the extension of contract rezone conditions for property previous zoned to a Lowrise zone; eliminating multifamily parking requirements in urban villages with frequent transit service; changing the mechanism for permitting parking off-site; changing methods for measuring structure height in most zones; establishing standards for solid waste storage areas in most zones; and establishing a new streamlined design review process, all in order to allow a greater variety of housing types in Lowrise multifamily zones, to improve development regulations in multifamily and other zones, to encourage design excellence, to implement Comprehensive Plan policies, and to protect and promote the health, safety, and welfare of the general public.
40
41 BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
42
43 Section 1.
44
45 A. The Official Land Use Map, Chapter 23.32 of the Seattle Municipal Code, is amended as follows:
46
47 1. All areas designated on Attachment B as Lowrise Duplex/Triplex (LDT) are rezoned to Lowrise 1 (LR1).
48
49 2. All areas designated on Attachment B as Lowrise 1 (L1) that are located outside of urban centers, urban villages, and station area overlay districts are rezoned to LR1.
50
51 3. All areas designated on Attachment B as Lowrise 1 (L1) that are located within urban centers, urban villages, and station area overlay districts are rezoned to Lowrise 2 (LR2).
52
53 4. All areas designated on Attachment B as Lowrise 2 (L2) are rezoned to LR2.
54
55 5. All areas designated on Attachment B as Lowrise 3 (L3) and Lowrise 4 (L4) are rezoned to Lowrise 3 (LR3).
56
57 B. Attachment B to this ordinance, which is incorporated by this reference, shows the areas being rezoned as described in this Section.
58
59 C. Except for the LDT, L1, L2, L3 and L4 classifications, all other designations and classifications of the property rezoned by this Section remain in effect.
60
61 D. This ordinance is not intended to release or modify either the terms of any agreement previously made in connection with the rezoning of any property, or any conditions or restrictions included in any rezone decision or ordinance, except as expressly provided in subsection E of this Section. As to each lot being rezoned in this ordinance from a zoning designation previously established by a map amendment conditioned upon a recorded agreement, all conditions and restrictions stated in the applicable prior rezone decision, ordinance or agreement, whether or not referring to a specific zoning designation or rezone action, continue as conditions and restrictions under the zoning designation established by this ordinance. Such rezones include, but are not limited to, those authorized by the following ordinances: Ordinance 122206 (Clerk File (CF) 307285); Ordinance 111985 (CF 292534); Ordinance 98717 (CF 293916); Ordinance 121960 (CF 306618); Ordinance 120561; Ordinance 111705 (CF 291852); Ordinance 111222 (CF 292030); Ordinances 113699, 113704, 113706 and 113707 (CF 294977); Ordinance 116912 (CF 298562); Ordinance 121795 (306768); Ordinance 121323 (CF 305399); Ordinance 121164 and 121404 (CF 305400); Ordinance 122098 (CF 307452); Ordinance 122304 (CF 307580); Ordinance 115664 (CF 298162); Ordinance 116501 (CF) 298303; Ordinance 117580 (CF 299930); Ordinance 118518 (CF 301537); Ordinance 122184 (CF 307757); Ordinance 115760 (CF 298192); Ordinance 117214 (CF 299299); and Ordinance 122185 (CF 307093). The City Council finds that the restrictions in each such agreement are necessary in order to ameliorate adverse impacts that could occur from unrestricted use and development permitted by development regulations otherwise applicable after the rezones effected by this ordinance.
62
63 E. Any property previously rezoned from LDT, L1, L2, L3, or L4 pursuant to an ordinance under which the rezone could expire or the zoning could otherwise revert to the previous designation under specified conditions shall, upon any expiration or other event by which the zoning would revert to such classification but for the effect of this ordinance, automatically become rezoned to the LR1, LR2 or LR3 classification that would have applied under subsection A of this Section if the property had been shown on Attachment B as having that prior zoning classification.
64
65 Section 2. Subsections A and B of Section 23.22.062 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, are amended as follows:
66
67 23.22.062 Unit lot subdivisions
68
69 A. The provisions of this ~~section~~  Section 23.22.062  apply exclusively to the unit subdivision of land for townhouse((~~s~~)),  rowhouse, and  cottage housing developments, ((~~and cluster development for housing,~~)) as permitted in Single-Family, Residential Small Lot and Lowrise zones, and for single-family dwelling units in Lowrise zones, or any combination of the above types of residential development, as permitted in the applicable zones.
70
71 B. Except for any site for which a permit has been issued pursuant to Section s  23.44.041  or 23.45.545 for a detached accessory dwelling unit, ((~~sites~~))  lots  developed or proposed to be developed with ((~~dwelling units listed~~))  uses described  in subsection  23.22.062. A above may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards based on analysis of the individual unit lot, except that any private((~~ ,~~)) usable open space or private amenity area for each dwelling unit shall be provided on the same  unit  lot as the dwelling unit it serves.
72
73 * * *
74
75 Section 3. Subsections A and B of Section 23.24.045 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, are amended as follows:
76
77 23.24.045 Unit lot subdivisions((~~ .~~))
78
79 A. The provisions of this ((~~section~~)) Section 23.24.045  apply exclusively to the unit subdivision of land for townhouse((~~s~~)),  rowhouse, and  cottage housing developments((~~ , and cluster development for housing,~~)) as permitted in Single-Family, Residential Small Lot and Lowrise zones, and for single-family dwelling units in Lowrise zones, or any combination of the above types of residential development, as permitted in the applicable zones.
80
81 B. Except for any ((~~site~~))  lot  for which a permit has been issued pursuant to Section s  23.44.041  or 23.45.545 for a detached accessory dwelling unit, ((~~sites~~))  lots  developed or proposed to be developed with ((~~dwelling units listed~~)) uses described  in subsection  23.24.045. A above may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards based on analysis of the individual unit lot, except that any private, usable open space  or private amenity area for each dwelling unit shall be provided on the same  unit lot as the dwelling unit it serves.
82
83 * * *
84
85 Section 4. Subsection A of Section 23.30.010 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:
86
87 23.30.010 Classifications for the purpose of this subtitle((~~ .~~))
88
89 All land within the City shall be classified as being within one ((~~ (1) land use~~))zoning designation.
90
91 A. General ((~~Z~~)) z oning ((~~D~~)) d esignations. The zoning classification of land shall include one of the designations in this subsection  23.30.010. A. Only in the case of land designated "RC" the classification shall include both "RC" and one additional  multifamily zone  designation in this subsection  23.30.010. A((~~ , which shall be a designation for a multifamily zone~~)).
92
93```
94<table><tr><td>Zones
95
96</td><td>Abbreviated
97
98</td></tr>
99
100<tr><td>Residential, Single-family 9,600
101
102</td><td>SF 9600
103
104</td></tr>
105
106<tr><td>Residential, Single-family 7,200
107
108</td><td>SF 7200
109
110</td></tr>
111
112<tr><td>Residential, Single-family 5,000
113
114</td><td>SF 5000
115
116</td></tr>
117
118<tr><td>Residential Small Lot
119
120</td><td>RSL
121
122</td></tr>
123
124<tr><td>(( Residential, Multifamily, Lowrise Duplex/Triplex ))
125
126</td><td>(( LDT ))
127
128</td></tr>
129
130<tr><td>Residential, Multifamily, Lowrise 1
131
132</td><td>LR1
133
134</td></tr>
135
136<tr><td>Residential, Multifamily, Lowrise 2
137
138</td><td>LR2
139
140</td></tr>
141
142<tr><td>Residential, Multifamily, Lowrise 3
143
144</td><td>LR3
145
146</td></tr>
147
148<tr><td>(( Residential, Multifamily, Lowrise 4 ))
149
150</td><td>(( L4 ))
151
152</td></tr>
153
154<tr><td>Residential, Multifamily, Midrise
155
156</td><td>MR
157
158</td></tr>
159
160<tr><td>Residential, Multifamily, Highrise
161
162</td><td>HR
163
164</td></tr>
165
166<tr><td>Residential-Commercial
167
168</td><td>RC
169
170</td></tr>
171
172<tr><td>Neighborhood Commercial 1
173
174</td><td>NC1
175
176</td></tr>
177
178<tr><td>Neighborhood Commercial 2
179
180</td><td>NC2
181
182</td></tr>
183
184<tr><td>Neighborhood Commercial 3
185
186</td><td>NC3
187
188</td></tr>
189
190<tr><td>Seattle Mixed
191
192</td><td>SM
193
194</td></tr>
195
196<tr><td>Commercial 1
197
198</td><td>C1
199
200</td></tr>
201
202<tr><td>Commercial 2
203
204</td><td>C2
205
206</td></tr>
207
208<tr><td>Downtown Office Core 1
209
210</td><td>DOC1
211
212</td></tr>
213
214<tr><td>Downtown Office Core 2
215
216</td><td>DOC2
217
218</td></tr>
219
220<tr><td>Downtown Retail Core
221
222</td><td>DRC
223
224</td></tr>
225
226<tr><td>Downtown Mixed Commercial
227
228</td><td>DMC
229
230</td></tr>
231
232<tr><td>Downtown Mixed Residential
233
234</td><td>DMR
235
236</td></tr>
237
238<tr><td>Pioneer Square Mixed
239
240</td><td>PSM
241
242</td></tr>
243
244<tr><td>International District Mixed
245
246</td><td>IDM
247
248</td></tr>
249
250<tr><td>International District Residential
251
252</td><td>IDR
253
254</td></tr>
255
256<tr><td>Downtown Harborfront 1
257
258</td><td>DH1
259
260</td></tr>
261
262<tr><td>Downtown Harborfront 2
263
264</td><td>DH2
265
266</td></tr>
267
268<tr><td>Pike Market Mixed
269
270</td><td>PMM
271
272</td></tr>
273
274<tr><td>General Industrial 1
275
276</td><td>IG1
277
278</td></tr>
279
280<tr><td>General Industrial 2
281
282</td><td>IG2
283
284</td></tr>
285
286<tr><td>Industrial Buffer
287
288</td><td>IB
289
290</td></tr>
291
292<tr><td>Industrial Commercial
293
294</td><td>IC
295
296</td></tr>
297
298</table> * * *
299
300 Section 5. Subsection B of Section 23.34.010, which section was last amended by Ordinance 123046, is amended as follows:
301
302 Section 23.34.010 Designation of single-family zones
303
304 * * *
305
306 B. Areas zoned single-family or RSL that meet the criteria for single-family zoning contained in subsection B of Section 23.34.011 and that are located within the adopted boundaries of an urban village may be rezoned to zones more intense than Single-family 5000 ((~~when~~))  if  all of the following conditions are met:
307
308 1. A neighborhood plan has designated the area as appropriate for the zone designation, including specification of the RSL/T, RSL/C, or RSL/TC suffix ,  ((~~when~~))  if  applicable;
309
310 2. The rezone is:
311
312 a. To a Residential Small Lot (RSL), Residential Small Lot-Tandem (RSL/T), Residential Small Lot-Cottage (RSL/C), Residential Small Lot-Tandem/Cottage (RSL/TC), ((~~Lowrise Duplex/Triplex (LDT),~~)) Lowrise 1 (L R 1), Lowrise 1/Residential-Commercial (L R 1/RC), or
313
314 b. Within the areas identified on Map P-1 of the adopted North Beacon Hill Neighborhood Plan, and the rezone is to any Lowrise zone, or to an NC1 zone or NC2 zone with a 30 foot or 40 foot height limit, or
315
316 c. Within the residential urban village west of Martin Luther King Junior Way South in the adopted Rainier Beach Neighborhood Plan, and the rezone is to a ~~Lowrise Duplex/Triplex (LDT),~~Lowrise 1 (L R 1) or Lowrise 2 (L R 2) zone.
317
318 * * *
319
320 Section 6. Section 23.34.013 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, is amended as follows:
321
322 23.34.013 Designation of multifamily zones((~~ .~~))
323
324 An area zoned single~~~~family that meets the criteria of Section 23.34.011 for single- family designation((~~ ,~~)) may not be rezoned to multifamily except as otherwise provided in Section 23.34.010((~~~~)) . B.
325
326 Section 7. Section 23.34.014 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, is amended as follows:
327
328 23.34.014 Lowrise ((~~Duplex/Triplex (LDT)~~))  1 (LR1) zone, function and locational criteria((~~ .~~))
329
330 A. Function. ((~~An area that provides opportunities for limited infill housing development, both through new construction and the conversion of existing single-family structures to duplexes and triplexes, where, in order to preserve the character of the neighborhood, the recycling of existing structures to a slightly higher density and small-scale infill development is preferable to single- family zoning or to the development of townhouses or higher density apartments.~~))  The function of the LR1 zone is to provide opportunities for low-density multifamily housing, primarily rowhouse and townhouse developments, through infill development that is compatible with single-family dwelling units, or through the conversion of existing single-family dwelling units to duplexes or triplexes.
331
332 ((~~B. Locational Criteria. The Lowrise Duplex/Triplex zone designation is most appropriate in areas generally characterized by the following:~~
333
334~~1. Development Characteristics of the Area.~~
335
336~~a. Areas where structures of small bulk and low heights, generally less than thirty (30) feet, establish the pattern of development; and~~
337
338~~b. Areas with a mix of single- family structures, small multifamily structures, and single- family structures legally converted into multiple units where, because of the type and quality of the existing housing stock, it is desirable to limit new development opportunities to infill projects and conversions that preserve the existing character.~~
339
340~~2. Relationship to the Surrounding Area.~~
341
342~~a. Areas that do not meet single- family criteria, but are otherwise similar in character and adjoin areas zoned single-family or Lowrise 1 without necessarily the presence of a significant topographical break or open space to provide a transition to increased density;~~
343
344~~b. Areas where narrow streets, on- street parking congestion, local traffic congestion, lack of alleys, or irregular street patterns restrict local access and circulation;~~
345
346~~c. Areas close to existing or projected facilities and services used by households with children, including schools, parks and community centers.~~))~~~~B. Locational Criteria. The LR1 zone is most appropriate in areas generally characterized by the following conditions:
347
348 1. The area is similar in character to single- family zones;
349
350 2. The area is either:
351
352 a. located outside of an urban center, urban village, or Station Area Overlay District;
353
354 b. a limited area within an urban center, urban village, or Station Area Overlay District that would provide opportunities for a diversity of housing types within these denser environments; or
355
356 c. located on a collector or minor arterial;
357
358 3. The area is characterized by a mix of single-family dwelling units, multifamily structures that are similar in scale to single-family dwelling units, such as rowhouse and townhouse developments, and single-family dwelling units that have been converted to multifamily residential use or are well-suited to conversion;
359
360 4. The area is characterized by local access and circulation that can accommodate low density multifamily development oriented to the ground level and the street, and/or by narrow roadways, lack of alleys, and/or irregular street patterns that make local access and circulation less suitable for higher density multifamily development;
361
362 5. The area would provide a gradual transition between single-family zoned areas and multifamily or neighborhood commercial zoned areas; and
363
364 6. The area is supported by existing or projected facilities and services used by residents, including retail sales and services, parks, and community centers.
365
366 ((~~C. Areas zoned single family meeting the locational criteria for a single-family designation may be rezoned to LDT only when the provisions of Section~~
367
368~~23.34.010(( )) . B are met.~~))
369
370 Section 8. Section 23.34.016 of the Seattle Municipal Code, relating to the function and locational criteria for Lowrise 1 zones, which section was last amended by Ordinance 119242, and as shown in Attachment A to this ordinance, is repealed.
371
372 Section 9. Section 23.34.018 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is amended as follows:
373
374 23.34.018 Lowrise 2 (L R 2) zone, function and locational criteria((~~ .~~))
375
376 A. Function s . ((~~The intent of the Lowrise 2 zone is to encourage a variety of multifamily housing types with less emphasis than the Lowrise 1 zone on ground-related units, while remaining at a scale compatible with single-family structures.~~))  The dual functions of the LR2 zone are to:
377
378 1. Provide opportunities for a variety of multifamily housing types in existing multifamily neighborhoods and along arterials that have a mix of small scale residential structures; and
379
380 2. Accommodate redevelopment in areas within urban centers, urban villages, and Station Area Overlay Districts in order to establish multifamily neighborhoods of low scale and density.
381
382 ((~~B.Locational Criteria. Lowrise 2 zone designation is most appropriate in areas generally characterized by the following:~~
383
384~~1. Development Characteristics of the Areas.~~
385
386~~a. Areas that feature a mix of single-family structures and small to medium multifamily structures generally occupying one or two lots, with heights generally less than 30 feet;~~
387
388~~b. Areas suitable for multifamily development if topographic conditions and the presence of views make it desirable to limit height and building bulk to retain views from within the zone;~~
389
390~~c. Areas occupied by a substantial amount of multifamily development if factors such as narrow streets, on-street parking congestion, local traffic congestion, lack of alleys and irregular street patterns restrict local access and circulation and make an intermediate intensity of development desirable.~~
391
392~~2. Relationship to the Surrounding Areas.~~
393
394~~a. Properties that are well-suited to multifamily development, but where adjacent single-family areas make a transitional scale of development desirable. It is desirable that there be a well-defined edge such as an arterial, open space, change in block pattern, topographic change or other significant feature providing physical separation from the single-family area. However, this is not a necessary condition if existing moderate scale multifamily structures have already established the scale relationship with abutting single-family areas;~~
395
396~~b. Properties that are definable pockets within a more intensive area, if it is desirable to preserve a smaller scale character and mix of densities;~~
397
398~~c. Properties in areas otherwise suitable for higher density multifamily development but where it is desirable to limit building height and bulk to protect views from uphill areas or from public open spaces and scenic routes;~~
399
400~~d. Properties where vehicular access to the area does not require travel on "residential access streets" in less intensive residential zones.~~))
401
402 B. Locational Criteria. The LR2 zone is most appropriate in areas generally characterized by the following conditions:
403
404 1. The area is either:
405
406 a. located in an urban center, urban village, or Station Area Overlay District where new development could help establish a multifamily neighborhood of small scale and density; or
407
408 b. located in or near an urban center, urban village, or Station Area Overlay District, or on an arterial street, and is characterized by one or more of the following conditions:
409
410 1) small-scale structures generally no more than 35 feet in height that are compatible in scale with SF and LR1 zones;
411
412 2) the area would provide a gradual transition between SF or LR1 zones and more intensive multifamily or neighborhood commercial zones; and
413
414 2. The area is characterized by local access and circulation conditions that accommodate low density multifamily development;
415
416 3. The area has direct access to arterial streets that can accommodate anticipated vehicular circulation, so that traffic is not required to use streets that pass through lower density residential zones; and
417
418 4. The area is well supported by existing or projected facilities and services used by residents, including retail sales and services, parks, and community centers, and has good pedestrian access to these facilities.
419
420 ((~~C. Areas zoned single family that meet the locational criteria for single-family designation may be rezoned to L2 only if the provisions of subsection 23.34.010.B are met.~~))
421
422 Section 10. Section 23.34.020 of the Seattle Municipal Code, which section was last amended by Ordinance 121700, is amended as follows:
423
424 23.34.020 Lowrise 3 (L R 3) zone, function and locational criteria((~~ .~~))
425
426 A. Function s . ((~~An area that provides moderate scale multifamily housing opportunities in multifamily neighborhoods where it is desirable to limit development to infill projects and conversions compatible with the existing mix of houses and small to moderate scale apartment structures.~~))  The dual functions of the LR3 zone are to:
427
428 1. provide opportunities for a variety of multifamily housing types in existing multifamily neighborhoods, and along arterials that have a mix of small to moderate scale residential structures; and
429
430 2. accommodate redevelopment in areas within urban centers, urban villages, and Station Area Overlay Districts in order to establish multifamily neighborhoods of moderate scale and density.
431
432 B. Locational Criteria.
433
434 ((~~1. Threshold Conditions. Subject to subsection B2 of this section, properties that may be considered for an L3 designation are limited to the following:~~
435
436~~a. Properties already zoned L3;~~
437
438~~b. Properties in areas already developed predominantly to the permitted L3 density and where L3 scale is well established;~~))  The LR3 zone is most appropriate in areas generally characterized by the following conditions:
439
440 ((~~c~~)) 1. The area is either:
441
442 a. located in an urban center, urban village, or Station Area Overlay District where new development could help establish a multifamily neighborhood of moderate scale and density, except in the following urban villages: the Wallingford Residential Urban Village, the Eastlake Residential Urban Village, the Upper Queen Anne Residential Urban Village, the Morgan Junction Residential Urban Village, the Lake City Hub Urban Village, the Bitter Lake Village Hub Urban Village, and the Admiral Residential Urban Village; or
443
444 b. located in an existing multifamily neighborhood in or near an urban center, urban village, or Station Area Overlay District, or on an arterial street, and characterized by a mix of structures of low and moderate scale;
445
446 ((~~c. Properties within an urban center or village,~~~~except in the Wallingford Residential Urban Village, in the Eastlake Residential Urban Village, in the Upper Queen Anne Residential Urban Village, in the Morgan Junction Residential Urban Village, in the Lake City Hub Urban Village, in the Bitter Lake Village Hub Urban Village, or in the Admiral Residential Urban Village; or~~))
447
448 2. The area is near neighborhood commercial zones with comparable height and scale;
449
450 3. The area would provide a transition in scale between LR1 and/or LR2 zones and more intensive multifamily and/or commercial zones;
451
452 4. The area has street widths that are sufficient for two-way traffic and parking along at least one curb;
453
454 5. The area is well served by public transit;
455
456 6. The area has direct access to arterial streets that can accommodate anticipated vehicular circulation, so that traffic is not required to use streets that pass through lower density residential zones;
457
458 7. The area well supported by existing or projected facilities and services used by residents, including retail sales and services, parks, and community centers, and has good pedestrian access to these facilities.
459
460 ((~~d~~)) C .  The LR3 zone is also appropriate in areas ((~~Properties~~)) located in the Delridge  High Point Neighborhood Revitalization Area, as shown in ((~~Exhibit~~))  Map A for 23.34.020 ((~~A~~)), provided that the L R 3 zone designation would facilitate a mixed-income housing development initiated by ((~~a public agency or~~)) the Seattle Housing Authority  or other public agency ; a property use and development agreement is executed subject to the provisions of ((~~SMC~~)) Chapter 23.76 as a condition to any rezone; and the development would serve a broad public purpose.
461
462 Map A for 23.34.020: Delridge High Point Revitalization Area---North and South Halves
463
464[North Half](/~ordpics/117014_2334020mapa.gif)
465
466[South Half](/~ordpics/117014_2334020mapa_b.gif)
467
468 ((~~2~~)) D .  Except as provided in this subsection 23.34.020.D, properties ((~~Properties~~)) designated as environmentally critical may not be rezoned to an L R 3 designation, and may remain L R 3 only in areas predominantly developed to the intensity of the L R 3 zone.  The preceding sentence does not apply if the environmentally critical area either:
469
470 1. was created by human activity, or
471
472 2. is a designated peat settlement, liquefaction, seismic or volcanic hazard area, or flood prone area, or abandoned landfill.
473
474 ((~~3. Other Criteria. The Lowrise 3 zone designation is most appropriate in areas generally characterized by the following:~~
475
476~~a. Development Characteristics of the Area.~~
477
478~~ (1) Either:~~
479
480~~ (a) Areas that are already developed predominantly to the permitted L3 density and where L3 scale is well established,~~
481
482~~ (b) Areas that are within an urban center or urban village, except or~~
483
484~~ (c) Areas that are located within the Delridge Neighborhood Revitalization Area, as shown in Exhibit 23.34.020 A, provided that the L3 zone designation would facilitate a mixed-income housing development initiated by a public agency or the Seattle Housing Authority; a property use and development agreement is executed subject to the provisions of SMC Chapter 23.76 as a condition to any rezone; and the development would serve a broad public purpose.~~
485
486~~ (2) Areas where the street pattern provides for adequate vehicular circulation and access to sites. Locations with alleys are preferred. Street widths should be sufficient for two (2) way traffic and parking along at least one (1) curbside.~~
487
488~~b. Relationship to the Surrounding Areas.~~
489
490~~ (1) Properties in areas that are well served by public transit and have direct access to arterials, so that vehicular traffic is not required to use streets that pass through less intensive residential zones;~~
491
492~~ (2) Properties in areas with significant topographic breaks, major arterials or open space that provide sufficient transition to LDT or L1 multifamily development;~~
493
494~~ (3) Properties in areas with existing multifamily zoning with close proximity and pedestrian connections to neighborhood services, public open spaces, schools and other residential amenities;~~
495
496~~ (4) Properties that are adjacent to business and commercial areas with comparable height and bulk, or where a transition in scale between areas of larger multifamily and/or commercial structures and smaller multifamily development is desirable.~~))
497
498 Section 11. Section 23.34.022 of the Seattle Municipal Code, relating to the function and locational criteria for the Lowrise 4 zone, which section was last amended by Ordinance 121700, and as shown in Attachment A to this ordinance, is repealed.
499
500 Section 12. Subsections A and B of Section 23.41.004 of the Seattle Municipal Code, which section was last amended by Ordinance 123206, is amended as follows:
501
502 Section 23.41.004 Applicability
503
504 A. Design review required.
505
506 1. Design review is required for any new multifamily, commercial, or industrial development proposal that exceeds one of the following thresholds in Table A for 23.41.004:
507
508<table><tr><td>Table A for 23.41.004: Thresholds for Design Review
509
510</td></tr>
511
512<tr><td>Zone
513
514</td><td>Threshold
515
516</td></tr>
517
518<tr><td>a.
519
520</td><td>Lowrise (LR3(( , L4 )))
521
522</td><td>8 dwelling units
523
524</td></tr>
525
526<tr><td>b.
527
528</td><td>Midrise (MR)
529
530</td><td>20 dwelling units
531
532</td></tr>
533
534<tr><td>c.
535
536</td><td>Highrise (HR)
537
538</td><td>20 dwelling units
539
540</td></tr>
541
542<tr><td>d.
543
544</td><td>Neighborhood Commercial (NC1, 2, 3)
545
546</td><td>4 dwelling units or 4,000 square feet of nonresidential gross floor area
547
548</td></tr>
549
550<tr><td>e.
551
552</td><td>Commercial (C1, C2)
553
554</td><td>Four dwelling units or 12,000 square feet of nonresidential gross floor area, (( when )) located on a lot in an urban center or urban village1, or on a lot that abuts or is across a street or alley from a lot zoned single-family, or on a lot located in the area bounded by: NE 95th St., NE 145th St., 15 th Ave. NE, and Lake Washington
555
556</td></tr>
557
558<tr><td>f.
559
560</td><td>Seattle Mixed (SM)
561
562</td><td>20 units or 12,000 square feet of nonresidential gross floor area
563
564</td></tr>
565
566<tr><td>g.
567
568</td><td>Industrial Commercial (IC) zone within all designated urban villages and centers.
569
570</td><td>12,000 square feet of nonresidential gross floor area
571
572</td></tr>
573
574<tr><td>Footnote to Table A for 23.41.004
575
5761 Urban centers and urban villages are identified in the Seattle Comprehensive Plan.
577
578</td></tr>
579
580</table> 2. Design review is required for all new Major Institution development proposals that exceed thresholds in the zones listed in ((~~subsection A.1 of~~)) this ((~~Section~~))  subsection  23.41.004 .A , unless the structure is located within a Major Institution Overlay (MIO) district.
581
582 3. Design review is required for all new development proposals located in the following Downtown zones that equal or exceed any of the following thresholds:
583
584<table><tr><td>DOC 1, DOC 2 or DMC Zones
585
586</td></tr>
587
588<tr><td>Use
589
590</td><td>Threshold
591
592</td></tr>
593
594<tr><td>Nonresidential
595
596</td><td>50,000 square feet of gross floor area
597
598</td></tr>
599
600<tr><td>Residential
601
602</td><td>20 dwelling units
603
604</td></tr>
605
606</table><table><tr><td>DRC, DMR, DH1 or DH2 Zones
607
608</td></tr>
609
610<tr><td>Use
611
612</td><td>Threshold
613
614</td></tr>
615
616<tr><td>Nonresidential
617
618</td><td>20,000 square feet of gross floor area
619
620</td></tr>
621
622<tr><td>Residential
623
624</td><td>20 dwelling units
625
626</td></tr>
627
628</table> 4. Design review is required for all new development proposals exceeding 120 feet in width on any single street frontage in the Stadium Transition Area Overlay District as shown in Map A for 23.41.006.
629
630 5.  Streamlined  ((~~A~~)) a dministrative ((~~D~~)) d esign ((~~R~~)) r eview to ((~~P~~)) p rotect ((~~T~~)) t rees. As provided in Sections 25.11.070 and 25.11.080,  streamlined administrative design review ((~~ (~~)) pursuant to Section ((~~23.41.016~~))  23.41.018  is required for new multifamily and commercial development proposals in Lowrise, Midrise, and commercial zones if an exceptional tree, as defined in Section 25.11.020, is located on the ((~~site~~))  lot and is not proposed to be preserved , ((~~even~~)) if design review would not otherwise be required by this subsection 23.41.004.A.
631
632 6. New multifamily or commercial development proposals in the zones listed in((~~subsection A.1 of~~)) this ((~~Section~~))  subsection  23.41.004 .A , that are subject to SEPA solely as a result of the provisions of Section 25.05.908, Environmentally Critical Areas, are exempt from design review except as set forth in subsection A.5 of this section 23.41.004.
633
634 7. Design review pursuant to Section 23.41.014 is required for projects that are eligible for design review under any provision of this section 23.41.004 and that are participating in the Living Building Pilot Program authorized by Section 23.40.060.
635
636 8. Streamlined administrative design review (SDR) pursuant to Section 23.41.018 is required for all new townhouse developments that include at least three townhouse units, if design review is not otherwise required by this subsection 23.41.004.A.
637
638 B. Design Review -- Optional
639
640 1. Design review is optional to any applicant for new multifamily, commercial or Major Institution development proposals not otherwise subject to this ((~~c~~)) C hapter  23.41 , in the Stadium Transition Area Overlay District ,  and in all multifamily, commercial, ((~~or~~)) and  downtown zones.
641
642 2. ((~~An a~~)) A dministrative design review ((~~process~~)) is ((~~an option to~~))  optional for  an y  applicant for new multifamily or commercial development proposals((~~ , or as provided in subsection B3 below,~~)) in the Stadium Transition Area Overlay District ,  and in multifamily, commercial, ((~~or~~)) and downtown zones ,  according to the process described in Section 23.41.016.
643
644 3. Streamlined administrative design review is an option for:
645
646 a. applicants for multifamily residential uses in LR zones for which design review is not otherwise required by subsection 23.41.004.A; and
647
648 ((~~3.~~)) b. ((~~Administrative Design Review to Protect Trees. As provided in Sections 25.11.070 and 25.11.080, an administrative design review process (Section 23.41.016) is an option to an applicant~~))  applicants for new multifamily and commercial development proposals in Lowrise, Midrise, and Commercial zones to protect a tree over ~~ ((two (2)~~)) 2 feet in diameter measured ((~~four and one half (4 1/2)~~))  4.5 feet above the ground, ((~~even when~~))  if  design review would not otherwise be required by subsection 23.41.004.A .5 .
649
650 * * *
651
652 Section 13. A new Section 23.41.018 is added to the Seattle Municipal Code as follows:
653
654 Section 23.41.018 Streamlined administrative design review (SDR) process
655
656 A. A presubmittal conference is required for all projects subject to this Section 23.41.018 unless waived by the Director, pursuant to Section 23.76.008.
657
658 B. Following a presubmittal conference, a proponent may apply to begin the SDR guidance process.
659
660 1. The application for SDR guidance shall include the following:
661
662 a. An initial site analysis addressing site opportunities and constraints, adjacent buildings, and the zoning of the site and adjacent properties;
663
664 b. A drawing of existing site conditions, indicating topography of the site and location of structures and prominent landscape elements on the site (including but not limited to all trees 6 inches or greater in diameter measured 4.5 feet above the ground, with species indicated) if any;
665
666 c. A preliminary site plan including structures, open spaces, vehicular and pedestrian access, and landscaping;
667
668 d. A brief description of how the proposal meets the intent of the applicable citywide and neighborhood design review guidelines; and
669
670 e. One or more color renderings adequate to depict the overall massing of structures and the design concept.
671
672 2. Notice of application for SDR Guidance shall be provided pursuant to Chapter 23.76.
673
674 3. The purpose of SDR Guidance is to receive comments from the public, identify concerns about the site and design concept, identify applicable citywide and neighborhood design guidelines of highest priority to the site, explore conceptual design and siting alternatives, and identify and document proposed development standard adjustments, which may be approved as a Type I decision pursuant to Section 23.41.018.D, or departures, which may be approved as a Type II decision pursuant to Section 23.41.016. The intent of SDR Guidance is not to reduce the general development capacity of the lot.
675
676 4. As a result of the SDR Guidance process, the Director shall prepare a report that identifies those guidelines of highest priority and applicability, documents any design changes needed to achieve consistency with the design guidelines, and identifies any desired development standard adjustments and/or departures.
677
678 5. The Director shall distribute a copy of the report to the applicant, place it on file in the Department, and provide access to the report on the Department website.
679
680 C. Application for Type I or Type II Master Use Permit.
681
682 1. After issuance of the SDR Guidance report, the proponent may apply for a Type I or Type II Master Use Permit.
683
684 2. The Master Use Permit application shall include a brief explanation of how the proposal addresses the SDR guidance report, in addition to standard Master Use Permit submittal information required by Section 23.76.010. Adjustments to certain development standards pursuant to subsection 23.41.018.D may be approved as a Type I decision. If the need for development standard departures, authorized under Section 23.41.012 and beyond the adjustments allowed under subsection 23.41.018.D, is identified, the applicant may either revise the application to eliminate the need for the further departures, and proceed under this Section 23.41.018, or else apply for a Type II Master Use Permit for administrative design review pursuant to Section 23.41.016.
685
686 3. Notice of application for a permit for a project subject to SDR shall be provided according to Chapter 23.76.
687
688 D. SDR decision.
689
690 1. The Director shall consider public comments on the proposed project, and the Director's decision shall be based on the extent to which the application meets applicable design guidelines and responds to the SDR guidance report.
691
692 2. The Director's decision pursuant to the SDR process shall not reduce the number of units allowed per square foot of lot area when such a density limit is set in Table A for Section 23.45.512.
693
694 3. The Director may allow the adjustments listed in subsection 23.41.018.D.4, if the adjustments are consistent with the SDR design guidance report and the adjustments would result in a development that:
695
696 a. better meets the intent of the adopted design guidelines and/or
697
698 b. provides a better response to environmental and/or site conditions, including but not limited to topography, the location of trees, or adjacent uses and structures.
699
700 4. If the criteria listed in subsection 23.41.018.D.3 are met, the Director may allow adjustments to the following development standards to the extent listed for each standard:
701
702 a. Setbacks and separation requirements may be reduced by a maximum of 50 percent;
703
704 b. Amenity areas may be reduced by a maximum of 10 percent;
705
706 c. Landscaping and screening may be reduced by a maximum of 25 percent;
707
708 d. Structure width, structure depth, and facade length limits may be reduced by a maximum of 10 percent; and
709
710 e. Screening of parking may be reduced by a maximum of 25 percent.
711
712 5. Limitations on adjustments through the SDR process established in this subsection 23.41.018.D do not limit adjustments expressly permitted by other provisions of this Title 23 or other titles of the Seattle Municipal Code.
713
714 Section 14. Subsection C of Section 23.42.106 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:
715
716 23.42.106 Expansion of nonconforming uses((~~ .~~))
717
718 * * *
719
720 C. In ((~~M~~)) m ultifamily zones, except in ((~~Lowrise Duplex/Triplex and~~)) Lowrise 1  (LR1)  zones, dwelling units may be added to a structure containing one ((~~ (1)~~)) or more nonconforming uses, even if in a structure nonconforming to development standards; provided that limitations on density shall apply. The structure may be expanded or extended((~~ ;~~)) ,  provided that the expansion or extension shall be for residential use, shall conform to the development standards of the zone, and shall not cause an already nonconforming structure to become more nonconforming to development standards.
721
722 * * *
723
724 Section 15. Subsection C of Section 23.42.108 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:
725
726 23.42.108 Change from nonconforming use to conforming use((~~ .~~))
727
728 * * *
729
730 C. In multifamily zones, a nonconforming nonresidential use may be converted to residential use even ((~~if~~))  though  all development standards are not met , if(( ~~ ; provided that~~)) :
731
732 1.  ((~~the~~)) any applicable limits on  density ((~~limitations of the zone must be~~)) are met; ((~~and~~))
733
734 2. ((~~provided that~~))  any  ((~~parking~~)) nonconformity  with respect to parking  ((~~shall not be~~))  is not  increased as a result of the conversion;  and
735
736 3. in ((~~Lowrise Duplex/Triplex~~)) LR1 zones the total number of dwelling units in ((~~any structure~~))  an apartment is limited to three ((~~ (3)~~)).
737
738 * * *
739
740 Section 16. Subsection A of Section 23.42.110 of the Seattle Municipal Code, which section was last amended by Ordinance 120293, is amended as follows:
741
742 23.42.110 Change from one nonconforming use to another nonconforming use((~~ .~~))
743
744 A nonconforming use may be converted by an administrative conditional use authorization to another use not otherwise permitted in the zone subject to the following limitations and conditions.
745
746 A. In single-family((~~ ,~~)) and  residential small lot  zones , ((~~and Lowrise Duplex/Triplex zones,~~)) a nonconforming multifamily  residential use ((~~or structure~~)) may not be converted to any nonresidential use not otherwise permitted in the zone.
747
748 * * *
749
750 Section 17. Section 23.42.114 of the Seattle Municipal Code, which section was last amended by Ordinance 120293, is amended as follows:
751
752 23.42.114 Multifamily structures nonconforming to development standards((~~ .~~))
753
754 The following provisions apply to multifamily structures ((~~that do not comply with current development standards~~))  nonconforming to development standards .
755
756 A. A ((~~nonconforming ground-related~~))multifamily structure ((~~or apartment located~~))  nonconforming to development standards  in a ((~~Lowrise Duplex/Triplex (LDT) or~~)) Lowrise 1 (L R 1) zone may be expanded or extended ((~~provided~~))  if  the expansion or extension ((~~shall~~)) conform s  to the development standards of the zone and ((~~shall~~))  does  not cause an already nonconforming structure to become more nonconforming to development standards.
757
758 B. Additional residential units may be added to a ((~~nonconforming ground-related~~)) multifamily structure  nonconforming to development standards  ((~~or apartment structure, provided~~)) if  the addition ((~~shall~~)) conform s  to the development standards of the zone and ((~~shall~~))  does  not cause an already nonconforming structure to become more nonconforming to development standards.
759
760 ((~~C. In Lowrise Duplex/Triplex zones, a nonconforming ground related multifamily structure or an apartment may be converted to any permitted use if all development standards are met except for open space and ground level access.~~))
761
762 Section 18. Subsection A of Section 23.42.122 of the Seattle Municipal Code, which section was last amended by Ordinance 120293, is amended as follows:
763
764 23.42.122 Height nonconformity((~~ .~~))
765
766 A.  Single-family and multifamily zones.
767
768 1.  In single-family ((~~and multifamily~~)) zones, a structure nonconforming as to height may be expanded or extended to add eaves, dormers and/or clerestories to an existing pitched roof ((~~provided~~))  if  the additions are constructed below the highest point of the roof. An existing pitched roof that is above the height limit ((~~shall~~))  may  not be converted into a flat roof ,  nor shall the slope of the roof be ((~~lowered below~~))  reduced to less than a ((~~four in twelve (~~)) ~~4~~:12((~~ )~~)) pitch.
769
770 2. In multifamily zones, a structure nonconforming as to height may be expanded or extended to add eaves, dormers and/or clerestories to an existing pitched roof if the additions are constructed below the highest point of the roof, pursuant to Section 23.45.514. An existing pitched roof that is above the height limit may not be converted into a flat roof, nor shall the slope of the roof be reduced to less than a ((~~six to twelve (~~)) 6:12 ((~~ )~~)) pitch.
771
772 * * *
773
774 Section 19. Subsection D of Section 23.43.008 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is amended as follows:
775
776 Section 23.43.008 Development ((~~S~~)) s tandards for one dwelling unit per lot
777
778 * * *
779
780 D. Yards and ((~~S~~)) s etbacks.
781
782 1. Front and ((~~R~~)) r ear ((~~Y~~)) y ards.
783
784 a. The sum of the front yard plus the rear yard shall be a minimum of 30 feet.
785
786 b. In no case shall either yard have a depth of less than 10 feet.
787
788 c. If recommended in a neighborhood plan adopted or amended by the City Council after January 1, 1995, an ordinance designating an area as RSL may require front and/or rear yard s  ((~~setbacks~~)) greater than 10 feet, provided that the requirement of subsection 23.43.008.D.1.a shall not be increased or decreased, and the requirement of subsection 23.43.008.D.1.b shall not be reduced.
789
790 2. Side ((~~S~~)) s etbacks. The required minimum side setback is 5 feet. The side setback may be averaged. No portion of the side setback shall be less than 3 feet, except as follows:
791
792 a. Street side setbacks shall be a minimum of 5 feet.
793
794 b. If an easement is provided along a side lot line of the abutting lot sufficient to leave a 10 foot separation between the two principal structures of the two lots, the required side ((~~yard~~))  setback  may be reduced from the requirement of subsection 23.43.008.D.2. The easement shall be recorded with the King County Department of Records and Elections. The easement shall provide access for normal maintenance activities to the principal structure on the lot with less than the required side setback. No principal structure shall be located in the easement area, except that the eaves of a principal structure may project a maximum of 18 inches into the easement area. No portion of any structure, including eaves, shall cross the property line.
795
796 3. ((~~For all developments except cluster developments, only~~))  The following parts of  structures ((~~that comply with the following~~)) may project into a required yard or setback ,  provided that the applicable restrictions in subsections 23.43.008.D.3 and D.4 are met :
797
798 a. Uncovered ((~~P~~)) p orches or ((~~S~~)) s teps. Uncovered, unenclosed porches or uncovered, unenclosed steps that project into a required yard or setback, if the porch or steps are no higher than 4 feet on average above existing grade,  are no closer than 3 feet to any side lot line, no wider than 6 feet, and project no more than 6 feet into a required front or rear yard. The heights of porches and steps are to be calculated separately.
799
800 b. Certain ((~~F~~)) f eatures of a ((~~S~~)) s tructure.
801
802 1) External architectural features with no living area ,  such as chimneys, eaves, cornices and columns, that project no more than 18 inches into a required yard or setback((~~ ;~~)) .
803
804 2) Bay windows that are no wider than 8 feet and project no more than 2 feet into a required front or rear yard or street side setback((~~ ;~~)) .
805
806 3) Other external architectural features that include interior space such as garden windows, and project no more than 18 inches into a required yard or setback, starting a minimum of 30 inches above the height of a finished floor, and with maximum dimensions of 6 feet in height and 8 feet in width((~~ ;~~)) .
807
808 4.  Limit on features on a facade. The combined area of features that project into a required yard or setback pursuant to subsection 23.43.008.D.3.b may ((~~comprise no more than~~))  not exceed  30 percent of the area of the facade on which the features are located.
809
810 * * *
811
812 Section 20. Subsection B of Section 23.44.034 of the Seattle Municipal Code, which section was last amended by Ordinance 199239, is amended as follows:
813
814 23.44.034 Planned residential development (PRD)((~~ .~~))
815
816 * * *
817
818 B. Type of ((~~Dwelling Units~~))  housing  ((~~P~~)) p ermitted.
819
820 1. Only single-family dwelling units shall be permitted within ((~~one hundred (~~))100((~~ )~~)) feet of a PRD's ((~~property~~))  lot  line which abuts or is directly across the street from a single-family zoned lot, except as provided in  this subsection  23.44.034. B((~~2~~)).
821
822 2. ((~~Either single-family~~))  Single-family  dwelling units , cottage housing developments, rowhouse developments,  ((~~or~~))  and  townhouse((~~s~~))  developments  are permitted ((~~when~~))  if  within ((~~one hundred (~~))100((~~ )~~)) feet of a ((~~property~~))  lot  line of a PRD ((~~which~~))  that  does not abut ((~~or~~))  and  is not across a street from a single-family zoned lot ,  or  that  is separated from the single- family zoned lot by physical barriers, such as bodies of water, ravines, greenbelts, freeways, expressways and other major traffic arterials or topographic breaks ((~~which~~))  that  provide substantial separation from the surrounding single-family neighborhood.
823
824 3. ((~~Either single-family~~))  Single-family  dwelling units , cottage housing developments, rowhouse developments,  ((~~or~~))  and  townhouse((~~s~~))  developments  are permitted when more than ((~~one hundred (~~))100((~~ )~~)) feet from a PRD's ((~~property~~))  lot  line.
825
826 4. ((~~Townhouses~~))  Cottage housing developments, rowhouse developments, and townhouse developments  shall meet the development standards for structures in Lowrise 1 zones, unless otherwise specified in this ((~~subchapter~~))  Chapter 23.44 .
827
828 * * *
829
830 Section 21. Section 23.45.002 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, and the subchapter and parts headings in the table of contents for Chapter 23.45 of the Seattle Municipal Code, both of which were last amended by Ordinance 123209, as shown in Attachment A to this ordinance, are repealed.
831
832 Section 22. Section 23.45.502 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
833
834 23.45.502 Scope of provisions
835
836 This Chapter 23.45 ((~~describes the authorized uses and development standards~~))  establishes regulations  for the following zones:
837
838 ((~~Lowrise Duplex/Triplex (LDT);~~))
839
840 Lowrise 1 (L R 1);
841
842 Lowrise 2 (L R 2);
843
844 Lowrise 3 (L R 3);
845
846 ((~~Lowrise 4 (L4)~~))
847
848 Midrise (MR) (references to Midrise zones include the Midrise/85 (MR/85) zone unless otherwise noted); and
849
850 Highrise (HR).
851
852 Section 23. Section 23.45.004 of the Seattle Municipal Code, providing a cross-reference to the section about permitted and prohibited uses in multifamily zones, which section was last amended by Ordinance 123209, and as shown in Attachment A to this ordinance, is repealed.
853
854 Section 24. Subsections A, B, and C of Section 23.45.504 of the Seattle Municipal Code, which section was last amended by Ordinance 123378, are amended as follows:
855
856 23.45.504 Permitted and ((~~P~~)) p rohibited ((~~U~~)) u ses
857
858 A. All uses are permitted outright, prohibited or permitted as a conditional use according to Table A for 23.45.504 and this Section 23.45.504. Uses not referred to in Table A are prohibited, unless otherwise indicated in this Chapter 23.45 or Chapters 23.51A ,  ((~~or~~)) 23.51B , or 23.57 .  Communication utilities and accessory communication devices, except as exempted in Section 23.57.002, are subject to the regulations in this Chapter 23.45 and additional regulations in Chapter 23.57. Public facilities are subject to the regulations in Section 23.51A.004.
859
860 B. All permitted uses are allowed as a principal use or as an accessory use, unless otherwise indicated in this Chapter 23.45.
861
862 Table A for 23.45.504: Permitted and Prohibited Uses
863
864<table><tr><td></td></tr>
865
866<tr><td></td><td>Permitted and Prohibited Uses by Zone
867
868</td></tr>
869
870<tr><td>Uses
871
872</td><td>(( LDT, )) LR1, LR2, and LR3 (( and L4 ))
873
874</td><td>MR and HR
875
876</td></tr>
877
878<tr><td>A. Residential use
879
880</td><td>P
881
882</td><td>P
883
884</td></tr>
885
886<tr><td>B. Institutions
887
888</td><td>P/CU1
889
890</td><td>P/CU1
891
892</td></tr>
893
894<tr><td>(( C. Public Facilities
895
896</td><td></td><td></td></tr>
897
898<tr><td>C.1. Uses in public facilities that are similar to uses permitted outright in this Section 23.45.504
899
900</td><td>P2
901
902</td><td>P2
903
904</td></tr>
905
906<tr><td>C.2. Police precinct stations; fire stations; public boat moorages; utility service uses; and other similar public facilities that meet the development standards for institutions in 23.45.570
907
908</td><td>P
909
910</td><td>P
911
912</td></tr>
913
914<tr><td>C.3. Police precinct stations; fire stations; public boat moorages; utility service uses; and other similar public facilities not meeting the development standards for institutions in 23.45.570
915
916</td><td>Type IV or Type V decision3
917
918</td><td>Type IV or Type V decision3
919
920</td></tr>
921
922<tr><td>C.4. New public facilities not listed in subsections C.1 and C.2 of this Table A for 23.45.504, and major expansions of such public facilities
923
924</td><td>Type IV or Type V decision3
925
926</td><td>Type IV or Type V decision3))
927
928</td></tr>
929
930<tr><td>C. Uses in existing or former public schools
931
932</td><td></td><td></td></tr>
933
934<tr><td>C.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 in existing or former public schools.
935
936</td><td>P
937
938</td><td>P
939
940</td></tr>
941
942<tr><td>C.2. Other non-school uses in existing or former public schools
943
944</td><td>Permitted pursuant to procedures established in Chapter 23.78
945
946</td><td>Permitted pursuant to procedures established in Chapter 23.78
947
948</td></tr>
949
950<tr><td>D. Park and pool and park and ride lots
951
952</td><td>X/CU(( 4))2
953
954</td><td>X/CU(( 4))2
955
956</td></tr>
957
958<tr><td>E. Parks and playgrounds including customary uses
959
960</td><td>P
961
962</td><td>P
963
964</td></tr>
965
966<tr><td>F. Ground floor commercial uses(( 5))
967
968</td><td>RC
969
970</td><td>P3
971
972</td></tr>
973
974<tr><td>G. Medical Service Uses other than permitted ground floor commercial uses
975
976</td><td>P/X(( 6))4
977
978</td><td>P/CU/X(( 6))4
979
980</td></tr>
981
982<tr><td>H. Uses not otherwise permitted in landmark structures
983
984</td><td>CU
985
986</td><td>CU
987
988</td></tr>
989
990<tr><td>I. Cemeteries
991
992</td><td>P/X(( 7))5
993
994</td><td>P/X(( 7))5
995
996</td></tr>
997
998<tr><td>J. Community Gardens
999
1000</td><td>P
1001
1002</td><td>P
1003
1004</td></tr>
1005
1006<tr><td>K. All other uses
1007
1008</td><td>X
1009
1010</td><td>X
1011
1012</td></tr>
1013
1014<tr><td>Footnotes to Table A for 23.45.504
1015
10161. Institutions meeting development standards are permitted outright; all others are administrative conditional uses pursuant to Section 23.45.506. The provisions of this Chapter 23.45 shall apply to Major Institution uses as provided in Chapter 23.69.
1017
1018(( 2. These public facilities are subject to the same use regulations and development standards that govern the similar use. ))
1019
1020(( 3. These public facilities may be permitted pursuant to Section 23.51A.004. ))
1021
1022(( 4 ))2. Prohibited in Station Area Overlay Districts; otherwise, permitted as an administrative conditional use pursuant to Section 23.45.506.
1023
1024(( 5 ))3. Subject to subsection 23.45.504.E.
1025
1026(( 6 ))4. Subject to subsection 23.45.504.G and 23.45.506.F.
1027
1028(( 7 ))5. Subject to subsection 23.45.504.F.
1029
1030P = Permitted outright
1031
1032CU = Permitted as an Administrative Conditional Use
1033
1034RC = Permitted in areas zoned Residential Commercial (RC) (( zones )), and subject to the provisions of the RC zone, Chapter 23.46(( . ))
1035
1036X = Prohibited
1037
1038</td></tr>
1039
1040</table> C. Accessory uses. The following accessory uses are permitted in all multifamily zones, subject to the standards in Section 23.45.545, if applicable:
1041
1042 1. Private garages and carports;
1043
1044 2. Private, permanent swimming pools, hot tubs and other similar uses;
1045
1046 3. Solar collectors, including solar greenhouses;
1047
1048 4. Open wet moorage accessory to residential structures;
1049
1050 5. Uses accessory to parks and playgrounds, pursuant to Section 23.45.578;
1051
1052 6. Bed and breakfasts in a dwelling unit that is at least five years old;
1053
1054 7. Recycling collection stations ((~~and~~));
1055
1056 8. Urban farms with planting area not more than 4,000 square feet. Urban farms with greater than 4,000 square feet of planting area may be allowed as an administrative conditional use to any use permitted outright or as a conditional use. The Director may grant, condition or deny a conditional use permit in accordance with subsection 23.42.051.B ; and
1057
1058 9. Accessory dwelling units .
1059
1060 * * *
1061
1062 Section 25. Section 23.45.006 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, and as shown in Attachment A to this ordinance, is repealed.
1063
1064 Section 26. Subsections C and F of Section 23.45.506 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, are amended as follows:
1065
1066 Section 23.45.506 Administrative ((~~C~~)) c onditional ((~~U~~)) u ses
1067
1068 * * *
1069
1070 C. Institutions other than public schools not meeting the development standards of 23.45.570, Institutions, and Major Institution uses as provided in Chapter 23.69, may be permitted subject to the following:
1071
1072 1. Bulk and Siting. In order to accommodate the special needs of the proposed institution, and to better site the facility with respect to its surroundings, the Director may modify the applicable development standards ((~~for modulation, landscaping, provision of open space, and structure width, depth and setbacks~~)). In determining whether to allow such modifications, the Director shall balance the needs of the institution against the compatibility of the proposed institution with the residential scale and character of the surrounding area.
1073
1074 2. Dispersion Criteria. An institution that does not meet the dispersion criteria of Section 23.45.570 may be permitted by the Director upon determination that it would not substantially worsen parking shortages, traffic safety hazards, and noise in the surrounding residential area.
1075
1076 3. Noise. The Director may condition the permit in order to mitigate potential noise problems. Measures the Director may require for this purpose include, but are not limited to the following: landscaping, sound barriers, fences, berms, adjustments to yards or the location of refuse storage areas, location of parking areas and access, structural design modifications, and regulating hours of use.
1077
1078 4. Transportation Plan. A transportation plan is required for proposed new institutions and for those institutions proposing to expand larger than 4,000 square feet of floor area and/or required to provide 20 or more new parking spaces. The Director may condition a permit to mitigate potential traffic and parking impacts pursuant to a Transportation Management Plan or Program as described in directors rules governing such plans or programs. The Director will determine the level of detail to be disclosed in the transportation plan based on the probable impacts and/or scale of the proposed institution.
1079
1080 * * *
1081
1082 F. In addition to medical service uses permitted as ground floor commercial uses pursuant to subsection 23.45.504.E, medical service uses occupying over 4,000 square feet may be permitted in Highrise zones as administrative conditional uses on lots that are at least 25,000 square feet in size, have not been in residential use since January 1, 1989, and are located on a block that abuts a Neighborhood Commercial zone on at least two entire sides of the block (defined for the purpose of this subsection 23.45.506.F as  an  area((~~s~~)) bounded by street lot lines).
1083
1084 1. In order to approve a medical service use, the Director must determine that the medical service use is an expansion of an existing medical service business establishment in the immediate vicinity that is not a major institution.
1085
1086 2. Design review is required.
1087
1088 3. The development standards in Sections 23.45.510, 23.45.514, 23.45.516, 23.45.518, 23.45.520, and 23.45.536 do not apply to the portion of the structure occupied by medical service uses, except as specified in this subsection 23.45.506.F. Portions of the structure occupied by medical service uses shall meet the following development standards:
1089
1090 a. The maximum height for the portions of structures containing medical office uses is 108 feet, except that the provisions for green roofs  and rooftop features in ((~~subsection~~))  Section 23.45.514((~~ .E and rooftop features in subsection 23.45.514.F~~)) apply.
1091
1092 b. The average of the gross floor area of stories in medical service use above 45 feet in height shall not exceed 60 percent of the area of the lot.
1093
1094 4. Setbacks
1095
1096 a. Setbacks shall be required as shown on Table A for 23.45.506.
1097
1098 Table A for 23.45.506: Setback Requirements for Medical Office Uses  (all measurements in feet)
1099
1100<table><tr><td></td></tr>
1101
1102<tr><td>Elevation of Facade or Portion of Facade from Existing Grade
1103
1104</td><td>Setback on Street Frontages
1105
1106</td><td>Setback on Alley Frontages
1107
1108</td><td>Setback on shared lot lines
1109
1110</td></tr>
1111
1112<tr><td>45(( ' )) or less
1113
1114</td><td>7(( ' ))average, 5(( ' )) minimum
1115
1116</td><td>0(( ' ))
1117
1118</td><td>7(( ' )) average, 5(( ' )) minimum
1119
1120</td></tr>
1121
1122<tr><td>More than 45(( ' )) up to 108(( ' ))
1123
1124</td><td>10(( ' )) average, 7(( ' )) minimum
1125
1126</td><td>10(( ' ))
1127
1128</td><td>15(( ' )) average, 10(( ' )) minimum
1129
1130</td></tr>
1131
1132</table> b. If the ground floor of a street facade is in use as a child care center, community center, or commercial use permitted on the ground floor by Section 23.45.504, no setback is required for the portion of the street facade that is 45((~~ '~~))  feet in height or less.
1133
1134 c. If a lot abutting the lot is developed to the side lot line, portions of the proposed development that are 45 feet in height or less may be joined to the abutting structure.
1135
1136 d. Projections into required setbacks , and structures in required setbacks,  are permitted  pursuant to  ((~~as provided for in subsection~~))  Section  23.45.518((~~ .F, and structures in required setbacks are permitted as provided for in subsections 23.45.518.G~~)).
1137
1138 5. A minimum of 25 percent of the lot area shall be provided as landscaped open space at ground level. Except as provided in this subsection 23.45.506.F.5, no horizontal dimension for required open space shall be less than 10 feet, nor shall any required open space area be less than 225 square feet. The following additional areas may be included in the calculation of required ground level open space:
1139
1140 a. Area in the public right-of-way of a neighborhood green street designated in Section 23.45.516 abutting the lot that is improved according to a plan approved by the Director, in consultation with the Director of the  Seattle Department of Transportation; except that the Director may waive the requirement that the neighborhood green street abut the lot and allow the improvements to be made to a neighborhood green street located in the general vicinity of the project, if such an improvement is determined to be beneficial to the occupants of the project; and
1141
1142 b. Landscaped area in the public right-of-way that abuts the required open space on the lot, when the landscaping contributes to achievement of the Green Factor score required in subsection 23.45.506.F.6. below.
1143
1144 6. The landscaping and screening requirements of Section 23.45.524 apply, except that the required Green Factor score is 0.3 or greater, pursuant to Section 23.86.019.
1145
1146 7. Parking shall be required as provided in Chapter 23.54.
1147
1148 8. The Director shall determine the location of access to parking. In order to promote pedestrian safety and comfort, ((~~the~~)) access via an alley is preferred. Where street access is deemed appropriate, due to safety hazards, topography, or other special conditions of the lot, the number of curb cuts and the width of curb cuts, driveways, and garage openings shall be minimized.
1149
1150 9. No surface area parking shall be provided, and no parking shall be located at or above grade, unless it is separated from all street lot lines by another use.
1151
1152 10. The preferred access to loading berths shall be from an alley if the lot abuts an alley. Loading berths shall be located so that access to any residential parking is not blocked.
1153
1154 11. The Director shall determine the location of passenger load zones, based on safety considerations, minimizing conflicts with automobile and pedestrian traffic, reducing impacts on any nearby residential uses, and the efficient operation of the medical service use.
1155
1156 12. Identifying signs shall be permitted according to Chapter 23.55, Signs.
1157
1158 13. For mixed use structures containing both medical service uses and residential uses, the portion of the structure in residential use shall meet the requirements of the HR zone, except as modified by the following:
1159
1160 a. The maximum width and floor size limits in Section 23.45.520 apply to any portion of the structure in residential use above 45 feet in height.
1161
1162 b. ((~~Residential amenity~~))  Amenity areas shall be provided according to the provisions of Section 23.45.522. Open space required at ground level pursuant to subsection 23.45.506.F.5 may be ((~~included~~))  counted  as ((~~residential~~)) amenity area if it meets the applicable development standards of ((~~subsection~~))  Section  23.45.522((~~ .B~~)).
1163
1164 c. No landscaped open space is required in addition to the open space required in subsection 23.45.506.F.5.
1165
1166 * * *
1167
1168 Section 27. Section 23.45.508 of the Seattle Municipal Code, which section was last amended by Ordinance 123378, is amended as follows:
1169
1170 23.45.508 General provisions
1171
1172 A. Except for structures related to an urban farm, a structure occupied by a permitted use other than a residential use may be partially or wholly converted to a residential use even if the structure does not conform to the development standards for residential uses in multifamily zones.
1173
1174 B. Off street parking shall be provided  pursuant to ((~~if required in~~)) Section 23.54.015 . ((~~ , except that one residential unit may be added to a residential structure without a parking space pursuant to subsection 23.54.020.A.~~))
1175
1176 C. Expansions of nonconforming converted structures and conversions of structures occupied by nonconforming uses are regulated by Sections 23.42.108 and 23.42.110.
1177
1178 D. Methods for measurements are provided in Chapter 23.86. Requirements for streets, alleys and easements are provided in Chapter 23.53. Standards for parking and access and design are provided in Chapter 23.54.  Standards for solid waste and recyclable materials storage space are provided in Section 23.54.040. Standards for signs are provided in Chapter 23.55.
1179
1180 E. Assisted living facilities, congregate housing, and nursing homes shall meet the development standards for apartments unless otherwise specified.
1181
1182 F. Single-family dwelling units. In Lowrise zones, single-family dwelling units shall meet the development standards for townhouse developments, except that Section 23.45.529, Design standards, does not apply. In MR and HR zones, single-family dwelling units shall meet the development standards of the zone.
1183
1184 ((~~2~~)) G . Proposed uses in all multifamily zones are subject to the transportation concurrency level-of-service standards prescribed in Chapter 23.52.
1185
1186 ((~~E~~)) H . ((~~Development standards~~)) Lots with no street frontage. For purposes of structure width, depth, and setbacks, multifamily zoned lots that have no street frontage are subject to the following:
1187
1188 ((~~a~~)) 1 . For lots that have only one alley lot line, the alley lot line ((~~may~~))  shall be treated as a front lot line.
1189
1190 ((~~b~~)) 2 . For lots that have more than one alley lot line, ((~~only~~))  the Director shall determine which ((~~one~~)) alley lot line ((~~may~~))  shall  be treated as ((~~a~~))  the  front lot line.
1191
1192 ((~~c~~)) 3 . For lots that have no alley lot lines, the applicant may choose the front lot line provided that the selected front lot line length is at least 50 percent of the width of the lot.
1193
1194 ((~~2. Proposed uses in all multifamily zones are subject to the transportation concurrency level-of- service standards prescribed in Chapter 23.52.~~))
1195
1196 ((~~3~~)) I . All use provisions and development standards applicable to MR zones, except maximum height, also apply in the MR/85 zone.
1197
1198 J. Any other provision of the Seattle Municipal Code notwithstanding, an applicant is not entitled to a permit for any use or development on a lot in a Lowrise zone that would be inconsistent with any term, condition, or restriction contained either in any recorded agreement that is in effect as to that lot and was made in connection with a rezone of the lot to LDT, L1, L2, L3, or L4, or in any City Council decision or ordinance related to a rezone of the lot to LDT, L1, L2, L3, or L4 conditioned on a recorded agreement prior to the effective date of the ordinance introduced as Council Bill 117014.
1199
1200 ((~~F. Solid Waste and Recyclable Materials Storage Space.~~
1201
1202~~1. Storage space for solid waste and recyclable materials containers shall be provided for all new and expanded multifamily structures as indicated in Table A for 23.45.508. For the purposes of this subsection, "expanded multifamily structure" means expansion of multifamily structures with ten or more existing units by two or more units.~~
1203
1204~~Table A for 23.45.508: Storage space for Solid Waste and Recyclable Materials Containers~~
1205
1206<table><tr><td>Multifamily Structure Size
1207
1208</td><td>Minimum Area for Storage Space
1209
1210</td><td>Container Type
1211
1212</td></tr>
1213
1214<tr><td>7-15 units
1215
1216</td><td>75 square feet
1217
1218</td><td>Rear-loading containers
1219
1220</td></tr>
1221
1222<tr><td>16-25 units
1223
1224</td><td>100 square feet
1225
1226</td><td>Rear-loading containers
1227
1228</td></tr>
1229
1230<tr><td>26-50 units
1231
1232</td><td>150 square feet
1233
1234</td><td>Front-loading containers
1235
1236</td></tr>
1237
1238<tr><td>51-100 units
1239
1240</td><td>200 square feet
1241
1242</td><td>Front-loading containers
1243
1244</td></tr>
1245
1246<tr><td>More than 100 units
1247
1248</td><td>200 square feet plus 2 square feet for each additional unit
1249
1250</td><td>Front-loading containers
1251
1252</td></tr>
1253
1254</table>~~2. The design of the storage space shall meet the following requirements:~~
1255
1256~~a. The storage space shall have no minimum dimension (width and depth) less than 6 feet;~~
1257
1258~~b. The floor of the storage space shall be level and hard-surfaced (garbage or recycling compactors require a concrete surface); and~~
1259
1260~~c. If located outdoors, the storage space shall be screened from public view and designed to minimize any light and glare impacts.~~
1261
1262~~3. The location of the storage space shall meet the following requirements:~~
1263
1264~~a. The storage space shall be located on the lot of the structure it serves and, if located outdoors, it shall not be located between a street-facing I of the structure and the street;~~
1265
1266~~b. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure;~~
1267
1268~~c. The storage space shall not block or impede any fire exits, public rights-of-ways or any pedestrian or vehicular access; and~~
1269
1270~~d. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments.~~
1271
1272~~4. Access to the storage space for occupants and service providers shall meet the following requirements:~~
1273
1274~~a. For rear-loading containers (usually 2 cubic yards or smaller):~~
1275
1276~~1) Any proposed ramps to the storage space shall be of 6 percent slope or less, and~~
1277
1278~~2) Any proposed gates or access routes shall be a minimum of 6 feet wide; and~~
1279
1280~~b. For front-loading containers (usually larger than 2 cubic yards):~~
1281
1282~~1) Direct access shall be provided from the alley or street to the containers,~~
1283
1284~~2) Any proposed gates or access routes shall be a minimum of 10 feet wide, and~~
1285
1286~~3) When accessed directly by a collection vehicle into a structure, a 21 foot overhead clearance shall be provided.~~
1287
1288~~5. The Director, in consultation with the Director of Seattle Public Utilities, shall have the discretion to modify the requirements of subsections 23.45.508.F.1 through F.4 under the following circumstances:~~
1289
1290~~a. When the applicant can demonstrate difficulty in meeting any of the requirements of subsections 23.45.508.F.1 through F.4; or~~
1291
1292~~b. When the applicant proposes to expand a multifamily building, and the requirements of subsections 23.45.508.F.1 through F.4 conflict with opportunities to increase residential densities; and~~
1293
1294~~c. When the applicant proposes alternative, workable measures that meet the intent of this Section 23.45.508.~~
1295
1296~~6. The solid waste and recyclable materials storage space specifications required in subsections 23.45.508.F.1 through F.4, in addition to the number and sizes of containers, shall be included on the plans submitted with the permit application.~~))
1297
1298 Section 28. Nine sections of the Seattle Municipal Code, Section 23.45.009 Structure Height, which section was last amended by Ordinance 123209; Section 23.45.010 Lot Coverage Limits, which section was last amended by Ordinance 118794; Section 23.45.011 Structure width and depth, which section was last amended by Ordinance 114888; 23.45.012 Modulation, which section was last amended by Ordinance 120117; Section 23.45.014 Setbacks, which section was last amended by Ordinance 123209; Section 23.45.015 Screening and Landscaping, which section was last amended by Ordinance 121477; Section 23.45.016 Open Space Requirements, which section was last amended by Ordinance 123046; Section 23.45.017 Light and Glare, which section was last amended by Ordinance 115043; and Section 23.45.018, Parking and Access, which section was last amended by Ordinance 120611; all for Lowrise zones, as shown in Attachment A to this ordinance, are repealed.
1299
1300 Section 29. Section 23.45.510 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
1301
1302 23.45.510 Floor area ratio (FAR)  limits  ((~~in Midrise and Highrise Zones~~))
1303
1304 ((~~A. Floor area ratio (FAR) limits apply to all structures and lots in Midrise and Highrise zones as shown in Table A for 23.45.510.~~))
1305
1306 A. General provisions.
1307
1308 1. All gross floor area not exempt under subsection 23.45.510.((~~B~~)) E  counts toward the maximum gross floor area allowed under the  floor area ratio ( FAR )  limits.
1309
1310 2. The applicable FAR limit applies to  the total non-exempt gross floor area of  all structures on the lot ((~~ , subject to subsection 23.45.510.A.3~~)).
1311
1312 3. ((~~When~~)) If  a lot is in more than one zone, the FAR limit  for each zone applies to the portion of the lot located in that zone, and ((~~for the entire lot is the sum of the limits that would apply to the portion of the lot located in each zone, but~~)) the floor area on the portion of the lot with the lower FAR limit may not exceed the amount that would be permitted if it were a separate lot.
1313
1314 B. FAR limits in LR zones
1315
1316 Floor area ratio limits apply in LR zones as shown in Table A for 23.45.510.
1317
1318 Table A for 23.45.510: Floor Area Ratios in Lowrise Zones
1319
1320<table><tr><td></td></tr>
1321
1322<tr><td>Zone
1323
1324</td><td>Location
1325
1326</td><td>Category of Residential Use(1)
1327
1328</td></tr>
1329
1330<tr><td></td><td>Outside or Inside
1331
1332Urban Centers, Urban Villages, and the Station Area Overlay District
1333
1334</td><td>Cottage Housing Developments
1335
1336and Single-Family Dwelling Units
1337
1338</td><td>Rowhouse Developments(2)
1339
1340</td><td>Townhouse Developments(2)
1341
1342</td><td>Apartments(2)
1343
1344</td></tr>
1345
1346<tr><td>LR1
1347
1348</td><td>Either outside or inside
1349
1350</td><td>1.1
1351
1352</td><td>1.0 or 1.2
1353
1354</td><td>0.9 or 1.1
1355
1356</td><td>1.0
1357
1358</td></tr>
1359
1360<tr><td>LR2
1361
1362</td><td>Either outside or inside
1363
1364</td><td>1.1
1365
1366</td><td>1.1 or 1.3
1367
1368</td><td>1.0 or 1.2
1369
1370</td><td>1.1 or 1.3
1371
1372</td></tr>
1373
1374<tr><td>LR3
1375
1376</td><td>Outside
1377
1378</td><td>1.1
1379
1380</td><td>1.2 or 1.4
1381
1382</td><td>1.1 or 1.3
1383
1384</td><td>1.3 or 1.5(3)
1385
1386</td></tr>
1387
1388<tr><td>Inside
1389
1390</td><td>1.1
1391
1392</td><td>1.2 or 1.4
1393
1394</td><td>1.2 or 1.4
1395
1396</td><td>1.5 or 2.0
1397
1398</td></tr>
1399
1400<tr><td>Footnotes for A for 23.45.510:
1401
1402(1)If more than one type of residential use is provided on a lot, the FAR limit for each residential use is the higher FAR limit for each residential use in this Table A for 23.45.510 only if the conditions in subsection 23.45.510.C are satisfied for all residential uses on the lot.
1403
1404(2)The higher FAR limit applies if the project meets the standards of subsection 23.45.510.C.
1405
1406(3)On lots that abut a street with frequent transit service, the higher FAR limit is 1.6.
1407
1408</td></tr>
1409
1410</table> C. In LR zones, in order to qualify for the higher FAR limit shown in Table A for 23.45.510, the following standards shall be met:
1411
1412 1. Applicants shall make a commitment that the structure will meet green building performance standards by earning a Leadership in Energy and Environmental Design (LEED) Silver rating or a Built Green 4-star rating of the Master Builders Association of King and Snohomish Counties, except that an applicant who is applying for funding from the Washington State Housing Trust Fund and/or the Seattle Office of Housing to develop new affordable housing, may elect to meet green building performance standards by meeting the Washington Evergreen Sustainable Development Standards (ESDS). The standards referred to in this subsection 23.45.510.C.1 are those identified in Section 23.45.526, and that section shall apply as if the application were for new development gaining extra residential floor area.
1413
1414 2. For all categories of residential use, if the lot abuts an alley and the alley is used for access, improvements to the alley shall be required as provided in subsections 23.53.030.E and F, except that the alley shall be paved rather than improved with crushed rock, even for lots containing fewer than ten dwelling units.
1415
1416 3. Parking location if parking is provided.
1417
1418 a. For rowhouse and townhouse developments, parking shall be located in an enclosed area that is below grade or that projects a maximum of 4 feet above finished grade, or in a parking area or structure at the rear of the lot.
1419
1420 b. For apartments, parking may either:
1421
1422 1) be located in an enclosed area that is below grade or that projects a maximum of 4 feet above finished grade; or
1423
1424 2) on lots located outside of Urban Centers, Urban Villages, and the Station Area Overlay District, be located off an alley at the rear of the lot, provided that all surface parking is limited to a single row of spaces along the alley and access to each surface parking space is taken directly from the alley.
1425
1426 4. Access to parking if parking is provided.
1427
1428 a. Access to required barrier-free parking spaces may be from either a street or an alley. Subsections 23.45.510.C.4.b, c, and d do not apply to required barrier- free parking spaces.
1429
1430 b. If the lot abuts an alley, access to parking shall be from the alley, unless one or more of the conditions in subsection 23.45.536.C.2 are met.
1431
1432 c. If access cannot be provided from an alley, access shall be from a street if the following conditions are met:
1433
1434 1) on corner lots, the driveway shall abut and run parallel to the rear lot line of the lot or a side lot line that is not a street lot line.
1435
1436 2) on a non-corner lot, there is no more than one driveway per 160 feet of street frontage.
1437
1438 d. if access to parking does not meet one of the standards in this subsection 23.45.510.C.4, or if an exception is granted that allows parking access from both an alley and a street pursuant to subsection 23.45.536.C, the lower FAR limit on Table A for 23.45.510 applies.
1439
1440 ((~~B~~)) D . FAR limits in  MR and HR zones.
1441
1442 1. ((~~Floor area ratio (~~))FAR((~~ )~~)) limits apply to all structures and lots in Midrise and Highrise zones as shown in Table ((~~A~~)) B  for 23.45.510.
1443
1444 Table ((~~A~~)) B  for 23.45.510: Floor Area Ratios in MR and HR zones
1445
1446<table><tr><td></td></tr>
1447
1448<tr><td></td><td>MR
1449
1450</td><td>HR
1451
1452</td></tr>
1453
1454<tr><td>Base FAR
1455
1456</td><td>3.2
1457
1458</td><td>8(( .0 )) on lots 15,000 square feet or less in size;
1459
14607(( .0 )) on lots larger than 15,000 square feet
1461
1462</td></tr>
1463
1464<tr><td>Maximum FAR, allowed pursuant to Chapter 23.58A and Section 23.45.516
1465
1466</td><td>4.25
1467
1468</td><td>13 for structures 240 feet or less in height;
1469
147014 for structures over 240 feet
1471
1472</td></tr>
1473
1474</table> ((~~B~~)) E . The following floor area is exempt from FAR limits:
1475
1476 1. All  underground stories .  ((~~or portions of a story that extend no more than 4 feet above existing or finished grade whichever is lower. See Exhibit A for 23.45.510.~~))~~~~2. The floor area contained in a ((~~designated Seattle~~)) landmark  structure subject to controls and incentives imposed by a designating ordinance, ((~~when~~))  if  the owner of the landmark has executed and recorded an agreement acceptable in form and content to the Landmarks Preservation Board, providing for the restoration and maintenance of the historically significant features of the structure, except that this exemption does not apply to a lot from which a transfer of development potential has been made under Chapter 23.58A, and does not apply for purposes of determining TDP available for transfer under Chapter 23.58A.
1477
1478 3. Structures built prior to January 1, 1982 as single-family dwelling units that will remain in residential use, provided that:
1479
1480 a. no new principal structure is located between that structure and a street lot line, and
1481
1482 b. the exemption is limited to the gross square footage in the structure as of January 1, 1982.
1483
1484 4. For apartments in LR zones that qualify for the higher FAR limit shown in Table A for 23.45.510, and for all multifamily structures in MR and HR zones, portions of a story that extend no more than 4 feet above existing or finished grade, whichever is lower. See Exhibit A for 23.45.510.
1485
1486[Exhibit A for 23.45.510: Area Exempt from FAR](/~ordpics/117014_2345510exa.gif)
1487
1488 5. For townhouse developments and apartments that qualify for the higher FAR limit shown in Table A for 23.45.510, floor area within a structure or portion of a structure that is partially above grade and has no additional stories above, if the following conditions are met:
1489
1490 a. The average height of the exterior walls enclosing the floor area does not exceed 4 feet, measured from existing or finished grade, whichever is lower;
1491
1492 b. The roof area above the exempt floor area is predominantly flat, is used as amenity area, and meets the standards for amenity area at ground level in Section 23.45.522;
1493
1494 c. At least 25 percent of the perimeter of the amenity area on the roof above the floor area is not enclosed by the walls of the structure; and
1495
1496 d. The amenity area is no more than 4 feet above the grade at a point where pedestrian access is provided to the lot.
1497
1498 ((~~3~~)) 6 . Enclosed common ((~~residential~~)) amenity ((~~space~~))  area  in Highrise zones.
1499
1500 ((~~4~~)) 7 . As an allowance for mechanical equipment, in any structure more than 85 feet in height, 3.5 percent of the gross floor area that is not exempt under  this  subsection((~~s ((B)) D .1 through ((B)) D .3 of this Section~~)) 23.45.510 .E .
1501
1502 ((~~5~~)) 8 . In HR zones, ground floor commercial uses meeting the requirements of Section 23.45.532, if the street level of the structure containing the ((~~exempt space~~)) commercial uses  has a minimum floor to floor height of 13 feet and a minimum depth of 15 feet.
1503
1504 ((~~C~~)) F . If TDP is transferred from a lot pursuant to Section 23.58A.018, the amount of non-exempt floor area that may be permitted is the applicable base FAR, plus any net amount of TDP previously transferred to the lot, minus the sum of the existing non- exempt floor area on the lot and the amount of TDP transferred.
1505
1506 Section 30. Sections 23.45.008 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is recodified and amended as follows:
1507
1508 ((~~23.45.008~~))  23.45.512  Density  limits ---Lowrise zones
1509
1510 A. There shall be a minimum lot area per dwelling unit  in LR zones for cottage housing developments, townhouse developments, and apartments, as shown on Table A for 23.45.512, except as provided in subsections B, C,  D, E,  ((~~and F~~)) , and G  of this ((~~s~~)) Section 23.45.512(( ~~ , as follows:~~))
1511
1512<table><tr><td>(( Lowrise
1513   
1514 Duplex/Triplex
1515
1516</td><td>- One (1) dwelling unit per two thousand (2,000) square feet of lot area.
1517
1518</td></tr>
1519
1520<tr><td>Lowrise 1
1521
1522</td><td>- One (1) dwelling unit per one thousand six hundred (1,600) square feet of lot area.
1523
1524</td></tr>
1525
1526<tr><td>Lowrise 2
1527
1528</td><td>- One (1) dwelling unit per one thousand two hundred (1,200) square feet of lot area.
1529
1530</td></tr>
1531
1532<tr><td>Lowrise 3
1533
1534</td><td>- One (1) dwelling unit per eight hundred (800) square feet of lot area.
1535
1536</td></tr>
1537
1538<tr><td>Lowrise 4
1539
1540</td><td>- One (1) dwelling unit per six hundred (600) square feet of lot area. ))
1541
1542</td></tr>
1543
1544<tr><td>Table A for 23.45.512: Density Limits in Lowrise Zones
1545
1546</td><td>
1547
1548</td></tr>
1549
1550<tr><td>Zone
1551
1552</td><td>Units allowed per square foot of lot area by category of residential use
1553
1554</td><td>
1555
1556</td></tr>
1557
1558<tr><td></td><td>Cottage Housing Development(1)and Single-family Dwelling Unit
1559
1560</td><td>Rowhouse Development
1561
1562</td><td>Townhouse Development(2)
1563
1564</td><td>Apartment(3)</td><td>
1565
1566</td></tr>
1567
1568<tr><td>LR1
1569
1570</td><td>1/1,600
1571
1572</td><td>No limit
1573
1574</td><td>1/2,200 or 1/1,600
1575
1576</td><td>1/2,000
1577
1578Duplexes and Triplexes only
1579
1580</td><td>
1581
1582</td></tr>
1583
1584<tr><td>LR2
1585
1586</td><td>1/1,600
1587
1588</td><td>No limit
1589
1590</td><td>1/1,600 or No limit
1591
1592</td><td>1/1,200 or No limit
1593
1594</td><td>
1595
1596</td></tr>
1597
1598<tr><td>LR3
1599
1600</td><td>1/1,600
1601
1602</td><td>No limit
1603
1604</td><td>1/1,600 or No limit
1605
1606</td><td>1/800 or No limit
1607
1608</td><td>
1609
1610</td></tr>
1611
1612<tr><td>Footnotes for Table A for 23.45.512
1613
1614(1)See Section 23.45.531 for specific regulations about cottage housing developments.
1615
1616(2)For townhouse developments that meet the standards of subsection 23.45.510.C, the higher density shown is permitted in LR1 zones, and there is no density limit in LR2 and LR3 zones.
1617
1618(3)For apartments that meet the standards of subsection 23.45.510.C, there is no density limit in LR2 and LR3 zones.
1619
1620</td><td>
1621
1622</td></tr>
1623
1624</table> B.  Density exception for certain types of low-income multifamily residential uses.
1625
1626 1.  The exception in this subsection 23.45.512.B applies to ((~~In Lowrise 3 and Lowrise 4 zones,~~)) low-income disabled multifamily ((~~structures~~)) residential uses , low-income elderly multifamily ((~~structures~~)) residential uses,  and low-income elderly/low-income disabled multifamily ((~~structures~~)) residential uses , operated by a public agency or a private nonprofit corporation,  if they do not qualify for the higher FAR limit shown in Table A for 23.45.510.
1627
1628 2. The uses listed in subsection 23.45.512.B.1 shall have a maximum density  of one ((~~as follows:~~
1629
1630~~Lowrise 3 --- One (1)~~~~of~~dwelling unit per five hundred fifty (550) square feet of lot area.
1631
1632~~Lowrise 4 --- One (1)~~))dwelling unit per ((~~four hundred (~~))400((~~ )~~)) square feet of lot area  if ((~~2. In order to qualify for the density provisions of this subsection  23.45.512. B,~~)) a majority of the dwelling units ((~~of the structure shall be~~))  are designed for and dedicated to tenancies of at least three ((~~ (3)~~)) months((~~ .~~)) , and the  ((~~3. The~~)) dwelling units ((~~shall~~)) remain ((~~as a~~))  in low-income disabled multifamily ((~~structure~~)) residential use , low-income elderly multifamily ((~~structure~~)) residential  use , or low-income elderly/low-income disabled multifamily ((~~structure~~))  residential use  for the life of the structure.
1633
1634 C. ((~~In the Lowrise Duplex/Triplex zone, the minimum lot area per dwelling unit for cottage housing developments shall be one (1) dwelling unit per one thousand six hundred (1,600) square feet of lot area. In Lowrise Duplex/Triplex and Lowrise 1 zones, the minimum lot area for cottage housing developments shall be six thousand four hundred (6,400) square feet.~~))  Carriage houses, nursing homes, congregate housing, assisted living facilities, and accessory dwelling units that meet the standards of Section 23.45.545, are exempt from the density limit set in Table A for 23.45.512.
1635
1636 D. In ((~~Lowrise Duplex/Triplex~~))  LR1 zones no ((~~structure~~))  apartment shall contain more than three ((~~ (3)~~)) dwelling units((~~ .~~)) ,  except as permitted in subsections 23.45.512.E and G .
1637
1638 E. Dwelling unit(s) located in structures built prior to January 1, 1982 as single-family dwelling units that will remain in residential use are exempt from density limits and the provisions of subsection 23.45.512.D.
1639
1640 ((~~E~~)) F . ((~~When~~))  If dedication of right-of-way is required, permitted density shall be calculated before the dedication is made.
1641
1642 ((~~F~~)) G . Adding Units to Existing Structures ((~~in Multifamily zones~~)).
1643
1644 1. ((~~In all multifamily zones, one~~)) One additional dwelling unit may be added to an existing ((~~multifamily structure~~))  residential use regardless of the density restrictions in subsections 23. 45 .((~~008~~)) 512 .A, B, C, and D above((~~ , and regardless of the open space requirements in Section 23.45.((016~~)). An additional unit is allowed only if the proposed additional unit is to be located entirely within an existing structure , and no additional floor area is proposed to be added to the existing structure .
1645
1646 2. For the purposes of this subsection  23.45.512.G  "existing  residential ((~~structures~~)) uses " are those ((~~structures or portions of structures~~))  residential uses  that were established under permit  as of October 31, 2001 , or for which a permit has been granted and the permit has not expired on October 31, 2001.
1647
1648 Section 31. Section 23.45.514 of the Seattle Municipal Code, which section was last amended by Ordinance 123378, is amended as follows: 23.45.514 Structure height ((~~in Midrise and Highrise zones~~))
1649
1650 A.  Subject to the additions and exceptions allowed as set forth in this Section 23.45.514, the height limits for principal structures permitted in Lowrise zones are as shown on Table A for 23.45.514.
1651
1652<table><tr><td>Table A for 23.45.514: Structure Height for Lowrise Zones in Feet
1653
1654</td></tr>
1655
1656<tr><td>Housing Type
1657
1658</td><td>LR1
1659
1660</td><td>LR2
1661
1662</td><td>LR3 outside Urban Centers, Urban Villages, and Station Area Overlay Districts
1663
1664</td><td>LR3 in Urban Centers, Urban Villages, and Station Area Overlay Districts
1665
1666</td></tr>
1667
1668<tr><td>Cottage Housing Developments
1669
1670</td><td>18
1671
1672</td><td>18
1673
1674</td><td>18
1675
1676</td><td>18
1677
1678</td></tr>
1679
1680<tr><td>Rowhouse and Townhouse Developments
1681
1682</td><td>30
1683
1684</td><td>30
1685
1686</td><td>30
1687
1688</td><td>30
1689
1690</td></tr>
1691
1692<tr><td>Apartments
1693
1694</td><td>30
1695
1696</td><td>30
1697
1698</td><td>301
1699
1700</td><td>402
1701
1702</td></tr>
1703
1704<tr><td>Footnotes for Table A for 23.45.514:
1705
17061 On lots located in the Delridge High Point Revitalization Area shown in Map A for Section 23.34.020 that were rezoned to Lowrise 4 subject to a property use and development agreement that was signed by a public agency, the height limit for apartments is 40 feet.
1707
17082 The height limit is 30 feet on the portions of lots that are within 50 feet of a single-family zoned lot, unless the lot in the LR zone is separated from a single-family zoned lot by a street.
1709
1710</td></tr>
1711
1712</table> B. The ((~~Base~~)) base  and maximum height limits for principal structure s  ((~~heights~~)) permitted in Midrise and Highrise zones are as shown in Table ((~~A~~)) B  for 23.45.514, subject to the additions and exceptions allowed as set forth in this Section 23.45.514. ((~~The maximum height limit for accessory structures is 12 feet.~~))
1713
1714<table><tr><td>Table (( A ))B for 23.45.514: Structure Height for Midrise and Highrise Zones, in Feet
1715
1716</td></tr>
1717
1718<tr><td></td><td>MR
1719
1720</td><td>MR/85
1721
1722</td><td>HR
1723
1724</td></tr>
1725
1726<tr><td>Base height limit
1727
1728</td><td>60
1729
1730</td><td>85
1731
1732</td><td>160
1733
1734</td></tr>
1735
1736<tr><td>Maximum height limit if extra residential floor area is gained under Chapter 23.58A and Section 23.45.516
1737
1738</td><td>75
1739
1740</td><td>85
1741
1742</td><td>240 or
1743
1744300
1745
1746</td></tr>
1747
1748</table> C. The maximum height for accessory structures that are located in required setbacks or separations is 12 feet, except as follows:
1749
1750 1. Garages and carports are limited to 12 feet in height as measured on the facade containing the vehicle entrance. Open rails may extend an additional 3 feet above the roof of the garage or carport if any portion of the roof is within 4 feet of existing grade.
1751
1752 2. The height limit is 20 feet for an accessory structure that contains an accessory dwelling unit for a rowhouse or townhouse unit. The height limit for an accessory dwelling unit that is accessory to a single-family dwelling unit shall be set according to Section 23.44.041.
1753
1754 3. Freestanding 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 no closer to any lot line than 50 percent of their height above existing grade.
1755
1756 D .  Exceptions for ((~~P~~)) p itched ((~~R~~)) r oofs in LR  zones that are not shed or butterfly roofs. Pitched roofs that are not shed or butterfly roofs may extend above the height limits set in Table A for 23.45.514 subject to the following limits, provided that all parts of the roofs above the height limit have a minimum slope of 6:12, except as provided in subsection 23.45.514.D.5:
1757
1758 1. For cottage housing developments in all LR zones, the ridge of pitched roofs on principal structures may extend up to 7 feet above the height limit.
1759
1760 2. In LR1 and LR2 zones, for structures subject to a 30 foot height limit, the ridge of pitched roofs on principal structures may extend up to 5 feet above the height limit if the height exception in subsection 23.45.514.F is not used.
1761
1762 3. In LR3 zones, for structures subject to a 30 foot height limit, the ridge of pitched roofs on principal structures may either:
1763
1764 a. extend up to 10 feet above the height limit, if the height exception provided in 23.45.514.F is not used, and the number of full stories above grade is limited to three; or
1765
1766 b. extend up to 5 feet above the height limit, if the height exception provided in 23.45.514.F is used.
1767
1768 4. In LR3 zones, for structures subject to a 40 foot height limit, the ridge of pitched roofs on principal structures may extend up to 5 feet above the height limit provided that the height exception in subsection 23.45.514.F is not used.
1769
1770 5. Portions of curved roof forms, such as barrel and domed roofs, may have a lesser slope than 6:12, if the Director determines that the massing of the roof form is comparable to a pitched roof form such as a gable or gambrel roof that would have a minimum slope of 6:12.
1771
1772 E. Shed and butterfly roofs in LR zones.
1773
1774 1. In LR zones, the high side(s) of a shed or butterfly roof may extend 3 feet above the height limits set in Table A for 23.45.514, provided that the low side(s) of the shed or butterfly roof are no higher than the height limit (see Exhibit A for 23.45.514).
1775
1776 2. The roof line of a shed or butterfly roof may be extended in order to accommodate eaves and gutters, provided that the highest point of the roof extension is no more than 4 feet above the height limit.
1777
1778[Exhibit A for 23.45.514: Height Exception for Shed and Butterfly Roofs](/~ordpics/117014_2345514exa.gif)
1779
1780 F. For apartments in LR2 zones, and for all residential uses in LR3 zones, the applicable height limit is increased 4 feet above the height shown on Table A for 23.45.514 for a structure that includes a story that is partially below-grade, provided that:
1781
1782 1. This height exception does not apply to portions of lots that are within 50 feet of a single-family zoned lot, unless the lot in the LR zone is separated from a single-family zoned lot by a street;
1783
1784 2. The number of stories above the partially below-grade story is limited to three stories for residential uses with a 30 foot height limit and to four stories for residential uses with a 40 foot height limit;
1785
1786 3. On the street-facing facade(s) of the structure, the story above the partially below-grade story is at least 18 inches above the elevation of the street, except that this requirement may be waived to accommodate units accessible to the disabled or elderly, consistent with the Seattle Residential Code, Section R322, or the Seattle Building Code, Chapter 11; and
1787
1788 4. The average height of the exterior facades of the portion of the story that is partially below-grade does not exceed 4 feet, measured from existing or finished grade, whichever is less.
1789
1790 ((~~B~~)) G . In MR zones, the base height limit ((~~may be~~))  is  increased by 5 feet if the number of stories in the structure that are more than 4 feet above existing or finished grade, whichever is lower, does not exceed six, and one or more of the following conditions is met:
1791
1792 1. The FAR exemption provided in Section 23.45.510.((~~B.1~~)) E.4  is used;
1793
1794 2. ((~~The structure has~~))  All stories in the structure, except stories used only for parking, have floor to ceiling heights of ((~~more than nine~~))  9 feet  or more ; or
1795
1796 3. The ((~~site~~))  lot is split between a MR zone and an NC zone ,  ((~~that allows a structure height of~~))  and the base structure height allowed on the NC-zoned portion is 65 feet or more.
1797
1798 ((~~C. Sloped Lots. In zones with height limits that are less than 85 feet, additional height is permitted for sloped lots, at the rate of 1 foot for each 6 percent of slope, to a maximum additional height of 5 feet. The additional height is permitted on the down-slope side of the structure only, as described in Section 23.86.006.D. See Exhibit A for 23.45.514.~~))
1799
1800 ((~~[Exhibit A for 23.45.514: Sloped Lot Height Allowance](/~ordpics/117014_2345514oldexa.gif)~~))
1801
1802 ((~~D. In MR zones, the base height limit may be increased by 5 feet if the number of stories in the structure that are more than 4 feet above existing or finished grade, whichever is lower, does not exceed six, and one or more of the following conditions is met:~~
1803
1804~~1. The FAR exemption provided in Section 23.45.510.B.1 is used;~~
1805
1806~~2. The structure has floor to ceiling heights of more than nine feet; or~~
1807
1808~~3. The site is split between a MR zone and an NC zone that allows a structure height of 65 feet or more.~~))
1809
1810 ((~~E~~)) H . Roofs enclosed by a parapet. ((~~To promote adequate drainage, portions of a roof~~))  Roof surfaces that are completely surrounded by a parapet may exceed the  applicable  height limit to allow for a slope, provided that the  height of the  highest ((~~point~~))  elevation of the ((~~slope~~))  roof surface does not exceed  75 percent of the parapet height, and provided that the lowest elevation of the roof surface is no higher than the applicable height limit ((~~the height limit by more than 75 percent of the height of the parapet~~)). See Exhibit B for 23.45.514.
1811
1812[Exhibit B for 23.45.514: Height Allowance for Sloped Roofs Concealed by a Parapet](/~ordpics/117014_2345514exb.gif)
1813
1814 ((~~F~~)) I . Green roofs. For any structure with a green roof ((~~meeting the provisions of Section 23.45.524 and having a minimum rooftop coverage of covering~~))  that meets standards promulgated by the Director and that covers at least  50 percent of the surface of the roof , up to 2 feet of additional height above the  maximum  height  otherwise allowed for the roof  ((~~limit~~)) is allowed to accommodate structural requirements, roofing membranes, and soil. See Exhibit C for 23.45.514.
1815
1816[Exhibit C for 23.45.514: Green Roof Height Allowance](/~ordpics/117014_2345514exc.gif)
1817
1818 ((~~G~~)) J . Rooftop ((~~F~~)) f eatures.
1819
1820 1. Flagpoles and religious symbols for religious institutions  that are located on a roof are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are ((~~no closer to any lot linethan 50 percent of their height above existing grade or, if attached only to the roof,~~)) no closer  to any lot line than 50 percent of their height above the roof portion where attached((~~ , to any adjoining lot line~~)).
1821
1822 2.  Open ((~~R~~)) r ailings, planters, skylights, clerestories, greenhouses  not dedicated to food production , parapets and firewalls  on the roofs of principal structures may extend 4 feet above the maximum height limit set in subsections A , B, E,  and ((~~B~~)) F  of this Section 23.45.514.
1823
1824 3. Projections on pitched roofs that result in additional interior space, such as dormers, may extend to the height of the ridge of a pitched roof that is permitted to exceed the applicable height limit pursuant to subsection 23.45.514.D, if all of the following conditions are satisfied:
1825
1826 a. the total area of the projections is limited to 30 percent of the area of each roof plane measured from the plan view perspective;
1827
1828 b. the projections are limited to 10 feet in width; and
1829
1830 c. each projection is separated by at least 3 feet from any other projection (see Exhibit D for 23.45.514).
1831
1832[Exhibit D for 23.45.514: Permitted Projections on Pitched Roofs](/~ordpics/117014_2345514exd.gif)
1833
1834 ((~~3~~)) 4 .  In LR zones, the following rooftop features may extend 10 feet above the height limit set in subsections 23.45.514.A and F, if the combined total coverage of all features does not exceed 15 percent of the roof area or 20 percent of the roof area if the total includes screened mechanical equipment:
1835
1836 a. Stair penthouses, except as provided in subsection 23.45.514.J.6;
1837
1838 b. Mechanical equipment;
1839
1840 c. Play equipment and open-mesh fencing that encloses it, if the fencing is at least 5 feet from the roof edge;
1841
1842 d. Chimneys;
1843
1844 e. Wind-driven power generators; and
1845
1846 f. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.
1847
1848 5. In MR and HR zones,  ((~~The~~)) the  following rooftop features may extend 15 feet above the applicable height limit set in subsection s  23.45.514.B, and ((~~C~~)) F,  ((~~so long as~~))  if the combined total coverage of all features does not exceed 20 percent of the roof area ,  or 25 percent of the roof area if the total includes screened mechanical equipment:
1849
1850 a.  Stair penthouses, except as provided in subsection 23.45.514.J.6;
1851
1852 b. Mechanical equipment;
1853
1854 ((~~b~~)) c . Play equipment and open-mesh fencing ((~~which~~))  that  encloses it, ((~~so long as~~))  if the fencing is at least 5 feet from the roof edge;
1855
1856 ((~~c~~)) d . Chimneys;
1857
1858 ((~~d~~)) e . Sun and wind screens;
1859
1860 ((~~e~~)) f . Penthouse pavilions for the common use of residents;
1861
1862 ((~~f~~)) g . Greenhouses and solariums, in each case that meet minimum energy standards administered by the Director;
1863
1864 ((~~g~~)) h . Wind-driven power generators; and
1865
1866 ((~~h~~)) i . Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.
1867
1868 ((~~4~~)) 6 . ((~~Stair and~~))  Subject to the roof coverage limits in subsections 23.45.514.J.4 and 5,  elevator penthouses may extend above the applicable height limit up to 16 feet. ((~~When~~))  If  additional height is needed to accommodate energy- efficient elevators in  HR zones ((~~with height limits of 160 feet or greater~~)), elevator penthouses may extend the minimum amount necessary to accommodate energy-efficient elevators, up to 25 feet above the applicable height limit. Energy-efficient elevators ((~~shall be~~))  are  defined by Director's Rule. ((~~Whenadditional height is allowed for an energy-efficient elevator, stair~~)) Stair  penthouses may be ((~~granted~~)) the same ((~~additional~~)) height  as an elevator penthouse  if ((~~they~~))  the elevator and stairs  are co- located with in a common  ((~~the elevator~~)) penthouse  structure .
1869
1870 ((~~5~~)) 7 . For height exceptions for solar collectors, see Section 23.45.545((~~ .D~~)).
1871
1872 ((~~6~~)) 8 . In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection 23.45.514.((~~G~~)) J  at least 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:
1873
1874 a. Solar collectors;
1875
1876 b. Planters;
1877
1878 c. Clerestories;
1879
1880 d. Greenhouses and solariums ((~~which~~))  that  meet minimum energy standards administered by the Director;
1881
1882 e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Section 23.57.011;
1883
1884 f. ((~~Nonfirewall parapets;~~))
1885
1886 ((~~g.~~)) Play equipment;
1887
1888 ((~~h~~)) g . Sun and wind screens;
1889
1890 ((~~i~~)) h . Penthouse pavilions for the common use of residents.
1891
1892 ((~~7~~)) 9 . For height limits and exceptions for communication utilities and devices, see Section 23.57.011.
1893
1894 ((~~8~~)) 10 . Greenhouses that are dedicated to food production are permitted to extend 15 feet above the applicable height limit, as long as the combined total coverage of all features gaining additional height listed in this subsection 23.45.514.((~~G~~)) J  does not exceed 50 percent of the roof area, and the greenhouse ((~~adheres to~~))  meets the ((~~setback~~)) requirements ((~~listed in~~))  of subsection 23.45.514.((~~G.6~~)) J.8 .
1895
1896 ((~~9~~)) 11 . Additional height in HR zones. A structure may exceed the applicable height limit in the HR zone as follows:
1897
1898 a. If the applicable height limit is 240 feet, the height of the structure may be increased by 30 feet if the area bounded by the facades of the portion of the structure above 240 feet is no greater than 6,500 square feet, or if the area bounded by the facades at an elevation that is halfway between 240 feet and the height of the structure is no greater than 50 percent of the area bounded by the facades at a height of 240 feet.
1899
1900 b. If the applicable height limit is 300 feet, the height of a structure may be increased (1) by 30 feet if the area bounded by the facades of the portion of the structure above 300 feet is no greater than 6,500 square feet, or (2) by 45 feet if the area bounded by the facades at an elevation that is halfway between 300 feet and the height of the structure is no greater than 50 percent of the area bounded by the facades at a height of 300 feet.
1901
1902 c. In all cases the area bounded by the facades extending above the height limit may be occupied only by those uses or features otherwise permitted in this Section 23.45.514 as an exception above the height limit, although any limits on the height or coverage of those uses or features totally screened by the facades extending above the applicable height limit shall not apply. Height exceptions permitted for screening ((~~and~~))  of rooftop features under  other provisions of this subsection  23.45.514.((~~F~~)) J  are not permitted above the height gained by a structure under this ((~~provision~~))  subsection 23.45.514.J.11 .
1903
1904 Section 32. Subsection C of Section 23.45.516 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
1905
1906 23.45.516 Additional height and extra residential floor area in Midrise and Highrise zones
1907
1908 * * *
1909
1910 C. Highrise ((~~Z~~)) z ones.
1911
1912 1. Extra Residential Floor Area. In HR zones extra residential floor area may be gained in accordance with Chapter 23.58A subject to the conditions and limits in this Section 23.45.516. Up to all extra residential floor area may be gained through the affordable housing incentive program provisions in Section 23.58A.014. Up to 40 percent of extra residential floor area may be gained by one or any combination of:
1913
1914 a. transfer of development potential;
1915
1916 b. providing neighborhood open space or a payment in lieu thereof; and/or
1917
1918 c. providing a neighborhood green street setback if allowed pursuant to subsection 23.45.516.F, all in accordance with this Section 23.45.516 and Chapter 23.58A.
1919
1920 2. Structure ((~~H~~)) h eight.
1921
1922 a. Structures 240 feet or less in height. The applicable height limit in an HR zone under subsection 23.45.514.((~~A~~)) B  is 240 feet if the applicant satisfies the conditions for extra floor area but not all of the conditions in subsection C.2.b of this Section 23.45.516 are met.
1923
1924 b. Structures over 240 feet. The applicable height limit in an HR zone under subsection 23.45.514.((~~A~~)) B  is 300 feet if the applicant satisfies the conditions for extra floor area and the following additional conditions are met:
1925
1926 1) For any structure above a height of 85 feet, the average residential gross floor area per story above a height of 45 feet does not exceed 9,500 square feet; and
1927
1928 2) No parking is located at or above grade, unless it is separated from all street lot lines by another use; and
1929
1930 3) At least 25 percent of the lot area at grade is one or more landscaped areas, each with a minimum horizontal dimension of 10 feet, or at least 20 percent of the lot area at grade is landscaped, common ((~~residential~~)) amenity area meeting the standards of  Section 23.45.522.
1931
1932 * * *
1933
1934 Section 33. Section 23.45.518 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, is amended as follows:
1935
1936 23.45.518 Setbacks and Separations ((~~in Midrise and Highrise zones~~))
1937
1938 A.  LR zones. Required setbacks for the LR zones are shown in Table A for 23.45.518.
1939
1940<table><tr><td>Table A for 23.45.518: Required Setbacks in LR Zones measured in feet
1941
1942</td></tr>
1943
1944<tr><td>All LR Zones
1945
1946</td><td>Category of Residential Use
1947
1948</td></tr>
1949
1950<tr><td>Setback
1951
1952</td><td>Cottage Housing Developments and Single-Family Dwelling Units
1953
1954</td><td>Rowhouse Developments
1955
1956</td><td>Townhouse Developments
1957
1958</td><td>Apartments
1959
1960</td></tr>
1961
1962<tr><td>Front
1963
1964</td><td>7 average;
1965
19665 minimum
1967
1968</td><td>5 minimum
1969
1970</td><td>7 average;
1971
19725 minimum
1973
1974</td><td>5 minimum
1975
1976</td></tr>
1977
1978<tr><td>Rear
1979
1980</td><td>0 with Alley;
1981
19827 if no Alley
1983
1984</td><td>0 with Alley;
1985
1986With no alley:
1987
19887 average;
1989
19905 minimum
1991
1992</td><td>7 average;
1993
19945 minimum
1995
1996</td><td>10 minimum with alley;
1997
199815 minimum if no alley
1999
2000</td></tr>
2001
2002<tr><td>Side Setback for Facades 40 feet or less in length1
2003
2004</td><td>5
2005
2006</td><td>0, except that on sidelot lines that abut a single-family zone, the setback is
2007
20085
2009
2010</td><td>5
2011
2012</td><td>5
2013
2014</td></tr>
2015
2016<tr><td>Side Setback for Facades greater than 40 feet in length1
2017
2018</td><td>5 minimum
2019
2020</td><td>0, except that on sidelot lines that abut a single-family zone, the setback is
2021
20227 average;
2023
20245 minimum
2025
2026</td><td>7 average;
2027
20285 minimum
2029
2030</td><td>7 average;
2031
20325 minimum
2033
2034</td></tr>
2035
2036<tr><td>Footnote to Table A for 23.45.518
2037
20381Portions of structures that qualify for the FAR exemption in subsection 23.45.510.E.5 are not considered part of the facade length for the purposes of determining the side setback requirement.
2039
2040</td></tr>
2041
2042</table> B. MR ((~~Z~~)) z ones. Minimum setbacks for the MR zone are shown in Table ((~~A~~)) B  for 23.45.518((~~ , except as provided in subsection Section 23.45.508.E for lots that have no street frontage~~)).
2043
2044<table><tr><td>Table (( A ))B for 23.45.518: MR Setbacks
2045
2046</td></tr>
2047
2048<tr><td>Setback Location
2049
2050</td><td>Required Setback Amount
2051
2052</td></tr>
2053
2054<tr><td>Front and side setback from street lot lines
2055
2056</td><td>7(( ' ))foot average setback; 5(( ' ))foot minimum setback
2057
2058No setback is required (( when ))if a courtyard (( is provided )) abuts(( ting )) the street (see Exhibit A for 23.45.518) and the courtyard (( that )) has:
2059
2060* a minimum width equal to 30 percent of the width of the abutting street frontage or 20(( ' ))feet, whichever is greater; and
2061
2062* a minimum depth of 20(( ' ))feet measured from the abutting street lot line.
2063
2064</td></tr>
2065
2066<tr><td>Rear setback
2067
2068</td><td>15(( ' ))feet from a rear lot line that does not abut an alley; or
2069
207010(( ' ))feet from a rear lot line abutting an alley.
2071
2072</td></tr>
2073
2074<tr><td>Side setback from interior lot line
2075
2076</td><td>For portions of a structure:
2077
2078* 42(( ' ))feet or less in height: 7(( ' ))foot average setback; 5(( ' ))foot minimum setback.
2079
2080* Above 42(( ' ))feet in height: 10(( ' ))foot average setback; 7(( ' ))foot minimum setback.
2081
2082</td></tr>
2083
2084</table>[Exhibit A for 23.45.518: MR Courtyard Example](/~ordpics/117014_2345518exa.gif)
2085
2086 ((~~B~~)) C . HR ((~~Z~~)) z ones. Minimum setbacks for HR zones are shown in Table ((~~B~~)) C  for 23.45.518((~~ , except as provided in Section 23.45.508.E for lots that have no street frontage~~)).
2087
2088<table><tr><td>Table (( B ))C for 23.45.518: HR Setbacks (see also Exhibit B for 23.45.518)
2089
2090</td></tr>
2091
2092<tr><td>Setbacks for structures (( eighty-five )) 85 feet in height or less
2093
2094</td></tr>
2095
2096<tr><td>Structures 85 feet in height or less are subject to the setback provisions of the MR zone in subsection 23.45.518.A.
2097
2098</td></tr>
2099
2100<tr><td>Setbacks for structures greater than (( eighty-five )) 85 feet in height
2101
2102</td></tr>
2103
2104<tr><td>Lotline abutting a street
2105
2106</td><td>For portions of a structure:
2107
2108* 45(( ' ))feet or less in height: 7(( ' ))foot average setback; 5(( ' ))foot minimum setback, except that no setback is required for frontages occupied by street level uses or dwelling units with a direct entry from the street;
2109
2110* Greater than 45(( ' ))feet in height: 10(( ' ))foot minimum setback
2111
2112</td></tr>
2113
2114<tr><td>Lotline abutting an alley
2115
2116</td><td>Rear lot line abuts an alley:
2117
2118For portions of a structure:
2119
2120* 45(( ' ))feet or less in height: no setback required;
2121
2122* Greater than 45(( ' ))feet in height: 10(( ' ))foot minimum setback.
2123
2124</td></tr>
2125
2126<tr><td>Lotline that abuts neither a street nor alley
2127
2128</td><td>For portions of a structure:
2129
2130* 45(( ' ))feet or less in height: 7(( ' ))foot average setback; 5(( ' ))foot minimum setback, except that no setback is required for portions abutting an existing structure built to the abutting lot line;
2131
2132* Greater than 45(( ' ))feet in height: 20(( ' ))foot minimum setback.
2133
2134</td></tr>
2135
2136</table>[Exhibit B for 23.45.518: HR Setbacks](/~ordpics/117014_2345518exb.gif)
2137
2138 ((~~C~~)) D . Through ((~~L~~)) l ots. In the case of a through lot, each setback abutting a street except a side setback shall be a front setback. Rear setback requirements shall not apply to the lot.
2139
2140 ((~~D~~)) E . Other ((~~R~~)) r equirements. Additional structure setbacks may be required in order to meet the provisions of Chapter 23.53, Requirements for Streets, Alleys and Easements.
2141
2142 ((~~E~~)) F . Separations between multiple structures.
2143
2144 1.  In LR and MR zones ,  ((~~a. Where two or more principal structures are located on a lot,~~)) the minimum required  separation between ((~~the~~))  principal  structures at any two points on different interior facades is 10 feet, except  for cottage housing developments, and principal structures separated by a driveway or parking aisle. ((~~as follows: 1) When~~))
2145
2146 2. In LR and MR zones, if  ((~~the~~))  principal structures are separated by a driveway or parking aisle ,  the minimum  required separation  between the principal structures  ((~~from finished grade to a height of 9 feet above finished grade~~)) is 2 feet greater than the required width of the driveway or parking aisle, provided that  the separation is not required to be any greater than 24 feet ((~~to accommodate a parking aisle~~)).  If principal structures are separated by a driveway or parking aisle, projections that enclose floor area may extend a maximum of 3 feet into the required separation if they are at least 8 feet above finished grade.
2147
2148 3. Cottage housing developments in LR and MR zones:
2149
2150 a. The minimum required separation between principal structures at any two points on different interior facades is 6 feet, unless there is a principal entrance on an interior facade, in which case the minimum separation required from that facade is 10 feet.
2151
2152 b. Facades of principal structures shall be separated from facades of accessory structures by a minimum of 3 feet.
2153
2154 ((~~2) The enclosed floor area of a structure may extend a maximum of 3 feet over driveways and parking aisles, subject to this subsection 23.45.518.((E)) F ; and))~~
2155
2156~~b. Architectural or structural features and unenclosed decks up to 18 inches above existing or finished grade, whichever is lower, may project up to 18 inches into the required separation between structures.~~))
2157
2158 ((~~2~~)) 4 . HR zones. Where two or more structures or portions of a structure above 85 feet in height are located on one lot, the minimum horizontal separation between interior facades in each height range is as provided in Table ((~~C~~)) D  for 23.45.518.
2159
2160<table><tr><td>Table (( C ))D for 23.45.518: HR Facade Separation for Structures on the Same Lot
2161
2162</td></tr>
2163
2164<tr><td>Height Range
2165
2166</td><td>Minimum separation required
2167
2168between interior facades
2169
2170</td></tr>
2171
2172<tr><td>0 to 45 feet
2173
2174</td><td>No minimum
2175
2176</td></tr>
2177
2178<tr><td>Above 45 feet up to 160 feet
2179
2180</td><td>30 feet
2181
2182</td></tr>
2183
2184<tr><td>Above 160 feet
2185
2186</td><td>40 feet
2187
2188</td></tr>
2189
2190</table> G. Front and rear setbacks and all separations on lots containing certain environmentally critical areas or buffers may be reduced pursuant to Sections 25.09.280 and 25.09.300.
2191
2192 ((~~F~~)) H . Projections ((~~into~~))  permitted in all  required setbacks and separations.
2193
2194 1. Cornices, eaves, gutters, roofs and other forms of weather protection may project into required setbacks and separations a maximum of ((~~2~~)) 4  feet if they are no closer than 3 feet to any lot line.
2195
2196 2. Garden windows and other features that do not provide floor area may project  a maximum of 18 inches into required setbacks and separations if they are:
2197
2198 a. a minimum of 30 inches above the finished floor;
2199
2200 b. no more than 6 feet in height and 8 feet wide; and
2201
2202 c. combined with bay windows and other features with floor area, make up no more than 30 percent of the area of the facade.
2203
2204 3. Bay windows and other features ((~~with~~))  that provide  floor area may project a maximum of ((~~18 inches~~))  2 feet  into required setbacks and separations if they are:
2205
2206 a. no closer than 5 feet to any lot line;
2207
2208 b. no more than10 feet in width; and
2209
2210 c. combined with garden windows  and other features included in subsection 23.45.518.H.2 , make up no more than 30 percent of the area of the facade.
2211
2212 ((~~4. Unenclosed decks and balconies may project a maximum of 4 feet into required setbacks or separations if they are:~~
2213
2214~~a. no closer than 5 feet to any lot line; and~~
2215
2216~~b. no more than 20 feet wide and are separated from other decks and balconies on the same facade of the structure by a distance equal to at least one- half the width of the projection~~)).
2217
2218 ((~~5~~)) 4 . Unenclosed decks up to 18 inches above existing or finished grade, whichever is lower, may project into required setbacks or separations to the lot line.
2219
2220 ((~~6~~)) 5 . Unenclosed porches or steps.
2221
2222 a. ((~~When~~))  If  setbacks are required pursuant to subsection A((~~ .1~~)) of this Section 23.45.518, unenclosed porches or steps no higher than 4 feet above existing grade , or the grade at the street lot line closest to the porch, whichever is lower,  may extend to within 4 feet of a street lot line, except that portions of entry stairs or stoops not more than ((~~30 inches~~))  2.5 feet  in height from existing or finished grade whichever is lower, excluding guard rails or hand rails, may extend to a street lot line. See Exhibit C for 23.45.518.
2223
2224 b. Permitted porches may be covered, provided  that no portion s  of the cover-structure, including any supports, are closer than 3 feet to any lot line.
2225
2226[Exhibit C for 23.45.518: Setbacks for Unenclosed Porches](/~ordpics/117014_2345518exc.gif)
2227
2228 ((~~7~~)) 6 . Fireplaces and chimneys may project  up to 18 inches into required setbacks or separations.
2229
2230 I. Unenclosed decks and balconies may project a maximum of 4 feet into required setbacks if each one is:
2231
2232 1. no closer than 5 feet to any lot line;
2233
2234 2. no more than 20 feet wide; and
2235
2236 3. separated from other decks and balconies on the same facade of the structure by a distance equal to at least one-half the width of the projection.
2237
2238 ((~~G~~)) J . Structures in ((~~R~~)) r equired ((~~S~~)) s etbacks or separations .
2239
2240 1. Detached garages, carports or other accessory structures ((~~are permitted~~))  may be located  in required separations and required rear or side setbacks, ((~~provided that any accessory structure located between a principal structure and the side lot line shall provide the setback required for the principal structure~~)) subject to the following requirements:~~~~a.  Any accessory structure located between a principal structure and a side lot line shall provide the setback required for the principal structure;
2241
2242 b. Any portion of an accessory structure located more than 25 feet from a rear lot line shall meet the side setback requirement for a principal structure;
2243
2244~~The accessory structure is no taller than 12 feet, as measured from existing or finished grade, whichever is lower, except for garages and carports as specified below:~~
2245
2246~~1) garages and carports are limited to 12 feet in height as measured from the facade containing the vehicle entrance; and~~
2247
2248~~2) open rails are allowed to extend an additional 3 feet above the roof of the accessory structure if any portion of the roof is within 4 feet of existing grade.~~))
2249
2250 c. Accessory structures shall be set back at least 7 feet from any lot line that abuts a street; and
2251
2252 d. Accessory structures shall be separated by at least 3 feet from all principal structures, including the eaves, gutters, and other projecting features of the principal structure.
2253
2254 2. Ramps or other devices necessary for access for the disabled and elderly((~~ ,~~)) that meet  the Seattle Residential Code, Section R322 or Seattle Building Code, Chapter 11-Accessibility, are permitted in any required setback or separation.
2255
2256 3. Uncovered, unenclosed pedestrian bridges, necessary for access and  5 feet or less ((~~than 5 feet~~)) in width, are permitted in any required setback or separation.
2257
2258 4. Underground structures are permitted in any required setback or separation.
2259
2260 5. Solar collectors ((~~are~~))  may be permitted in ((~~any~~)) required setback s  or separations, ((~~subject~~))  pursuant  to the provisions of Section 23.45.545((~~23.45.538, Solar collectors~~)).
2261
2262 6. Freestanding structures, signs and similar structures 6 feet or less in height above existing or finished grade whichever is lower, may be erected in each required setback or separation , provided that signs meet the provisions of Chapter 23.55, Signs .
2263
2264 7. Fences .
2265
2266 a. Fences no greater than ((~~six~~))  6  feet in height are permitted in any required ((~~front, side or rear~~)) setback or separation, except that fences in  the required front  setback extended to side lot lines or ((~~side~~))  in  street side setbacks  extended to the front and rear lot lines may not exceed 4 feet in height . Fences located on top of a bulkhead or retaining wall are also limited to 4 feet . ((~~The permitted height may be averaged along  a  sloping grade for each 6 foot long segment of the fence, but in no case may any portion of the fence exceed 6 feet in height.~~))  If a fence is placed on top of a new bulkhead or retaining wall used to raise grade, the maximum combined height is limited to 9.5 feet.
2267
2268 b. Up to ((~~two~~))  2  feet of additional height for architectural features such as arbors or trellises on the top of a fence is permitted, if the architectural features are predominately open. ((~~When such a fence is located on top of a bulkhead or retaining wall, the height of the fence is limited to 4 feet.~~))
2269
2270 c. ((~~If located in shoreline setbacks or in view corridors in the Shoreline District as regulated in Chapter 23.60, structures shall not obscure views protected by Chapter 23.60, and the Director shall determine the permitted height.~~))  Fence height may be averaged along sloping grades for each 6 foot long segment of the fence, but in no case may any portion of the fence exceed 8 feet in height when the height permitted by subsection 23.45.518.J.7.a is 6 feet, or 6 feet in height when the height permitted by subsection 23.45.518.J.7.a is 4 feet.
2271
2272 8. Bulkheads and retaining walls .
2273
2274 a. Bulkheads and retaining walls used to raise grade may be placed in each required setback ((~~when~~))  if they are limited to 6 feet in height, measured above existing grade. A guardrail no higher than 42 inches may be placed on top of a bulkhead or retaining wall existing as of January 3, 1997. ((~~If a fence is placed on top of a new bulkhead or retaining wall, the maximum combined height is limited to 9.5 feet.~~))
2275
2276 b. Bulkheads and retaining walls used to protect a cut into existing grade may not exceed the minimum height necessary to support the cut or 6 feet  measured from the finished grade on the low side,  whichever is greater. ((~~When~~))  If the bulkhead is measured from the low side and it exceeds 6 feet, an open guardrail of no more than 42 inches meeting  Seattle Residential Code or Seattle Building Code requirements may be placed on top of the bulkhead or retaining wall. ((~~A fence must~~))  Any fence shall be set back a minimum of 3 feet from such a bulkhead or retaining wall.
2277
2278 9. ((~~Arbors.~~)) Arbors may be permitted in required setbacks or separation under the following conditions:
2279
2280 a. In each required setback or separation, an arbor may be erected with no more than a 40 square foot footprint, measured on a horizontal roof plane inclusive of eaves, to a maximum height of 8 feet.  At least 50 percent of ((~~Both~~))  both the sides and the roof of the arbor ((~~must~~))  shall be ((~~at least 50 percent~~)) open, or, if latticework is used, there ((~~must~~))  shall  be a minimum opening of 2 inches between crosspieces.
2281
2282 b. In each required setback abutting a street, an arbor over a private pedestrian walkway with no more than a 30 square foot footprint, measured on the horizontal roof plane and inclusive of eaves, may be erected to a maximum height of 8 feet. ((~~The~~))  At least 50 percent of the sides of the arbor shall ((~~be at least 50 percent~~)) open, or, if latticework is used, there ((~~must~~))  shall  be a minimum opening of 2 inches between crosspieces.
2283
2284 ((~~10. Structures built as single family dwelling units prior to 1982((,)) that will remain in residential use((,)) are permitted in required setbacks or separations provided that nonconformity to setback or separation requirements is not increased.~~
2285
2286~~11. Front and rear setbacks or separations on lots containing certain environmentally critical areas or buffers may be reduced pursuant to Sections 25.09.280 and 25.09.300.~~))
2287
2288 K. In all multifamily zones, certain additions to a single-family dwelling unit may extend into a required side setback if the structure is already nonconforming with respect to that setback, and if the presently nonconforming section is at least 60 percent of the total width of the respective facade of the structure prior to the addition. The line formed by the nonconforming wall of the structure shall be the limit to which any additions may be built, which may extend up to the height limit and may include basement additions (Exhibit D for 23.45.518), provided that additions shall be at least 3 feet from the side lot line.
2289
2290[Exhibit D for 23.45.518: Permitted Additions Into Required Setbacks for Existing Single-Family Dwelling Units ](/~ordpics/117014_2345518exd.gif)
2291
2292 Section 34. Section 23.45.522 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
2293
2294 23.45.522 ((~~Residential amenity~~))  Amenity area((~~s in Midrise and Highrise zones~~))
2295
2296 ((~~A. Residential amenity areas, including but not limited to decks, balconies, terraces, roof gardens, plazas, courtyards, play areas, or sport courts, are required in an amount equal to 5 percent of the total gross floor area of a structure in residential use, except as otherwise provided in this Chapter 23.45.~~))
2297
2298 A. Amount of amenity area required for rowhouse and townhouse developments and apartments in LR zones.
2299
2300 1. The required amount of amenity area for rowhouse and townhouse developments and apartments in LR zones is equal to 25 percent of the lot area.
2301
2302 2. A minimum of 50 percent of the required amenity area shall be provided at ground level, except that amenity area provided on the roof of a structure that meets the provisions of subsection 23.45.510.E.5 may be counted as amenity area provided at ground level.
2303
2304 3. For rowhouse and townhouse developments, amenity area required at ground level may be provided as either private or common space.
2305
2306 4. For apartments, amenity area required at ground level shall be provided as common space.
2307
2308 B. Amenity area requirements for cottage housing developments in all multifamily zones.
2309
2310 1. A minimum of 300 square feet of amenity area is required for each cottage.
2311
2312 2. A minimum of 150 square feet of amenity area is required for each carriage house.
2313
2314 3. The required quantity shall be allocated as follows:
2315
2316 a. Half of the amenity area required for each cottage, and all of the amenity area required for each carriage house, shall be provided as common amenity area; and
2317
2318 b. Half of the amenity area required for each cottage shall be provided as private amenity area for that unit.
2319
2320 4. The required common amenity area may be divided into no more than two separate areas, and shall:
2321
2322 a. have cottages or carriage houses abutting on at least two sides;
2323
2324 b. be in a location central to the cottage housing development; and
2325
2326 c. have no horizontal dimension of less than 10 feet.
2327
2328 5. Carriage houses shall have stairs that provide access to the common amenity area.
2329
2330 C. Amount of amenity area required in MR and HR zones.
2331
2332 The required amount of amenity area in MR and HR zones is equal to 5 percent of the total gross floor area of a structure in residential use, except that cottage housing developments shall meet the standards in subsection B of this Section 23.45.522.
2333
2334 ((~~B. Required residential~~))  D. General requirements.
2335
2336 Required  amenity areas shall meet the following conditions:
2337
2338 1. All ((~~residents~~))  units shall have access to ((~~at least one~~))  a  common or private ((~~residential~~)) amenity area((~~ ;~~)) .
2339
2340 2. Enclosed amenity area.
2341
2342 a. In LR zones, an amenity area shall not be enclosed within a structure.
2343
2344 b. In MR and HR zones, except for cottage housing,  ((~~No~~))  no  more than 50 percent of the ((~~residential~~)) amenity area may be enclosed , and this enclosed area shall be provided as  common ((~~space~~))  amenity area .
2345
2346 3. Projections into amenity areas. Structural projections that do not provide floor area, such as garden windows, may extend up to 2 feet into an amenity area if they are at least 8 feet above finished grade.
2347
2348 4. Private amenity area.
2349
2350 a. There is no minimum dimension for private amenity areas, except that if a private amenity area abuts a side lot line that is not a side street lot line, the minimum horizontal dimension measured from the side lot line is 10 feet.
2351
2352 b. An unenclosed porch that is a minimum of 60 square feet in size, and that faces a street or a common amenity area, may be counted as part of the private amenity area for the rowhouse, townhouse, or cottage to which it is attached.
2353
2354 5. Common amenity area for rowhouse and townhouse developments and apartments shall meet the following conditions:
2355
2356 a. No common amenity area shall be less than 250 square feet in area, and common amenity areas shall have a minimum horizontal dimension of 10 feet.
2357
2358 b. Common amenity area shall be improved as follows:
2359
2360 1) At least 50 percent of common amenity area provided at ground level shall be landscaped with grass, ground cover, bushes and/or trees.
2361
2362 2) Elements that enhance the usability and livability of the space for residents, such as seating, outdoor lighting, weather protection, art, or other similar features shall be provided.
2363
2364 c. The common amenity area required at ground level for apartments shall be accessible to all apartment units.
2365
2366 ((~~3~~)) 5 . Parking areas,  vehicular access easements, and  driveways((~~ , and pedestrian access to building entrances, except for pedestrian access meeting the Seattle Building Code, Chapter 11 -- Accessibility,~~)) do not qualify as ((~~residential~~)) amenity areas((~~ ;~~)) , except that a woonerf may provide a maximum of 50 percent of the amenity area if the design of the woonerf is approved through a design review process pursuant to Chapter 23.41.
2367
2368 ((~~4~~)) 6 . Swimming pools , spas, and hot tubs  may be counted toward meeting the ((~~residential~~)) amenity  area  requirement.
2369
2370 ((~~5. Common amenity areas shall have a minimum horizontal dimension of at least 10 feet, and no common amenity area may be less than 250 square feet;~~))
2371
2372 ((~~6~~)) 7 . Rooftop areas excluded because they are near minor communication utilities and accessory communication devices, pursuant to subsection 23.57.011.C.1, do not qualify as ((~~residential~~)) amenity areas .
2373
2374 ((~~C~~)) E . No ((~~residential~~)) amenity area is required for a ((~~n additional~~)) dwelling unit added to ((~~an~~))  a single-family dwelling unit existing  as of January 1, 1982, or to a  multifamily ((~~structure~~)) residential use existing as of October 10, 2001 .
2375
2376 Section 35. Subsection A of 23.45.524 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
2377
2378 23.45.524 Landscaping ((~~and screening~~)) standards ((~~in Midrise and Highrise zones~~))
2379
2380 A. Landscaping requirements.
2381
2382 1. Standards. All landscaping provided to meet requirements under this Section 23.45.524 ((~~must~~))  shall  meet standards promulgated by the Director to provide for the long-term health, viability, and coverage of plantings. ((~~The Director may promulgate standards relating to landscaping matters that~~))  These standards may include, but are not limited to, the type and size of plants, number of plants, ((~~concentration~~))  spacing  of plants, depth((~~s~~))  and quality of soil, use of drought-tolerant plants, and access to light and air for plants.
2383
2384 2. Green Factor ((~~R~~)) r equirement.
2385
2386 a. Landscaping that achieves a Green Factor score of 0.6 or greater, determined as set forth in Section 23.86.019, is required for any lot with development containing more than one dwelling unit in Lowrise zones. Vegetated walls may not count towards more than 25 percent of a lot's Green Factor score.
2387
2388 b. Landscaping that achieves a Green Factor score of 0.5 or greater, determined as set forth in Section 23.86.019,  is required for any lot with development containing more than one dwelling unit  ((~~new development~~)) in Midrise and Highrise zones.
2389
2390 B. Street tree requirements.
2391
2392 1. Street trees are required ((~~when~~))  if  any type of development is proposed, except as provided in subsection  23.45.524. B . 2  and B.3 below and Section 23.53.015. Existing street trees shall be retained unless the Director of Transportation approves their removal. The Director, in consultation with the Director of  the Department of Transportation, ((~~will~~))  shall determine the number, type, and placement of additional street trees to be provided, based on the following considerations:
2393
2394 a. public safety;
2395
2396 b. presence, type, and condition of existing street trees;
2397
2398 c. space in the planting strip;
2399
2400 d. size of trees to be planted;
2401
2402 e. spacing required between trees in order to encourage healthy growth;
2403
2404 f. location of utilities; and
2405
2406 g. approved access to the street, buildings, and lot.
2407
2408 2. Exceptions to street tree requirements.
2409
2410 a. If a lot borders an unopened street, the Director may reduce or waive the street tree requirement along that street if, after consultation with the Director of Transportation, the Director determines that the street is unlikely to be ((~~developed~~))  opened or improved .
2411
2412 b. Street trees are not required as a condition to any of the following:
2413
2414 ((~~ (1) establishing, constructing, or modifying single-family dwelling units; or~~))
2415
2416 ((~~ (2)~~)) 1)  changing a use ((~~or establishing a temporary use or intermittent use~~)); ((~~or~~))
2417
2418 ((~~ (3)~~)) 2)  expanding a structure by 1,000 square feet or less; ((~~or~~))
2419
2420 ((~~ (4)~~)) 3)  expanding surface ((~~area~~)) parking by less than 10 percent in area or in number of spaces ; or
2421
2422 4) establishing a temporary or intermittent use pursuant to Section 23.42.040 .
2423
2424 c. ((~~When~~))  If  an existing structure is proposed to be expanded by more than 1,000 square feet, one street tree is required for each 500 square feet over the first 1,000 square feet, up to the maximum number of required trees.
2425
2426 3. If it is not feasible to plant street trees in an abutting planting strip, a 5 foot setback shall be planted with street trees along the street ((~~property~~)) lot  line ,  or landscaping other than trees shall be provided in the planting strip, subject to approval by the Director of the Department of Transportation. If, according to the Director of the Department of Transportation, a 5 foot setback or landscaped planting strip is not feasible, the Director may reduce or waive this requirement.
2427
2428 ((~~C. Screening of parking.~~
2429
2430~~1. Parking must be screened from direct street view by the front facade of a structure, by garage doors, or by a fence or wall between 4 feet and 6 feet in height. When the fence or wall parallels a street, a minimum 3 foot deep landscaped area is required on the street side of the fence or wall. The screening may not be located within any required sight triangle.~~
2431
2432~~2. The height of the visual barrier created by the screen required in subsection 23.45.524.C.1 shall be measured from the elevation of the curb or street if no curb is present. If the elevation of the lot line is different from the finished elevation of the parking surface, the difference in elevation may be measured as a portion of the required height of the screen, so long as the screen itself is a minimum of 3 feet in height.~~))
2433
2434 Section 36. Subsection A of Section 23.45.526 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
2435
2436 23.45.526 LEED, Built Green, and Evergreen Sustainable Development Standards
2437
2438 A. Applicants for all new development gaining extra residential floor area pursuant to this Chapter 23.45,  or seeking to qualify for the higher FAR limit in Table A for 23.45.510 , except additions and alterations, shall make a commitment that the structure will meet green building performance standards by earning a Leadership in Energy and Environmental Design (LEED) Silver rating or a Built Green 4- star rating of the Master Builders Association of King and Snohomish Counties, except that an applicant who is applying for funding from the Washington State Housing Trust Fund and/or the Seattle Office of Housing to develop new affordable housing, as defined in subsection 23.45.526.D, may elect to meet green building performance standards by meeting the Washington Evergreen Sustainable Development Standards (ESDS).
2439
2440 * * *
2441
2442 Section 37. A new Section 23.45.527 is added to the Seattle Municipal Code as follows:
2443
2444 23.45.527 Structure width and facade length limits in LR zones
2445
2446 A. Structure width in LR zones may not exceed the width indicated on Table A for 23.45.527.
2447
2448<table><tr><td>Table A for 23.45.527: Maximum Structure Width in LR zones in feet
2449
2450</td></tr>
2451
2452<tr><td>Zone
2453
2454</td><td>Width in feet by Category of Residential Use
2455
2456</td></tr>
2457
2458<tr><td></td><td>Cottage Housing and Rowhouse
2459
2460Developments
2461
2462</td><td>Townhouse Developments
2463
2464</td><td>Apartments
2465
2466</td></tr>
2467
2468<tr><td>LR1
2469
2470</td><td>No limit
2471
2472</td><td>60
2473
2474</td><td>45
2475
2476</td></tr>
2477
2478<tr><td>LR2
2479
2480</td><td>No limit
2481
2482</td><td>90
2483
2484</td><td>90
2485
2486</td></tr>
2487
2488<tr><td>LR3 outsideUrban Villages, Urban Centers or Station Area Overlay Districts
2489
2490</td><td>No limit
2491
2492</td><td>120
2493
2494</td><td>120
2495
2496</td></tr>
2497
2498<tr><td>LR3 inside
2499
2500Urban Villages, Urban Centers or Station Area Overlay Districts
2501
2502</td><td>No limit
2503
2504</td><td>150
2505
2506</td><td>150
2507
2508</td></tr>
2509
2510</table> B. Maximum facade length in Lowrise zones.
2511
2512 1. The maximum combined length of all portions of facades within 15 feet of a lot line that is neither a rear lot line nor a street or alley lot line shall not exceed 65 percent of the length of that lot line, except as specified in subsection 23.45.527.B.2.
2513
2514 2. For a rowhouse development on a lot that abuts the side lot line of a lot in a single-family zone, the maximum combined length of all portions of facades within 15 feet of the abutting side lot line is 40 feet.
2515
2516 Section 38. Section 23.45.528 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
2517
2518 23.45.528 Structure width and depth limits for lots in Midrise zones greater than 9,000 square feet in size
2519
2520 The width and depth limits of this Section 23.45.528 apply to lots in MR zones that are greater than 9,000 square feet in lot area.
2521
2522 A. The width of  principal structures  shall not exceed 150 feet. ((~~may not exceed the applicable limits shown in Table A for 23.45.528.~~
2523
2524~~Table A for 23.45.528: Width Limits~~
2525
2526<table><tr><td></td><td>MR
2527
2528</td></tr>
2529
2530<tr><td>Maximum width
2531
2532</td><td>150' ))
2533
2534</td></tr>
2535
2536</table> B. Structure ((~~D~~)) d epth .
2537
2538 1. The depth of  principal structures  shall not exceed 75 percent of the depth of the lot, ((~~ .~~)) ((~~exceed the limits shown in Table B for 23.45.528,~~except as provided in subsection 23.45.528.((~~B.2~~)) B.2.
2539
2540 (( ~~Table B for 23.45.528: Depth Limits~~
2541
2542<table><tr><td></td><td>MR
2543
2544</td></tr>
2545
2546<tr><td>Maximum depth
2547
2548</td><td>75 percent of the depth of the lot ))
2549
2550</td></tr>
2551
2552</table> 2. Exceptions to structure depth limit. To allow for front setback averaging and courtyards as provided in ((~~subsection~~))  Section 23.45.518((~~ .A~~)), structure depth may exceed the limit ((~~shown in Table B for 23.45.528~~))  set in subsection 23.45.528.B.1  if the total lot coverage resulting from the increased structure depth does not exceed the lot coverage that would have otherwise been allowed without use of the courtyard or front setback averaging provisions.
2553
2554 ((~~C. Accessory structures are counted in structure width and depth if they are less than 3 feet from the principal structure at any point.~~))
2555
2556 Section 39. A new section 23.45.529 of the Seattle Municipal Code is added as follows:
2557
2558 23.45.529 Design standards
2559
2560 A. Intent. The intent of the design standards in this Section 23.45.529 is to:
2561
2562 1. Enhance street-facing facades to provide visual interest, promote new development that contributes to an attractive streetscape, and avoid the appearance of blank walls along a street;
2563
2564 2. Foster a sense of community by integrating new pedestrian-oriented multifamily development with the neighborhood street environment and promoting designs that allow easy surveillance of the street by area residents;
2565
2566 3. Promote livability in multifamily areas by providing a sense of openness and access to light and air; and
2567
2568 4. Encourage the compatibility of a variety of housing types with the scale and character of neighborhoods where new multifamily development occurs.
2569
2570 B. Application of provisions. The provisions of this Section 23.45.529 apply to all residential uses that do not undergo any type of design review pursuant to Chapter 23.41, except single-family dwelling units.
2571
2572 C. Treatment of street-facing facades. For the purposes of this subsection 23.45.529.C, a street-facing facade includes all vertical surfaces enclosing interior space, including gables and dormers, as shown in Exhibit A for 23.45.529.
2573
2574[Exhibit A for 23.45.529: Measurement of Street-facing Facades](/~ordpics/117014_2345529exa.gif)
2575
2576 1. Facade openings.
2577
2578 a. At least 20 percent of the area of each street-facing facade shall consist of windows and/or doors.
2579
2580 b. Only transparent windows count toward the requirement for facade openings in this subsection 23.45.529.C.1. Windows composed of glass blocks or opaque glass, garage doors, and doors to~~~~utility and service areas, do not count.
2581
2582 2. Facade articulation.
2583
2584 a. If a street-facing facade or portion of a street-facing facade is not vertical, the Director shall determine whether the facade is substantially vertical and required to comply with this subsection 23.45.529.C.
2585
2586 b. If the street-facing facade of a structure exceeds 750 square feet in area, division of the facade into separate facade planes is required (see Exhibit B for 23.45.529).
2587
2588 c. In order to be considered a separate facade plane for the purposes of this subsection 23.45.529.C.2, a portion of the street-facing facade shall have a minimum area of 150 square feet and a maximum area of 500 square feet, and shall project or be recessed from abutting facade planes by a minimum depth of 18 inches.
2589
2590 d. Trim that is a minimum of 0.75 inches deep and 3.5 inches wide is required to mark roof lines, porches, windows and doors on all street-facing facades.
2591
2592[Exhibit B for 23.45.529: Street-facing Facades ](/~ordpics/117014_2345529exb.gif)
2593
2594 e. The Director may allow exceptions to the facade articulation requirements in this subsection 23.45.529.C.2, if the Director determines that the street- facing facade will meet the intent of subsection 23.45.529.A.1, and the intent of subsections 23.45.529.D.2, E.3, and F.4 for cottage housing developments, rowhouse developments, and townhouse developments, respectively, through one or more of the following street-facing facade treatments:
2595
2596 1) Variations in building materials and/or color, or both, that reflect the stacking of stories or reinforce the articulation of the facade;
2597
2598 2) Incorporation of architectural features that add interest and dimension to the facade, such as porches, bay windows, chimneys, pilasters, columns, cornices, and/or balconies;
2599
2600 3) Special landscaping elements provided to meet Green Factor requirements pursuant to Section 23.45.524, such as trellises, that accommodate vegetated walls covering a minimum of 25 percent of the facade surface;
2601
2602 4) Special fenestration treatment, including an increase in the percentage of windows and doors to at least 25 percent of the street-facing facade(s).
2603
2604 D. Design standards for cottage housing developments.
2605
2606 1. Pedestrian entry. Each cottage with a street- facing facade that is located within 10 feet of the street lot line shall have a visually prominent pedestrian entry through the use of covered stoops, porches, or other architectural entry features. For cottages on corner lots that have more than one street-facing facade within 10 feet of the street lot line, a visually prominent pedestrian entry is required on only one of the street-facing facades. Access to these entrances may be through a required private amenity area that abuts the street.
2607
2608 2. Architectural expression. Cottage housing developments shall include architectural details that reduce the visual scale of the units. Each cottage shall employ one or more of the following design techniques to reduce visual scale of the units:
2609
2610 a. Attached covered porch
2611
2612 b. Roofline features such as dormers or clerestories
2613
2614 c. Bay windows
2615
2616 d. Variation in siding texture and materials
2617
2618 e. Other appropriate architectural techniques demonstrated by the applicant to reduce the visual scale of cottages.
2619
2620 E. Design standards for rowhouse developments.
2621
2622 1. Pedestrian entry. Each rowhouse unit shall have a pedestrian entry on the street-facing facade that is designed to be visually prominent through the use of covered stoops, porches, or other architectural entry features. For rowhouse units on corner lots, a visually prominent pedestrian entry is required on only one of the street-facing facades.
2623
2624 2. Front setback. Design elements to provide a transition between the street and the rowhouse units, such as landscaping, trees, fences, or other similar features, are required in the front setback.
2625
2626 3. Architectural expression. The street-facing facade of a rowhouse unit shall provide architectural detail or composition to visually identify each individual rowhouse unit as seen from the street. Design elements such as trim or molding, modulation, massing, color and material variation, or other similar features may be used to achieve visual identification of individual units. Rooftop features such as dormers or clerestories, or roofline variation may be used to visually identify individual rowhouse units.
2627
2628 F. Design Standards for townhouse developments.
2629
2630 1. Building orientation. Townhouse developments shall maximize the orientation of individual units to the street by complying with one of the following conditions:
2631
2632 a. At least 50 percent of the townhouse units shall be located so that there is no intervening principal structure between the unit and the street, unless the intervening principal structure was established under permit as of October 31, 2001, or was granted a permit on October 31, 2001 and the permit has not expired; or
2633
2634 b. All townhouse units shall have direct access to a common amenity area meeting the requirements of Section 23.45.522 that either abuts the street or is visible and accessible from the street by a clear pedestrian pathway.
2635
2636 2. A clear pedestrian pathway from the street to the entrance of each townhouse unit shall be provided. The pedestrian pathway may be part of a driveway, provided that the pathway is differentiated from the driveway by pavement color, texture, or similar technique. Signage identifying townhouse unit addresses and the directions to the unit entrance(s) from the street shall be provided.
2637
2638 3. Each townhouse unit, with a street-facing facade shall have a pedestrian entry on the street-facing facade that is designed to be visually prominent feature through the use of covered stoops, porches, or other architectural entry features. For townhouse units on corner lots, a visually prominent pedestrian entry is required on only one of the street-facing facades.
2639
2640 4. Architectural expression. Architectural detail or composition shall be provided to visually identify each individual townhouse unit, as seen from the public street. Design elements such as trim or molding, modulation, massing, color and material variation or other similar features may be used to achieve visual identification of individual units. Rooftop features such as dormers or clerestories, or roofline variation may be used to visually identify individual townhouse units.
2641
2642 G. Building entry orientation standards for apartments.
2643
2644 1. For each apartment structure, a principal shared pedestrian entrance is required that faces either a street or a common amenity area, such as a landscaped courtyard, that abuts and has direct access to the street. Additional pedestrian entrances to individual units are permitted.
2645
2646 2. If more than one apartment structure is located on a lot, each apartment structure separated from the street by another principal structure shall have a principal entrance that is accessible from a common amenity area with access to the street.
2647
2648 3. The shared entrance of each apartment structure shall have a pedestrian entry that is designed to be visually prominent, through the use of covered stoops, overhead weather protection, a recessed entry, or other architectural entry features.
2649
2650 Section 40. Section 23.45.005 of the Seattle Municipal Code, Development standards for single-family structures, which section was last amended by Ordinance 123210, as shown in Appendix A to this ordinance, is repealed.
2651
2652 Section 41. A new Section 23.45.531 is added to the Seattle Municipal Code as follows:
2653
2654 23.45.531 Development standards for cottage housing developments and carriage house structures
2655
2656 A. Size limit for dwelling units.
2657
2658 1. The maximum gross floor area of each cottage in a cottage housing development is 950 square feet.
2659
2660 2. The maximum gross floor area of a carriage house is 600 square feet.
2661
2662 B. Size limit for garages. The maximum gross floor area for a shared garage structure in a cottage housing development is 1,200 square feet, and the garage shall contain no more than four parking spaces.
2663
2664 C. Carriage house structures. A carriage house structure is permitted in a cottage housing development subject to the following standards:
2665
2666 1. The maximum number of dwelling units permitted in carriage house structures is one-third of the total number of units in the cottage housing development on the lot.
2667
2668 2. The maximum gross floor area of the ground floor of a carriage house structure is 1,200 square feet.
2669
2670 D. Existing single-family dwelling units in a cottage housing development. Existing single-family dwelling units that are non-conforming with respect to the standards for a cottage housing development are permitted to remain, provided that the extent of the nonconformity shall not be increased.
2671
2672 Section 42. Section 23.45.534 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
2673
2674 23.45.534 Light and glare standards ((~~in Midrise and Highrise zones~~))
2675
2676 A. Exterior lighting shall be shielded and directed away from adjacent properties.
2677
2678 B. Interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties.
2679
2680 C. To prevent vehicle lights from affecting adjacent properties, driveways and parking areas for more than two vehicles shall be screened from ((~~adjacent~~))  abutting properties by a fence or wall between 5 feet and 6 feet in height, or a solid evergreen hedge or landscaped berm at least 5 feet in height. If the elevation of the lot line is different from the finished elevation of the driveway 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 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.
2681
2682 Section 43. Section 23.45.536 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
2683
2684 23.45.536 Parking ((~~and~~))  location, access , and screening  ((~~in MR and HR zones~~))
2685
2686 A. Off-street parking spaces are required ((~~pursuant~~)) to the extent provided in  Chapter 23.54 , Quantity and design standards for access and off-street parking .
2687
2688 B. Location of parking.
2689
2690 1. If parking is required, it shall be located on the same lot as the use requiring the parking, except as otherwise provided in this subsection 23.45.536.B .
2691
2692 ((~~1~~)) 2 . ((~~Parking shall~~))  Except as otherwise provided in this subsection 23.45.536.B, surface parking may  be located  anywhere on a lot except:
2693
2694 a. between a  principal structure and a  street lot line ((~~that is not a street lot line,~~)) ;
2695
2696 b. in  the required front setback or side street side setback; and
2697
2698 c. within 7 feet of any street lot line.
2699
2700 3. Parking in a structure. Parking may be located in a structure or under a structure, ((~~or in any combination of these locations, unless otherwise provided in subsections B.2 or B.3 of this Section 23.45.536~~))  provided that no portion of a garage that is higher than 4 feet above existing or finished grade, whichever is lower, shall be closer to a street lot line than any part of the first floor of the structure in which it is located;
2701
2702 ((~~2~~)) 4 . On a through lot, parking may be located between the structure and one front lot line((~~ ; except that on lots 125 feet or greater in depth, parking shall not be located in either front setback~~)). The ((~~frontage~~))  front setback  in which the parking may be located will be determined by the Director based on the prevailing character and setback patterns of the block.
2703
2704 ((~~3~~)) 5 . On waterfront lots in the Shoreline District, parking ((~~shall~~))  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 ,  ((~~pursuant to~~))  as required by  Chapter 23.60, Shoreline District.
2705
2706 6. Parking accessory to a residential use may be located on a lot within 800 feet of the lot where the residential use that requires the parking is located, provided that:
2707
2708 a. the lot is not located in a single-family zone; and
2709
2710 b. the requirements of Section 23.54.025 are met.
2711
2712 C. Access to ((~~P~~)) p arking .
2713
2714 1. ((~~Access to parking shall be from an improved alley, but not from the street, or from both the alley and the street, unless the Director permits access from the street according to subsection 23.45.536.D below.~~))  Alley access required. Except as otherwise expressly required or permitted in subsections C or D of this Section 23.45.536, access to parking shall be from the alley if the lot abuts an alley and one of the conditions in this subsection 23.45.536.C.1 is met.
2715
2716 a. The alley is improved to the standards of subsection 23.53.030.C;
2717
2718 b. The development gains additional FAR pursuant to Section 23.45.510.C; or
2719
2720 c. The Director determines that alley access is feasible and desirable to mitigate parking access impacts, improve public safety, and/or maintain on-street parking capacity.
2721
2722 2. ((~~If the lot does not abut an improved alley or street, access may be permitted from an easement meeting the provisions of Chapter 23.53, Requirements for Streets, Alleys, and Easements.~~))  Street access required. Access to parking shall be from the street if:
2723
2724 a. The lot does not abut an alley.
2725
2726 b. The lot abuts an alley, and the Director determines that the alley should not be used for access, for one or more of the following reasons:
2727
2728 1) Due to the relationship of the alley to the street system, use of the alley for parking access would create a significant safety hazard; or
2729
2730 2) Topography makes alley access infeasible.
2731
2732 3) The alley is on the uphill side of a steeply sloping lot, and the following conditions are met:
2733
2734 i. access from the street is to common parking garage in or under the structure, located a maximum of 4 feet above grade.
2735
2736 ii. the siting of development results in an increased Green Factor score, larger ground- level amenity areas, and/or reduced surface parking area than if alley access is used.
2737
2738 3.((~~When access is provided to individual garages from the street pursuant to subsection 23.45.536.D, all garage doors facing the street shall be set back 15 feet from the street lot line.~~))  On corner lots, if street access is permitted pursuant to subsection 23.45.536.C.2, the applicant may determine the street from which access is taken, unless the Director determines that the use of the street chosen by the applicant would create a significant safety hazard.
2739
2740 4. On steeply sloping lots, the Director may permit the use of both an alley and a street for access, provided that the following conditions are met:
2741
2742 a. access from the street is to common parking garage in or under the structure, that is underground or extends no more than 4 feet above grade.
2743
2744 b. the siting of development results in an increased Green Factor score, larger ground-level amenity areas, and/or reduced surface parking area than if alley access alone is used.
2745
2746 c. In LR zones, if the project uses both the alley and street for access to parking other than required barrier-free parking spaces, the project does not qualify for the higher FAR limit in Section 23.45.510.B.
2747
2748 5. Access to required barrier-free parking spaces that meet the standards in the Seattle Residential Code, Section R322, or the Seattle Building Code, Chapter 11, may be from either the street or alley, or both.
2749
2750 6. If the alley is used for access, the alley shall be improved according to the standards in subsections 23.53.030.E and F, except that if a development gains additional FAR pursuant to subsection 23.45.510.C, the alley shall be paved rather than improved with crushed rock, even for lots containing fewer than ten units.
2751
2752 7. If the lot does not abut an improved alley or street, access may be permitted from an easement that meets the provisions of Chapter 23.53, Requirements for Streets, Alleys, and Easements.
2753
2754 ((~~D. Exceptions for parking location and access. The Director may permit an alternate location of parking on the lot or access to off-street parking as a Type I decision based on consideration of the following:~~
2755
2756~~1. whether access would negatively impact public safety by requiring backing onto an arterial street;~~
2757
2758~~2. whether on-street parking capacity is maintained or loss of on-street parking is minimized by measures such as serving two garages with one curb cut.~~
2759
2760~~3. whether, as a result, the project is better integrated with the topography of the lot, such as by providing structured parking below grade or shared parking that reduces the overall impact of parking on the design of the project.~~
2761
2762~~4. whether the siting of development on the lot is improved, allowing for more landscaping or increased Green Factor scoreand/or amenity areas, and reduced surface parking area; and~~
2763
2764~~5. whether the flow of vehicular or pedestrian traffic is not significantly impacted.~~))
2765
2766 ((~~E. Parking shall be screened from all streets and adjacent uses pursuant to Section 23.45.524.~~))  D. Screening of parking.
2767
2768 1. Parking shall be screened from direct street view by the street facing facade of a structure, by garage doors, or by a fence or wall.
2769
2770 2. Screening by a fence or wall. If screening is provided by a fence or wall, the fence or wall shall not be located within any required sight triangle, and shall meet the following conditions:
2771
2772 a. the fence or wall shall be at least 3 feet tall measured from the elevation of the curb, or from the elevation of the street if no curb is present. If the elevation of the ground at the base of the fence or wall is higher than the finished elevation of the parking surface, the difference in elevation may be measured as a portion of the required height of the screen, so long as the fence or wall is a minimum of 3 feet in height. If located in a setback, the fence or wall shall meet the requirements subsection 23.45.518.J.7.
2773
2774 b. the fence or wall shall be set back at least 3 feet from the lot line.
2775
2776 3. Screening by garage doors. If parking is provided in a garage in or attached to a principal structure, and garage door(s) face a street, the following standards apply:
2777
2778 a. Garage doors may be no more 75 square feet in area;
2779
2780 b. Garage doors facing the street shall be set back at least 15 feet from the street lot line, and shall be no closer to the street lot line than the street-facing facade of the structure.
2781
2782 Section 44. Section 23.45.545 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
2783
2784 Section 23.45.545 Standards for certain accessory uses
2785
2786 * * *
2787
2788 C. Solar collectors .
2789
2790 1. Solar collectors that meet minimum written energy conservation standards administered by the Director are permitted in required setbacks, subject to the following:
2791
2792 ((~~1~~)) a . Detached solar collectors are permitted in required rear setbacks, no closer than 5 feet to any other principal or accessory structure.
2793
2794 ((~~2~~)) b . Detached solar collectors are permitted in required side setbacks, no closer than 5 feet to any other principal or accessory structure, and no closer than 3 feet to the side lot line.
2795
2796 ((~~3. The area covered or enclosed by solar collectors may be counted toward any open space requirement pursuant to Section 23.45.016 and residential amenity area requirement s  pursuant to Section 23.45.522.~~))
2797
2798 ((~~4~~)) 2 . Sunshades that provide shade for solar collectors that meet minimum written energy conservation standards administered by the Director may project into southern front or rear setbacks. Those that begin at 8 feet or more above finished grade may be no closer than 3 feet from the lot line. Sunshades that are between finished grade and 8 feet above finished grade may be no closer than 5 feet to the lot line.
2799
2800 3. Solar collectors on roofs. Solar collectors that meet minimum written energy conservation standards administered by the Director and that are located on a roof are permitted as follows:
2801
2802 a. In Lowrise zones up to 4 feet above the maximum height limit or 4 feet above the height of elevator penthouse(s); and
2803
2804 b. In MR and HR zones up to 10 feet above the maximum height limit or 10 feet above the height of elevator penthouse(s).
2805
2806 c. If the solar collectors would cause an existing structure to become nonconforming, or increase an existing nonconformity, the Director may permit the solar collectors as a special exception pursuant to Chapter 23.76. Such solar collectors may be permitted even if the structure exceeds the height limits established in this subsection 23.45.545.C.3, when the following conditions are met:
2807
2808 a. There is no feasible alternative solution to placing the collector(s) on the roof; and
2809
2810 b. Such collector(s) are located so as to minimize view blockage from surrounding properties and the shading of property to the north, while still providing adequate solar access for the solar collectors.
2811
2812 * * *
2813
2814 I. In Lowrise zones, lots that include rowhouse and townhouse units may include accessory dwelling units as follows:
2815
2816 1. No more than one accessory dwelling unit shall be located on a lot.
2817
2818 2. The principal structure on the lot shall include one and only one dwelling unit other than the accessory dwelling unit, which other dwelling unit is referred to in this subsection 23.45.545.I as the "principal unit".
2819
2820 3. The owner of the lot shall comply with the owner occupancy requirements of subsection 23.44.041.C.
2821
2822 4. Maximum gross floor area:
2823
2824 a. The maximum gross floor area of an accessory dwelling unit is 650 square feet;
2825
2826 b. The gross floor area of the accessory dwelling unit may not exceed 40 percent of the total gross floor area in residential use on the lot, exclusive of garages, storage sheds, and other nonhabitable spaces.
2827
2828 5. An accessory dwelling unit shall be located completely within the same structure as the principal unit or in an accessory structure located between the rowhouse or townhouse unit and the rear lot line.
2829
2830 6. The entrance to an accessory dwelling unit provided within the same structure as the principal unit shall be provided through one of the following configurations:
2831
2832 a. Through the primary entry to the principal unit; or
2833
2834 b. Through a secondary entry on a different facade than the primary entry to the principal unit; or
2835
2836 c. Through a secondary entry on the same facade as the primary entry to the principal unit that is smaller and less visually prominent than the entry to the principal unit, and does not have a prominent stoop, porch, portico or other entry feature.
2837
2838 7. Exterior stairs. Exterior stairs providing access to an accessory dwelling unit may not exceed 4 feet in height, except for exterior stairs providing access to an accessory dwelling unit located above a garage.
2839
2840 8. Parking. Parking is not required for an accessory dwelling unit.
2841
2842 J. An accessory dwelling unit within an established single-family dwelling unit or on the lot of an established single-family dwelling unit shall be considered an accessory use to the single-family dwelling unit, shall meet the standards listed for accessory dwelling units in Section 23.44.041, and shall not be considered a separate dwelling unit for any development standard purposes in multifamily zones.
2843
2844 Section 45. Subsections A, B, C, D, F, and J of Section 23.45.570 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, are amended as follows:
2845
2846 23.45.570 Institutions
2847
2848 A. General Provisions.
2849
2850 1. The establishment of new institutions, such as religious facilities, community centers, private schools, and child care centers in multifamily zones is permitted pursuant to Section 23.45.504.
2851
2852 2. Public schools are permitted as regulated in Chapter 23.51B.
2853
2854 3. If the expansion of an existing institution meets all development standards of this ((~~Chapter 23.45~~))  Section 23.45.570 , it is permitted outright. Expansions not meeting development standards may be permitted as administrative conditional uses subject to the requirements of Section 23.45.506. Structural work that does not increase usable floor area or seating capacity and does not exceed the height limit is not considered expansion. Such work includes but is not limited to roof repair or replacement, and construction of uncovered decks and porches, bay windows, dormers, and eaves. The establishment of a child care center in a legally established institution devoted to the care or instruction of children that does not require expansion of the existing structure or violate any condition of approval of the existing institutional use is not considered an expansion of the use.
2855
2856 4. The provisions of this Chapter 23.45 apply to Major Institution uses as provided in Chapter 23.69, Major Institution Overlay District.
2857
2858 B.  Institutions located in LR zones shall meet the development standards of this Section 23.45.570.  Institutions located in MR and HR zones shall meet the development standards of the zone, and shall also meet the standards for  parking, dispersion ,  and odors in subsections  G, J ,  and H of this Section 23.45.570.
2859
2860 C. Height ((~~L~~)) l imits in Lowrise zones .
2861
2862 1.  The height limit for institutions shall be the height limit for apartments ((~~Maximum height limits for institutions are as provided for multifamily residential uses~~)) in the applicable zone , except as provided in this subsection 23.45.570.C .
2863
2864 2. In ((~~the Lowrise Duplex/Triplex, Lowrise 1, Lowrise 2 and Lowrise~~3))  LR1 and LR2 zones, for gymnasiums, auditoriums, and wood shops that are accessory to an institution, the maximum permitted height is 35 feet if all portions of the structure above the height limit of the zone are set back at least 20 feet from all ((~~property~~))  lot lines. Pitched roofs on the auditorium, gymnasium or wood shop with a slope of not less than 4:12 may extend 10 feet above the 35-foot height limit. No portion of a shed roof on a gymnasium, auditorium or wood shop is permitted to extend beyond 35 feet.
2865
2866 3. In ((~~the Lowrise 4~~)) LR3  zone s , pitched roofs on an auditorium, gymnasium, or wood shop with a slope of not less than 4:12 may extend 10 feet above the ((~~37-foot~~)) height limit , ((~~ . No~~))  except that no  portion of a shed roof is permitted to extend beyond ((~~37 feet~~))  the height limit .
2867
2868 D. Structure ((~~W~~)) w idth in Lowrise zones .
2869
2870 1. The maximum permitted width for  structures in  institution al ((~~s~~))  use  in Lowrise zones is as shown in Table A for 23.45.570.
2871
2872<table><tr><td>Table A for 23.45.570: Width Limits for Institutions in Lowrise zones
2873
2874</td></tr>
2875
2876<tr><td>Zone
2877
2878</td><td>Maximum Width Without (( Modulation or Landscaping ))Green Factor(( Option (feet)))
2879
2880</td><td>Maximum Width With (( Modulation or Landscaping ))Green Factor(( Option (feet)))
2881
2882</td></tr>
2883
2884<tr><td>(( Lowrise Duplex/Triplex and ))Lowrise 1
2885
2886</td><td>45 feet
2887
2888</td><td>75 feet
2889
2890</td></tr>
2891
2892<tr><td>Lowrise 2
2893
2894</td><td>45 feet
2895
2896</td><td>90 feet
2897
2898</td></tr>
2899
2900<tr><td>Lowrise 3 (( and Lowrise 4 ))
2901
2902</td><td>60 feet
2903
2904</td><td>150 feet
2905
2906</td></tr>
2907
2908</table> 2. In order to achieve the maximum width permitted in each zone, institutional structures are required to reduce the appearance of bulk ((~~through one of the following options:~~))  by providing landscaping that achieves a Green Factor score of .5 or greater, pursuant to the standards set forth in Section 23.86.019.
2909
2910 ((~~a. Modulation Option. Front facades, and side and rear facades facing street lot lines, shall be modulated as shown in Table B for 23.45.570. Any un- modulated portion of the facade may not comprise more than 50 percent of the total facade area; or~~
2911
2912<table><tr><td>Table B for 23.45.570: Width, Height, and Depth of Modulation for Institutions in Lowrise zones
2913
2914</td></tr>
2915
2916<tr><td></td><td>Minimum depth of modulation ((in feet))
2917
2918</td><td>Minimum height of modulation ((in feet))
2919
2920</td><td>Minimum width of modulation (((feet)))
2921
2922</td></tr>
2923
2924<tr><td>((Lowrise zones))
2925
2926</td><td>4 feet
2927
2928</td><td>5 feet
2929
2930</td><td>10 feet or 20% of the total structure width, whichever is greater
2931
2932</td></tr>
2933
2934</table>~~b. Green Factor Option. Landscaping that achieves a Green Factor score of .5 or greater, pursuant to the procedures set forth in Section 23.86.019, shall be provided.~~))
2935
2936 * * *
2937
2938 F. Setback Requirements in Lowrise zones.
2939
2940 1. Front Setback. The minimum depth of the required front setback is determined by the average of the setbacks of structures on adjoining lots, but is not required to exceed 20 feet. The setback shall not be reduced below an average of 10 feet, and no portion of the structure may be closer than 5 feet to a front lot line.
2941
2942 2. Rear Setback. The minimum rear setback is 10 feet.
2943
2944 3. Side Setback.
2945
2946 a. The minimum side setback is 10 feet from a side lot line that abuts any other residentially zoned lot. A 5 foot setback ((~~shall be~~))  are  required in all other cases, except that the minimum side street side setback ((~~shall be~~))  is 10 feet.
2947
2948 b. When the depth of a structure exceeds 65 feet, an additional setback is required for that portion of the structure in excess of 65 feet. This additional setback may be averaged along the entire length of the wall. The side setback requirement for portions of walls subject to this provision shall be provided as shown in Table C for 23.45.570.
2949
2950 Table C for 23.45.570: Side Setback Requirements for Institutional Structures Greater than 65 Feet in Depth in Lowrise zones
2951
2952<table><tr><td>Structure Depth in feet
2953
2954</td><td>Side Setback Requirement in feet
2955
2956</td></tr>
2957
2958<tr><td>(( u ))Up to 20(( ' )) in height
2959
2960</td><td>Greater than 20 (( ' )) up to 40(( ' )) in height
2961
2962</td><td>Greater than 40 (( ' )) up to 60(( ' )) in height
2963
2964</td><td>Greater than 60 (( ' )) up to 80(( ' )) in height
2965
2966</td><td>Greater than 80 (( ' )) in height
2967
2968</td></tr>
2969
2970<tr><td>Up to 70(( ' ))
2971
2972</td><td>12(( ' ))
2973
2974</td><td>14(( ' ))
2975
2976</td><td>16(( ' ))
2977
2978</td><td>18(( ' ))
2979
2980</td><td>-
2981
2982</td></tr>
2983
2984<tr><td>Greater than 70(( ' )), up to 80(( ' ))
2985
2986</td><td>13(( ' ))
2987
2988</td><td>15(( ' ))
2989
2990</td><td>17(( ' ))
2991
2992</td><td>19(( ' ))
2993
2994</td><td>21(( ' ))
2995
2996</td></tr>
2997
2998<tr><td>Greater than 80(( ' )), up to 90(( ' ))
2999
3000</td><td>14(( ' ))
3001
3002</td><td>16(( ' ))
3003
3004</td><td>18(( ' ))
3005
3006</td><td>20(( ' ))
3007
3008</td><td>22(( ' ))
3009
3010</td></tr>
3011
3012<tr><td>Greater than 90(( ' )), up to 100(( ' ))
3013
3014</td><td>15(( ' ))
3015
3016</td><td>17(( ' ))
3017
3018</td><td>19(( ' ))
3019
3020</td><td>21(( ' ))
3021
3022</td><td>23(( ' ))
3023
3024</td></tr>
3025
3026<tr><td>Greater than 100(( ' ))
3027
3028</td><td>16(( ' ))
3029
3030</td><td>18(( ' ))
3031
3032</td><td>20(( ' ))
3033
3034</td><td>22(( ' ))
3035
3036</td><td>24(( ' ))
3037
3038</td></tr>
3039
3040</table> 4. Setbacks for Specific Items. The following shall be located at least 20 feet from any abutting residentially zoned lot:
3041
3042 a. Emergency entrances;
3043
3044 b. Main entrance door of the institutional structure;
3045
3046 c. Outdoor play equipment and game courts;
3047
3048 d. Operable window of gymnasium, assembly hall or sanctuary;
3049
3050 e. Garbage and trash disposal mechanism;
3051
3052 f. Kitchen ventilation;
3053
3054 g. Air-conditioning or heating mechanism;
3055
3056 h. Similar mechanisms and features causing noise and/or odors as determined by the Director.
3057
3058 5. Accessory structures and projections from principal structures are allowed in required setbacks on lots developed with institutional uses to the same extent that those accessory structures or projections would be allowed for apartments in the zone, except that no accessory structures other than freestanding walls, fences, bulkheads, or similar structures shall be closer than 10 feet to a side lot line abutting another lot in a residential zone.
3059
3060 * * *
3061
3062 J. Dispersion. The lot line of any new or expanding institution  other than child care centers  locating ((~~within a~~))  in  legally established institution s  shall be located 600 feet or more from any lot line of any other institution in a residential zone with the following exceptions:
3063
3064 1. An institution may expand even though it is within 600 feet of a public school if the public school is constructed on a new site subsequent to December 12, 1985.
3065
3066 2. A proposed institution may be located less than 600 feet from a lot line of another institution if the Director determines that the intent of dispersion is achieved due to the presence of physical elements such as bodies of water, large open spaces or topographical breaks or other elements such as arterials, freeways or nonresidential uses, that provide substantial separation from other institutions.
3067
3068 Section 46. Section 23.45.574 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
3069
3070 23.45.574 Assisted ((~~L~~)) l iving ((~~F~~)) f acilities
3071
3072 A. Assisted living facilities ((~~shall be~~))  are  subject to the development standards ((~~of~~))  for apartments for the zone in which they are located except that density limits ((~~and open space~~)) and ((~~residential~~)) amenity  area requirements do not apply to assisted living facilities.
3073
3074 B. Other ((~~R~~)) r equirements.
3075
3076 ((~~1. Minimum Unit Size. Assisted living units shall be designed to meet the minimum square footage required by WAC 388-110-140.~~))
3077
3078 ((~~2~~)) 1 . Facility ((~~K~~)) k itchen. An on-site kitchen that serves the entire assisted living facility is required.
3079
3080 ((~~3~~)) 2 . Communal ((~~A~~)) a rea. 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 shall be provided:
3081
3082 a. The total amount of communal area shall, at a minimum, equal ((~~20~~))  5  percent of the total floor area in assisted living units , or 25 percent of lot area, whichever is less . In calculating the total floor area in assisted living units, all of the area of each of the individual units shall be counted, including counters, closets and built-ins, but excluding the bathroom;
3083
3084 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, shall be counted toward the communal area requirement; and
3085
3086 c. A minimum of 400 square feet of the required communal area shall be provided outdoors, with no dimension less than 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.
3087
3088 Section 47. Subsection B of Section 23.46.002 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:
3089
3090 Section 23.46.002 Scope of ((~~P~~)) p rovisions((~~ .~~))
3091
3092 * * *
3093
3094 B. All RC zones are assigned a residential zone classification on the Official Land Use Map. The development standards of the designated residential zone ((~~shall~~)) apply to all uses in the RC zone except commercial uses. The development standards of the designated residential zone shall apply to all structures in the RC zone, except that parking quantity ((~~shall be~~))  is  required as provided in Chapter 23.54.  Commercial uses are subject to the FAR limits for apartments in Section 23.45.510.
3095
3096 * * *
3097
3098 Section 48. Subsection C of Section 23.47A.002 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is amended as follows:
3099
3100 23.47A.002 Scope of provisions
3101
3102 * * *
3103
3104 C. Other regulations, including but not limited to, requirements for streets, alleys and easements (Chapter 23.53); standards for parking quantity, access and design (Chapter 23.54);  standards for solid waste storage (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, Communications Regulations.
3105
3106 Section 49. Section 23.47A.024 of the Seattle Municipal Code, which section was enacted by Ordinance 122311, is amended as follows:
3107
3108 23.47A.024 ((~~Residential~~)) Amenity ((~~A~~)) a rea((~~s.~~))
3109
3110 A. ((~~Residential amenity~~))  Amenity areas((~~ , including but not limited to decks, balconies, terraces, roof gardens, plazas, courtyards, play areas, or sport courts,~~)) are required in an amount equal to ((~~five (~~))5((~~ )~~)) percent of the total gross floor area in residential use, except as otherwise specifically provided in this ((~~chapter~~))  Chapter 23.47A . Gross floor area, for the purposes of this subsection, excludes areas used for mechanical equipment((~~ ,~~))  and  accessory parking ((~~and residential amenity areas~~)).
3111
3112 B. Required ((~~residential~~)) amenity areas ((~~must~~))  shall  meet the following ((~~conditions~~))  standards , as applicable:
3113
3114 1. All residents ((~~must~~))  shall  have access to at least one ((~~residential~~))  common or private amenity area;
3115
3116 2. ((~~Residential amenity~~))  Amenity  areas ((~~may~~))  shall  not be enclosed;
3117
3118 3. Parking areas,  vehicular access easements, and  driveways((~~ , and pedestrian access to building entrances, except for pedestrian access meeting the Seattle Building Code, Chapter 11 --- Accessibility,~~)) do not count as ((~~residential~~)) amenity areas , except that a woonerf may provide a maximum of 50 percent of the amenity area if the design of the woonerf is approved through a design review process pursuant to Chapter 23.41 ;
3119
3120 4.Common ((~~recreational~~))  amenity  areas ((~~must~~))  shall  have a minimum horizontal dimension of ((~~at least ten (~~))10((~~ )~~)) feet, and no common ((~~recreational~~))  amenity  area ((~~can~~))  shall  be less than ((~~two hundred and fifty (~~))250((~~ )~~)) square feet  in size ;
3121
3122 5. Private balconies and decks ((~~must~~))  shall have a minimum area of ((~~sixty (~~))60((~~ )~~)) square feet, and no horizontal dimension shall be less than ((~~six (~~))6((~~ )~~)) feet.
3123
3124 6. Rooftop areas excluded  because they are near minor communication utilities and accessory communication devices, pursuant to Section 23.57.012 . C . 1 . d ,  do not qualify as ((~~residential~~)) amenity areas.
3125
3126 Section 50. Subsection A of Section 23.47A.027 of the Seattle Municipal Code, which section was last amended by Ordinance 122935, is amended as follows:
3127
3128 23.47A.027 Landmark Districts and designated landmark structures
3129
3130 A. The Director , in consultation with the Director of the Department of Neighborhoods,  may waive or allow departures from standards for street level development, ((~~residential~~)) amenity areas, setbacks, floor area ratio limits ,  and screening and landscaping for designated landmark structures or for development within a Landmark District pursuant to Seattle Municipal Code, Title 25 or within a Special Review District pursuant to Seattle Municipal Code, Chapter 23.66.
3131
3132 * * *
3133
3134 Section 51. Section 23.47A.029 relating to storage of solid waste materials in commercial zones, and Section 23.48.031 relating to storage of solid waste materials in Seattle Mixed zones, which sections of the Seattle Municipal Code were last amended by Ordinance 122311 and Ordinance 121782 respectively, as shown in Attachment A to this ordinance, are repealed.
3135
3136 Section 52. Subsection A of Section 23.47A.035 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:
3137
3138 SMC 23.47A.035 Assisted living facilities development standards((~~ .~~))
3139
3140 A. Assisted living facilities are subject to the development standards of the zone in which they are located except that the ((~~residential~~)) amenity  area requirements of Section 23.47A.024 do not apply.
3141
3142 * * *
3143
3144 Section 53. Subsection B of Section 23.48.002, which section was last amended by Ordinance 122835, is amended as follows:
3145
3146 Section 23.48.002 Scope of provisions((~~ .~~))
3147
3148 * * *
3149
3150 B. Other regulations, such as requirements for streets, alleys and easements (Chapter 23.53); standards for parking quantity, access and design (Chapter 23.54);  standards for solid waste storage (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.
3151
3152 * * *
3153
3154 Section 54. Section 23.48.020 of the Seattle Municipal Code, which section was last amended by Ordinance 121782, is amended to read as follows:
3155
3156 23.48.020 ((~~Residential~~)) ((~~a~~)) A menity area((~~ .~~))
3157
3158 A. Quantity of ((~~Residential~~)) ((~~A~~)) a menity ((~~A~~)) a rea. All new structures containing more than ((~~twenty (~~))20((~~ )~~)) dwelling units shall provide ((~~residential~~)) amenity area  on the lot in an amount equivalent to ((~~five percent (~~))5((~~ %)~~))  percent  of the total gross floor area in residential use.
3159
3160 B. Standards for ((~~Residential~~)) ((~~A~~)) a menity ((~~A~~)) a rea.
3161
3162 ((~~1. Residential amenity area shall be provided on-site~~)).
3163
3164 ((~~2~~)) 1 . The ((~~residential~~)) amenity area shall be available to all residents and may be provided at or above ground level.
3165
3166 ((~~3~~)) 2 . A maximum of ((~~fifty~~))  50  percent ((~~ (50%)~~)) of the ((~~residential~~)) amenity area may be enclosed. Examples of enclosed ((~~residential~~)) amenity area include atriums, greenhouses and solariums.
3167
3168 ((~~4~~)) 3 . The minimum horizontal dimension for ((~~required~~)) residential amenity area ((~~shall be fifteen~~))  is 15 feet ((~~ (15')~~)), and no required ((~~residential~~)) amenity area shall be less than ((~~two hundred twenty-five (~~))225((~~ )~~)) square feet  in size .
3169
3170 5. The exterior portion of required ((~~residential~~)) amenity area shall be landscaped and shall provide solar access and seating according to standards promulgated by the Director.
3171
3172 6. Parking areas,  vehicular access easements, and driveways ((~~and pedestrian access, except for pedestrian access meeting the Washington State Rules and Regulations for Barrier Free Design~~)), ((~~shall not be counted~~))  do not qualify as ((~~residential~~)) amenity area , except that  a woonerf may provide a maximum of 50 percent of the amenity area if the design of the woonerf is approved through a design review process pursuant to Chapter 23.41 .
3173
3174 Section 55. Subsection D of Section 23.49.025 of the Seattle Municipal Code, which section was last amended by Ordinance 122504, is amended to read as follows:
3175
3176 23.49.025 Odor, noise, light/glare, and solid waste recyclable materials storage space standards((~~ .~~))
3177
3178 * * *
3179
3180 D. ((~~Solid~~))  The standards of Section 23.54.040 for solid waste and recyclable materials storage space((~~ .~~))  shall be met.
3181
3182~~1. Storage space for solid waste and recyclable materials containers shall be provided for all new structures permitted in Downtown zones and expanded multifamily structures as indicated in the table below. For the purposes of this subsection, the addition of two (2) or more units to a multifamily structure shall be considered expansion.~~
3183
3184~~2. The design of the storage space shall meet the following requirements:~~
3185
3186~~a. The storage space shall have no dimension (width and depth) less than six (6) feet;~~
3187
3188~~b. The floor of the storage space shall be level and hard-surfaced (garbage or recycling compactors require a concrete surface); and~~
3189
3190~~c. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.~~
3191
3192~~3. The location of the storage space shall meet the following requirements:~~
3193
3194~~a. The storage space shall be located within the 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;~~
3195
3196~~b. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure;~~
3197
3198~~c. The storage space shall not block or impede any fire exits, public rights-of-ways or any pedestrian or vehicular access; and~~
3199
3200~~d. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments.~~
3201
3202~~4. Access to the storage space for occupants and service providers shall meet the following requirements:~~
3203
3204~~a. For rear-loading containers:~~
3205
3206~~ (1) Any ramps to the storage space shall have a maximum slope of six (6) percent, and~~
3207
3208~~ (2) Any gates or access routes shall be a minimum of six (6) feet wide; and~~
3209
3210~~b. For front-loading containers:~~
3211
3212~~ (1) Direct access shall be provided from the alley or street to the containers,~~
3213
3214~~ (2) Any proposed gates or access routes shall be a minimum of ten (10) feet wide, and~~
3215
3216~~ (3) When accessed directly by a collection vehicle into a structure, a twenty-one (21) foot overhead clearance shall be provided.~~
3217
3218~~5. The solid waste and recyclable materials storage space specifications required in subsections 1, 2, 3, and 4 of this subsection above, in addition to the number and sizes of containers, shall be included on the plans submitted with the permit application.~~
3219
3220~~6. The Director, in consultation with the Director of Seattle Public Utilities, shall have the discretion to allow departure from the requirements of subsections, 1, 2, 3, and 4 of this subsection as a Type I decision when the applicant proposes alternative, workable measures that meet the intent of this section and:~~
3221
3222~~a. For new construction, the applicant can demonstrate significant difficulty in meeting any of the requirements of subsections 1, 2, 3, and 4 of this subsection due to unusual site conditions such as steep topography; or~~
3223
3224~~b. For expansion of an existing building, the applicant can demonstrate that the requirements of subsections 1, 2, 3, and 4 of this subsection conflict with opportunities to retain ground-level retail uses.~~
3225
3226~~Seattle Municipal Code~~
3227
3228~~Table 23.49.025 A~~
3229
3230<table><tr><td>Structure Type
3231
3232</td><td>Structure Size
3233
3234</td><td>Minimum Area for Storage Space
3235
3236</td><td>Container Type
3237
3238</td></tr>
3239
3240<tr><td>Multifamily*
3241
3242</td><td>7-15 units
3243
3244</td><td>75 square feet
3245
3246</td><td>Rear-loading
3247
3248</td></tr>
3249
3250<tr><td></td><td>16-25 units
3251
3252</td><td>100 square feet
3253
3254</td><td>Rear-loading
3255
3256</td></tr>
3257
3258<tr><td></td><td>26-50 units
3259
3260</td><td>150 square feet
3261
3262</td><td>Front-loading
3263
3264</td></tr>
3265
3266<tr><td></td><td>51-100 units
3267
3268</td><td>200 square feet
3269
3270</td><td>Front-loading
3271
3272</td></tr>
3273
3274<tr><td></td><td>More than 100 units
3275
3276</td><td>200 square feet plus 2 square feet for each additional unit
3277
3278</td><td>Front-loading
3279
3280</td></tr>
3281
3282<tr><td>Commercial*
3283
3284</td><td>0-5,000 square feet
3285
3286</td><td>82 square feet
3287
3288</td><td>Rear-loading
3289
3290</td></tr>
3291
3292<tr><td></td><td>5,001-15,000 square feet
3293
3294</td><td>125 square feet
3295
3296</td><td>Rear-loading
3297
3298</td></tr>
3299
3300<tr><td></td><td>15,001-50,000 square feet
3301
3302</td><td>175 square feet
3303
3304</td><td>Front-loading
3305
3306</td></tr>
3307
3308<tr><td></td><td>50,001-100,000 square feet
3309
3310</td><td>225 square feet
3311
3312</td><td>Front-loading
3313
3314</td></tr>
3315
3316<tr><td></td><td>100,001-200,000 square feet
3317
3318</td><td>275 square feet
3319
3320</td><td>Front-loading
3321
3322</td></tr>
3323
3324<tr><td></td><td>200,001 plus square feet
3325
3326</td><td>500 square feet
3327
3328</td><td>Front-loading
3329
3330</td></tr>
3331
3332</table>~~ * 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.~~))
3333
3334 Section 56. Subsection H of Section 23.50.051 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is amended as follows:
3335
3336 23.50.051 Additional floor area in certain IC-zoned areas in the South Lake Union Urban Center
3337
3338 * * *
3339
3340 H. Solid ((~~W~~)) w aste and ((~~R~~)) r ecycling. Each structure satisfies the solid waste and recyclable materials storage space requirements of Section ~~23.48.031~~23.54.040 .
3341
3342 * * *
3343
3344 Section 57. Section 23.51A.004 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
3345
3346 23.51A.004 Public facilities in multifamily zones
3347
3348 A. ((~~Public facilities in multifamily zones are regulated by Section 23.45.504 in addition to the provisions in this Section 23.51A.004.~~))  Except as provided in subsection D of this Section 23.51A.004, uses in public facilities that are most similar to uses permitted outright or permitted as an administrative conditional use under the applicable zoning are also permitted outright or as an administrative conditional use, subject to the same use regulations, development standards and administrative conditional use criteria that govern the similar use.
3349
3350 B. The following uses in public facilities are permitted outright in all multifamily zones if the development standards for institutions in Section 23.45.570, other than dispersion requirements, are met:
3351
3352 1. Police precinct stations;
3353
3354 2. Fire stations;
3355
3356 3. Public boat moorages;
3357
3358 4. Utility service uses; and
3359
3360 5. Other uses similar to any of the uses listed in this subsection 23.51A.004.B.
3361
3362 ((~~B~~)) C . Unless specifically prohibited in ((~~Section 23.45.504~~))  subsection D of this Section 23.51A. 004 , new public facilities not specifically listed in  subsection A or B of this Section 23.51A.004  ((~~in Table A for 23.45.504~~)), or that are listed in  subsection A or B of this Section 23.51A. 004 ((~~Table A for 23.45.504~~)) but do not meet ((~~the~~))  applicable development standards ((~~for institutions in Section 23.45.570~~))  or administrative conditional use criteria , may be permitted by the City Council according to the provisions of Chapter 23.76, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions. In making the decision, the Council may waive or grant departures from development standards  or administrative conditional use criteria  for public facilities, if the following criteria are satisfied:
3363
3364 1. The location of the public facility addresses ((~~specific and unique~~)) public service needs, and any waiver or departure from development standards  or administrative conditional use criteria  is necessitated by those public service delivery needs; and
3365
3366 2. The impact of the public facility on surrounding properties has been addressed in the design, siting, landscaping and screening of the facility.
3367
3368 D. The following public facilities are prohibited in all multifamily zones:
3369
3370 1. Jails;
3371
3372 2. Work-release centers;
3373
3374 3. Bus bases;
3375
3376 4. Park and ride lots;
3377
3378 5. Sewage treatment plants;
3379
3380 6. Animal control shelters; and
3381
3382 7. Post office distribution centers.
3383
3384 ((~~C~~)) E . Expansion of ((~~U~~)) u ses in ((~~P~~)) p ublic ((~~F~~)) f acilities .
3385
3386 1. Major ((~~E~~)) e xpansion. Major expansion of public facilities ((~~allowed pursuant to Section 23.45.504~~))  that are permitted by subsection C of this Section 23.51A.004  may be approved by the City Council, with public projects considered as Type IV quasi- judicial decisions and City facilities considered as a Type V land use decisions, subject to the criteria of subsections ((~~B.1 and B.2~~))  C.1 and C.2 of this Section 23.51A.004. A major expansion of a public facility occurs ((~~when~~))  if  an expansion would not meet development standards or, except for expansion of the Washington State Convention and Trade Center, the area of the expansion would exceed either 750 square feet or 10 percent of the existing area of the use, whichever is greater. A major expansion of the Washington State Convention and Trade Center is one that is 12,000 square feet or more in size. For the purposes of this subsection ((~~23.51A.004.C.1~~))  23.51A.004.E.1 , "area of the use" includes gross floor area and outdoor area devoted actively to that use, excluding parking.
3387
3388 2. Minor ((~~E~~)) e xpansion. An expansion of a public facility that is not a major expansion is a minor expansion. Minor expansions to uses in public facilities ((~~allowed pursuant to Section 23.45.504~~))  that are permitted by subsections A, B, or C of this Section 23.51A.004  are permitted ((~~according to the provisions of Chapter 23.76 for a Type I Master Use Permit~~))  outright .
3389
3390 ((~~D. [Reserved.]~~))
3391
3392 ((~~E~~)) F . Essential public facilities will be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.
3393
3394 ((~~F~~)) G . Uses in existing or former public schools:
3395
3396 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 are permitted in existing or former public schools.
3397
3398 2. Other non-school uses are 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.
3399
3400 Section 58. Subsection E of Section 23.51B.002 of the Seattle Municipal Code, which section was enacted by Ordinance 123209, is amended as follows:
3401
3402 23.51B.002 Public schools in residential zones
3403
3404 * * *
3405
3406 E. Setbacks .
3407
3408 1. General Requirements .
3409
3410 a. No setbacks are required for new public school construction or for additions to existing public school structures for that portion of the site across a street or an alley from, or abutting a lot in a nonresidential zone. If any portion of the site is across a street or an alley from or abuts a lot in a residential zone, setbacks are required for areas facing or abutting residential zones, as provided in subsections E.2 through E.5 of this Section 23.51B.002. Setbacks for sites across a street or alley from or abutting lots in Residential-Commercial (RC) zones are based upon the residential zone classification of the RC lot.
3411
3412 b. The minimum setback requirement may be averaged along the structure facade with absolute minimums for areas abutting lots in residential zones as provided in subsections E.2.b, E.3.b ,  and E.4.b of this Section 23.51B.002.
3413
3414 c. Trash disposals, operable windows in a gymnasium, main entrances, play equipment, kitchen ventilators or other similar items shall be located at least 30 feet from any single-family zoned lot and 20 feet from any multi-family zoned lot.
3415
3416 d. The exceptions of subsections 23.44.014.D.5, D.6, D.7, D.8, D.9, D.10, D.11 ,  and D.12 apply.
3417
3418 2. New ((~~Public School Construction on New Public School Sites~~)) public school construction on new public school sites .
3419
3420 a. New public school construction on new public school sites across a street or alley from lots in residential zones shall provide minimum setbacks according to the ((~~I~~)) height of the school and the designation of the facing residential zone, as shown in Table A for 23.51B.002:
3421
3422<table><tr><td>Table A for 23.51B.002: Minimum Setbacks for a New Public School Site Located Across a Street or Alley from a (( r ))Residential (( z ))Zone
3423
3424</td></tr>
3425
3426<tr><td></td><td>Minimum Setbacks Across a Street or Alley from the Following Zones (in feet):
3427
3428</td></tr>
3429
3430<tr><td>(( I ))Height
3431
3432</td><td>SF/(( LDT/ ))LR1
3433
3434</td><td>LR2/LR3(( /L4 ))
3435
3436</td><td>MR
3437
3438</td><td>HR
3439
3440</td></tr>
3441
3442<tr><td></td><td>Average
3443
3444</td></tr>
3445
3446<tr><td>20' or less
3447
3448</td><td>15(( ' ))
3449
3450</td><td>10(( ' ))
3451
3452</td><td>5(( ' ))
3453
3454</td><td>0(( ' ))
3455
3456</td></tr>
3457
3458<tr><td>Greater than 20(( ' )) up to 35(( ' ))
3459
3460</td><td>15(( ' ))
3461
3462</td><td>10(( ' ))
3463
3464</td><td>5(( ' ))
3465
3466</td><td>0(( ' ))
3467
3468</td></tr>
3469
3470<tr><td>Greater than 35(( ' ))up to 50(( ' ))
3471
3472</td><td>20(( ' ))
3473
3474</td><td>15(( ' ))
3475
3476</td><td>5(( ' ))
3477
3478</td><td>0(( ' ))
3479
3480</td></tr>
3481
3482<tr><td>Greater than 50(( ' ))
3483
3484</td><td>35(( ' ))
3485
3486</td><td>20(( ' ))
3487
3488</td><td>10(( ' ))
3489
3490</td><td>0(( ' ))
3491
3492</td></tr>
3493
3494</table> b. New public school construction on new public school sites abutting lots in residential zones shall provide minimum setbacks according to the ((~~I~~)) height of the school and the designation of the abutting residential zone, as shown in Table B for 23.51B.002:
3495
3496<table><tr><td>Table B for 23.51B.002: Minimum Setbacks for a New Public School Site Abutting a (( r ))Residential Zone
3497
3498</td></tr>
3499
3500<tr><td></td><td>Minimum Setbacks Abutting the Following Zones (in feet):
3501
3502</td></tr>
3503
3504<tr><td>(( I ))Height
3505
3506</td><td>SF/(( LDT/ ))LR1
3507
3508</td><td>LR2/LR3(( /L4 ))
3509
3510</td><td>MR
3511
3512</td><td>HR
3513
3514</td></tr>
3515
3516<tr><td></td><td>Average (minimum)
3517
3518</td></tr>
3519
3520<tr><td>20(( ' )) or less
3521
3522</td><td>20(( ' )) (10(( " )))
3523
3524</td><td>15(( ' ))(10(( ' )))
3525
3526</td><td>10(( ' ))(5(( ' )))
3527
3528</td><td>0(( " ))
3529
3530</td></tr>
3531
3532<tr><td>Greater than 20(( ' )) up to 35(( ' ))
3533
3534</td><td>25(( ' )) (10(( " )))
3535
3536</td><td>15(( ' ))(10(( ' )))
3537
3538</td><td>10(( ' ))(5')
3539
3540</td><td>0(( ' ))
3541
3542</td></tr>
3543
3544<tr><td>Greater than 35(( ' )) up to 50(( ' ))
3545
3546</td><td>25(( ' ))(10(( ' )))
3547
3548</td><td>20(( ' ))(10(( ' )))
3549
3550</td><td>10(( ' ))(5(( ' )))
3551
3552</td><td>0(( ' ))
3553
3554</td></tr>
3555
3556<tr><td>Greater than 50(( ' ))
3557
3558</td><td>30(( ' ))(15(( ' )))
3559
3560</td><td>25(( ' ))(10(( ' )))
3561
3562</td><td>15(( ' ))(5(( ' )))
3563
3564</td><td>0(( ' ))
3565
3566</td></tr>
3567
3568</table> 3. New ((~~Public School Construction on Existing Public School Sites~~))  public school construction on existing public school sites .
3569
3570 a. New public school construction on existing public school sites across a street or alley from lots in residential zones shall provide either the setback of the previous structure on the site or minimum setbacks according to the ((~~I~~)) height of the school and the designation of the facing residential zone as shown in Table C for 23.51B.002, whichever is less:
3571
3572<table><tr><td>Table C for 23.51B.002: Minimum Setbacks for New Construction on an Existing Public School Site Located Across a Street or Alley from a (( r ))Residential (( z ))Zone
3573
3574</td></tr>
3575
3576<tr><td></td><td>Minimum Setbacks (( When )) If Across a Street or Alley from the Following Zones (in feet):
3577
3578</td></tr>
3579
3580<tr><td>Facade Height
3581
3582</td><td>SF/(( LDT/ ))LR1
3583
3584</td><td>LR2/LR3(( /L4 ))
3585
3586</td><td>MR
3587
3588</td><td>HR
3589
3590</td></tr>
3591
3592<tr><td></td><td>Average
3593
3594</td></tr>
3595
3596<tr><td>20(( ' )) or less
3597
3598</td><td>10(( ' ))
3599
3600</td><td>5(( ' ))
3601
3602</td><td>5(( ' ))
3603
3604</td><td>0(( ' ))
3605
3606</td></tr>
3607
3608<tr><td>Greater than 20(( ' )) up to 35(( ' ))
3609
3610</td><td>10(( ' ))
3611
3612</td><td>5(( ' ))
3613
3614</td><td>5(( ' ))
3615
3616</td><td>0(( ' ))
3617
3618</td></tr>
3619
3620<tr><td>Greater than 35(( ' ))up to 50(( ' ))
3621
3622</td><td>15(( ' ))
3623
3624</td><td>10(( ' ))
3625
3626</td><td>5(( ' ))
3627
3628</td><td>0(( ' ))
3629
3630</td></tr>
3631
3632<tr><td>Greater than 50(( ' ))
3633
3634</td><td>20(( ' ))
3635
3636</td><td>15(( ' ))
3637
3638</td><td>10(( ' ))
3639
3640</td><td>0(( ' ))
3641
3642</td></tr>
3643
3644</table> b. New public school construction on existing public school sites abutting lots in residential zones shall provide either the setback of the previous structure on the site or minimum setbacks according to the ((~~I~~)) height of the school and the designation of the abutting residential zone, as shown in Table D for 23.51B.002, whichever is less:
3645
3646<table><tr><td>Table D for 23.51B.002: Minimum Setbacks for New Construction on an Existing Public School Site Abutting a (( r ))Residential Zone
3647
3648</td></tr>
3649
3650<tr><td></td><td>Minimum Setbacks Abutting the Following Zones (in feet):
3651
3652</td></tr>
3653
3654<tr><td>Facade Height
3655
3656</td><td>SF/(( LDT/ ))LR1
3657
3658</td><td>LR2/LR3(( /L4 ))
3659
3660</td><td>MR
3661
3662</td><td>HR
3663
3664</td></tr>
3665
3666<tr><td></td><td>Average (minimum)
3667
3668</td></tr>
3669
3670<tr><td>20(( ' )) or less
3671
3672</td><td>15(( ' )) (10(( ' )))
3673
3674</td><td>10'(5(( ' )))
3675
3676</td><td>10(( ' )) (5(( ' )))
3677
3678</td><td>0(( ' )) (0(( ' )))
3679
3680</td></tr>
3681
3682<tr><td>Greater than 20(( ' )) up to 35(( ' ))
3683
3684</td><td>20(( ' )) (10(( ' )))
3685
3686</td><td>15(( ' )) (10(( ' )))
3687
3688</td><td>10(( ' )) (5(( ' )))
3689
3690</td><td>0(( ' )) (0(( ' )))
3691
3692</td></tr>
3693
3694<tr><td>Greater than 35(( ' )) up to 50(( ' ))
3695
3696</td><td>25(( ' )) (10(( ' )))
3697
3698</td><td>20(( ' ))(10(( ' )))
3699
3700</td><td>10(( ' )) (5(( ' )))
3701
3702</td><td>0(( ' )) (0(( ' )))
3703
3704</td></tr>
3705
3706<tr><td>Greater than 50(( ' ))
3707
3708</td><td>30(( ' )) (15(( ' )))
3709
3710</td><td>25(( ' ))(10(( ' )))
3711
3712</td><td>15(( ' )) (5(( ' )))
3713
3714</td><td>0(( ' )) (0(( ' )))
3715
3716</td></tr>
3717
3718</table> 4. Additions to Existing Public School Structures on Existing Public School Sites.
3719
3720 a. Additions to existing public school structures on existing public school sites across a street or alley from lots in residential zones shall provide either the setback of the previous structure on the site or minimum setbacks according to the ((~~I~~)) height of the school and the designation of the facing residential zone as shown in Table E for 23.51B.002, whichever is less:
3721
3722<table><tr><td>Table E for 23.51B.002: Minimum Setbacks for Additions on an Existing Public School Site Located Across a Street or Alley
3723
3724</td></tr>
3725
3726<tr><td></td><td>Minimum Setbacks (in feet) (( When )) If Located Across a Street or Alley from:
3727
3728</td></tr>
3729
3730<tr><td>Facade Height
3731
3732</td><td>SF/(( LDT/ ))LR1
3733
3734</td><td>LR2/LR3(( /L4 ))
3735
3736</td><td>MR
3737
3738</td><td>HR
3739
3740</td></tr>
3741
3742<tr><td></td><td>Average
3743
3744</td></tr>
3745
3746<tr><td>20(( ' )) or less
3747
3748</td><td>5(( ' ))
3749
3750</td><td>5(( ' ))
3751
3752</td><td>5(( ' ))
3753
3754</td><td>0(( ' ))
3755
3756</td></tr>
3757
3758<tr><td>Greater than 20(( ' ))up to 35(( ' ))
3759
3760</td><td>10(( ' ))
3761
3762</td><td>5(( ' ))
3763
3764</td><td>5(( ' ))
3765
3766</td><td>0(( ' ))
3767
3768</td></tr>
3769
3770<tr><td>Greater than 35(( ' )) up to 50(( ' ))
3771
3772</td><td>15(( ' ))
3773
3774</td><td>10(( ' ))
3775
3776</td><td>5(( ' ))
3777
3778</td><td>0(( ' ))
3779
3780</td></tr>
3781
3782<tr><td>Greater than 50(( ' ))
3783
3784</td><td>20(( ' ))
3785
3786</td><td>15(( ' ))
3787
3788</td><td>10(( ' ))
3789
3790</td><td>0(( ' ))
3791
3792</td></tr>
3793
3794</table> b. Additions to public schools on existing public school sites abutting lots in residential zones shall provide either the setback of the previous structure on the site or minimum setbacks according to the height of the school and the designation of the abutting residential zone as shown in Table F for 23.51B.002, whichever is less:
3795
3796<table><tr><td>Table F for 23.51B.002: Minimum Setbacks for Additions on an Existing Public School Site Abutting a Residential Zone
3797
3798</td></tr>
3799
3800<tr><td></td><td>Minimum Setbacks by Abutting Zone (in feet):
3801
3802</td></tr>
3803
3804<tr><td>Facade Height
3805
3806</td><td>SF/(( LDT/ ))LR1
3807
3808</td><td>LR2/LR3(( /L4 ))
3809
3810</td><td>MR
3811
3812</td><td>HR
3813
3814</td></tr>
3815
3816<tr><td></td><td>Average (minimum)
3817
3818</td></tr>
3819
3820<tr><td>20(( ' )) or less
3821
3822</td><td>10(( ' ))(5(( ' )))
3823
3824</td><td>10(( ' ))(5(( ' )))
3825
3826</td><td>10(( ' ))(5(( ' )))
3827
3828</td><td>0(( ' ))(0(( ' )))
3829
3830</td></tr>
3831
3832<tr><td>Greater than 20(( ' )) up to 35(( ' ))
3833
3834</td><td>15(( ' ))(5(( ' )))
3835
3836</td><td>10(( ' ))(5(( ' )))
3837
3838</td><td>10(( ' ))(5(( ' )))
3839
3840</td><td>0(( ' ))(0(( ' )))
3841
3842</td></tr>
3843
3844<tr><td>Greater than 35(( ' )) up to 50(( ' ))
3845
3846</td><td>20(( ' ))(10(( ' )))
3847
3848</td><td>20(( ' ))(10(( ' )))
3849
3850</td><td>10(( ' ))(5(( ' )))
3851
3852</td><td>0(( ' ))(0(( ' )))
3853
3854</td></tr>
3855
3856<tr><td>Greater than 50(( ' ))
3857
3858</td><td>25(( ' ))(10(( ' )))
3859
3860</td><td>25(( ' ))(10(( ' )))
3861
3862</td><td>15(( ' ))(5(( ' )))
3863
3864</td><td>0(( ' ))(0(( ' )))
3865
3866</td></tr>
3867
3868</table> 5. Departures from setback requirements may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 as follows:
3869
3870 a. The minimum average setback may be reduced to 10 feet and the minimum setback to 5 feet for structures or portions of structures across a street or alley from lots in residential zones.
3871
3872 b. The minimum average setback may be reduced to 15 feet and the minimum setback to 5 feet for structures or portions of structures abutting lots in residential zones.
3873
3874 c. The limits in subsections E.5.a and E.5.b of this Section 23.51B.002 may be waived by the Director ((~~as a Type I decision when~~))  if  a waiver would contribute to reduced demolition of residential structures.
3875
3876 * * *
3877
3878 Section 59. Subsection D of Section 23.53.006 of the Seattle Municipal Code, which section was last amended by Ordinance 123104, is amended as follows:
3879
3880 23.53.006 Pedestrian access and circulation
3881
3882 * * *
3883
3884 D. Outside Urban Centers and Urban Villages. Outside of Urban Centers and Urban Villages, sidewalks are required on an existing street in any of the following circumstances, except as provided in subsection 23.53.006.F:
3885
3886 1. In any zone with a pedestrian designation, sidewalks are required whenever new lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, and whenever development is proposed.
3887
3888 2. On streets designated on the Industrial Streets Landscaping Maps, Exhibits 23.50.016.A and 23.50.016.B, sidewalks are required whenever new lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, and whenever development is proposed. Sidewalks are required only for the portion of the lot that abuts the designated street.
3889
3890 3. On arterials, except in IG1 and IG2 zones and on lots in IB zones that are not directly across the street from or abutting a lot in a residential or commercial zone, sidewalks are required whenever new lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, and whenever development is proposed. Sidewalks are required only for the portion of the lot that abuts the arterial.
3891
3892 4. In SF((~~ , LDT and L1~~)) and LR1  zones, sidewalks are required when ever  ten or more lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, ((~~and when~~))  or whenever  ten or more dwelling units are developed.
3893
3894 5. Outside of SF((~~ , LDT and L1~~)) and LR1 zones, except in IG1 and IG2 zones and on lots in IB zones that are not directly across the street from or abutting lot in a residential or commercial zone, sidewalks are required when ever  six or more lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, ((~~and~~))  or  when ever  six or more dwelling units are developed.
3895
3896 6. In all zones, except IG1 and IG2 zones and on lots in IB zones that are not directly across the street from or abutting lot in a residential or commercial zone, sidewalks are required when ever  the following nonresidential uses are developed:
3897
3898 a. 750 square feet or more of gross floor area of major and minor vehicle repair uses and multipurpose retail sales; ((~~and~~))  or
3899
3900 b. 4,000 square feet or more of nonresidential uses not listed in subsection 23.53.006.D.6.a.
3901
3902 * * *
3903
3904 Section 60. Subsection B of Section 23.53.010 of the Seattle Municipal Code, which section was last amended by Ordinance 122205, is amended as follows:
3905
3906 23.53.010 Improvement requirements for new streets in all zones((~~ .~~))
3907
3908 * * *
3909
3910 B. Required ((~~R~~)) r ight-of-way ((~~W~~)) w idths for ((~~N~~)) n ew ((~~S~~)) s treets.
3911
3912 1. Arterial and ((~~D~~)) d owntown ((~~S~~)) s treets. New streets located in downtown zones, and new arterials, shall be designed according to the Right-of-Way Improvements Manual.
3913
3914 2. Nonarterials ((~~N~~)) n ot in ((~~D~~)) d owntown ((~~Z~~)) z ones.
3915
3916 a. The required right-of-way widths for new nonarterial streets not located in downtown zones shall be as shown on Table A for Section 23.53.010:
3917
3918<table><tr><td>Table Afor Section 23.53.010
3919
3920</td></tr>
3921
3922<tr><td>Zone Category
3923
3924</td><td>Required Right-of-Way Width
3925
3926</td></tr>
3927
3928<tr><td>1. SF, (( LDT, L1 ))LR1, NC1
3929
3930</td><td>50(( ' )) feet
3931
3932</td></tr>
3933
3934<tr><td>2. LR2, LR3, (( L4, )) NC2
3935
3936</td><td>56(( ' )) feet
3937
3938</td></tr>
3939
3940<tr><td>3. MR, HR, NC3, C1, C2, SCM, IB, IC
3941
3942</td><td>60(( ' )) feet
3943
3944</td></tr>
3945
3946<tr><td>4. IG1, IG2
3947
3948</td><td>66(( ' )) feet
3949
3950</td></tr>
3951
3952</table> b. ((~~When~~))  If  a block is split into more than one ((~~ (1)~~)) zone,  the required right-of-way width is determined based on the requirement in Table A for Section 23.53.010 for the zone category with the most frontage ((~~shall determine the right-of-way width on the table~~)). If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum right-of-way width.
3953
3954 3. Exceptions to ((~~R~~)) r equired ((~~R~~)) r ight-of-way ((~~W~~)) w idths. The Director, after consulting with the Director of Transportation, may reduce the required right-of-way width for a new street ((~~when~~))  if its  ((~~located~~))  location in an environmentally critical area or buffer, disruption of existing drainage patterns, or  the presence ((~~removal~~)) of natural features such as significant trees makes the required right-of-way width impractical or undesirable.
3955
3956 Section 61. Subsections A and D of Section 23.53.015, which section was last amended by Ordinance 123046, are amended as follows:
3957
3958 23.53.015 Improvement requirements for existing streets in residential and commercial zones
3959
3960 A. General ((~~R~~)) r equirements.
3961
3962 1. If new lots are proposed to be created, or if any type of development is proposed in residential or commercial zones, existing streets abutting the lot(s) are required to be improved in accordance with this Section 23.53.015 and Section 23.53.006, Pedestrian access and circulation.  A setback from the lot line, or dedication of right-of-way, may be required to accommodate the improvements.  One or more of the following types of improvements may be required under this Section 23.53.015:
3963
3964 a. Pavement;
3965
3966 b. Curb installation;
3967
3968 c. Drainage;
3969
3970 d. Grading to future right-of-way grade;
3971
3972 e. Design of structures to accommodate future right-of-way grade;
3973
3974 f. No-protest agreements; and
3975
3976 g. Planting of street trees and other landscaping.
3977
3978 ((~~A setback from the property line, or dedication of right-of-way, may be required to accommodate the improvements.~~))
3979
3980 2. Subsection 23.53.015.D ((~~of this section~~)) contains exceptions from the standard requirements for street improvements, including exceptions for streets that already have curbs, projects that are smaller than a certain size, and for special circumstances, such as location in an environmentally critical area or buffer.
3981
3982 3. Off-site improvements, such as provision of drainage systems or fire access roads, shall be required pursuant to the authority of this Code or other ordinances to mitigate the impacts of development.
3983
3984 4. Detailed requirements for street improvements are located in the Right-of-Way Improvements Manual.
3985
3986 5. The regulations in this ((~~section~~))  Section 23.53.015 are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.
3987
3988 6. Minimum ((~~R~~)) r ight-of-((~~W~~)) w ay ((~~W~~)) w idths.
3989
3990 a. Arterials. The minimum right-of-way widths for arterials designated on the Arterial street map, Section 11.18.010, are as specified in the Right-of-Way Improvements Manual.
3991
3992 b. Nonarterial streets.
3993
3994 1) The minimum right-of-way width for an existing street that is not an arterial designated on the Arterial street map, Section 11.18.010, is as shown on Table A for 23.53.015.
3995
3996<table><tr><td>Table A for 23.53.015:Minimum Right-of-Way Widths for Existing Nonarterial Streets
3997
3998</td></tr>
3999
4000<tr><td>Zone Category
4001
4002</td><td>Required Right-of-Way Width
4003
4004</td></tr>
4005
4006<tr><td>1.
4007
4008</td><td>SF, (( LDT, )) LR1, LR2 and NC1 zones; and NC2 zones with a maximum height limit of 40(( ' )) feet or less
4009
4010</td><td>40 feet
4011
4012</td></tr>
4013
4014<tr><td>2.
4015
4016</td><td>LR3, (( L4, ))MR, HR, NC2 zones with height limits of more than 40(( ' )) feet, NC3, C1, C2 and S(( C ))M zones
4017
4018</td><td>52 feet
4019
4020</td></tr>
4021
4022</table> 2) If a block is split into more than one zone, the  required right-of-way width shall be determined based on the requirements in Table A for 23.53.015 for the zone category with the most frontage  ((~~zone category with the most frontage shall determine the minimum width on Table A~~)). If the zone categories have equal frontage, the ((~~one with the wider requirement shall be used to determine the~~)) minimum right-of-way width  is 52 feet .
4023
4024 * * *
4025
4026 D. Exceptions.
4027
4028 1. Streets ((~~W~~)) w ith ((~~E~~)) e xisting ((~~C~~)) c urbs((~~ .~~))
4029
4030 a. Streets ((~~W~~)) w ith ((~~R~~)) r ight-of-((~~W~~)) w ay ((~~G~~)) g reater ((~~T~~)) t han or ((~~E~~)) e qual to the ((~~M~~)) m inimum ((~~R~~)) r ight-of-((~~W~~)) w ay ((~~W~~)) w idth. If a street with existing curbs abuts a lot and the existing right-of-way is greater than or equal to the minimum width established in subsection 23.53.015.A.6, but the roadway width is less than the minimum established in the Right-of-Way Improvements Manual, the following requirements shall be met:
4031
4032 1) All structures on the lot shall be designed and built to accommodate the grade of the future street improvements.
4033
4034 2) A no-protest agreement to future street improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County ((~~Department of Records and Elections~~))  Recorder .
4035
4036 3) Pedestrian access and circulation is required as specified in 23.53.006.
4037
4038 b. Streets ((~~W~~)) w ith ((~~L~~)) l ess than the ((~~M~~)) m inimum ((~~R~~)) r ight-of-((~~W~~)) w ay ((~~W~~)) w idth. If a street with existing curbs abuts a lot and the existing right-of-way is less than the minimum width established in subsection 23.53.015.A.6, the following requirements shall be met:
4039
4040 1) Setback ((~~R~~)) r equirement. A setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection 23.53.015.A.6 ((~~of this section~~)) is required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. In all residential zones except Highrise zones, an additional 3 foot setback is also required. The area of the setback may be used to meet any development standard, except that required parking may not be located in the setback. Underground structures that would not prevent the future widening and improvement of the right-of- way may be permitted in the required setback by the Director((~~ , as a Type I decision~~)), after consulting with the Director of Transportation.
4041
4042 2) Grading ((~~R~~)) r equirement. If a setback is required, all structures on the lot shall be designed and built to accommodate the grade of the future street, as specified in the Right-of-Way Improvements Manual.
4043
4044 3) No-protest ((~~A~~)) a greement ((~~R~~)) r equirement. A no-protest agreement to future street improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County ((~~Department of Records and Elections~~))  Recorder .
4045
4046 4) Pedestrian access and circulation is required as specified in  Section 23.53.006.
4047
4048 2. Projects ((~~W~~)) w ith ((~~R~~)) r educed ((~~I~~)) i mprovement ((~~R~~)) r equirements.
4049
4050 a. One or ((~~T~~)) t wo ((~~D~~)) d welling ((~~U~~)) u nits. If no more than two new dwelling units are proposed to be constructed, or no more than two new ((~~Single Family~~))  single-family  zoned lots are proposed to be created, the following requirements shall be met:
4051
4052 1) If there is no existing hard-surfaced roadway, a crushed-rock roadway at least 16 feet in width is required, as specified in the Right-of-Way Improvements Manual.
4053
4054 2) All structures on the lot(s) shall be designed and built to accommodate the grade of the future street improvements.
4055
4056 3) A no-protest agreement to future street improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County ((~~Department of Records and Elections~~))  Recorder .
4057
4058 4) Pedestrian access and circulation is required as specified in by Section 23.53.006.
4059
4060 b. Other ((~~P~~)) p rojects With ((~~R~~)) r educed ((~~R~~)) r equirements. The types of projects listed in this subsection 23.53.015.D.2.b are exempt from right-of-way dedication requirements and are subject to the street improvement requirements of this subsection:
4061
4062 1) Types of ((~~P~~)) p rojects.
4063
4064 i. Proposed developments that contain more than two but fewer than ten units in SF, RSL, ((~~LDT~~)) and L R 1 zones, or fewer than six residential units in all other zones, or proposed short plats in which no more than two additional lots are proposed to be created;
4065
4066 ii. The following uses if they are smaller than 750 square feet of gross floor area: major and minor vehicle repair uses, and multipurpose retail sales;
4067
4068 iii. Nonresidential structures that have less than 4,000 square feet of gross floor area and that do not contain uses listed in subsection 23.53.015.D.2.b.1 ) .ii that are larger than 750 square feet;
4069
4070 iv. Structures containing a mix of residential uses and either nonresidential uses or live-work units, if there are fewer than ten units in SF, RSL, ((~~LDT~~)) and L R 1 zones, or fewer than six residential units in all other zones, and the square footage of nonresidential use is less than specified in subsections 23.53.015.D.2.b.1 ) .ii and D.2.b.1 ) .iii;
4071
4072 v. Remodeling and use changes within existing structures;
4073
4074 vi. Additions to existing structures that are exempt from environmental review; and
4075
4076 vii. Expansions of surface parking, outdoor storage, outdoor sales or outdoor display of rental equipment of less than 20 percent of the parking, storage, sales or display area or number of parking spaces.
4077
4078 2) Paving ((~~R~~)) r equirement. For the types of projects listed in subsection 23.53.015.D.2.b.1 ) , the streets abutting the lot shall have a hard-surfaced roadway at least 18 feet wide. If there is not an 18 foot wide hard- surfaced roadway, the roadway shall be paved to a width of at least 20 feet from the lot to the nearest hard-surfaced street meeting this requirement, or 100 feet, whichever is less. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround as specified in the Right-of-Way Improvements Manual. ((~~The~~))  As a Type 1 decision,  the  Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.
4079
4080 3) Other ((~~R~~)) r equirements. The requirements of subsection 23.53.015.D.1.b shall also be met.
4081
4082 3. Exceptions from ((~~R~~)) r equired ((~~S~~)) s treet ((~~I~~)) i mprovements. ((~~The~~))  As a Type 1 decision,  the  Director, in consultation with the Director of Transportation, may waive or modify the requirements for paving and drainage, dedication, setbacks, grading, no-protest agreements, landscaping, and curb installation if one or more of the following conditions are met. The waiver or modification shall provide the minimum relief necessary to accommodate site conditions while maximizing access and circulation.
4083
4084 a. Location in an environmentally critical area or buffer, disruption of existing drainage patterns, or removal of natural features such as significant trees or other valuable and character-defining mature vegetation makes widening and/or improving the right-of-way impractical or undesirable.
4085
4086 b. The existence of a bridge, viaduct or structure such as a substantial retaining wall in proximity to the project site makes widening and/or improving the right-of- way impractical or undesirable.
4087
4088 c. Widening the right-of-way and/or improving the street would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for green street s , boulevards, or other special rights-of-way, or would otherwise conflict with the stated goals of such a plan.
4089
4090 d. Widening and/or improving the right-of-way would preclude vehicular access to an existing lot.
4091
4092 e. Widening and/or improving the right-of-way would make building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met.
4093
4094 f. One or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right- of-way and the structure(s)' condition and size make future widening of the remainder of the right-of-way unlikely.
4095
4096 g. Widening and/or improving the right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot, for example due to an inability to meet the required 20 percent maximum driveway slope.
4097
4098 h. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the street is at zoned capacity.
4099
4100 Section 62. Subsection A of Section 23.53.025 of the Seattle Municipal Code, which section was last amended by Ordinance 122205, is amended as follows:
4101
4102 23.53.025 Access easement standards((~~ .~~))
4103
4104 When access by easement has been approved by the Director, the easement shall meet the following standards. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Right-of-Way Improvements Manual.
4105
4106 A. Vehicle ((~~A~~)) a ccess ((~~E~~)) e asements ((~~S~~)) s erving ((~~O~~)) o ne ((~~ (1)~~)) or ((~~T~~)) t wo ((~~ (2)~~)) ((~~S~~)) s ingle-((~~F~~)) f amily ((~~D~~)) d welling ((~~U~~)) u nits or ((~~One (1) Duplex~~))  one multifamily residential use with a maximum of two units ((~~ .~~))  shall meet the following standards:
4107
4108 1. Easement width shall be a minimum of ((~~ten (~~))10((~~ )~~)) feet, or ((~~twelve (~~))12((~~ )~~)) feet if required by the Fire Chief due to distance of the structure from the easement.
4109
4110 2. No maximum easement length shall be set. If easement length is more than ((~~one hundred fifty (~~))150((~~ )~~)) feet, a vehicle turnaround shall be provided.
4111
4112 3. Curbcut width from the easement to the street shall be the minimum necessary for safety and access.
4113
4114 * * *
4115
4116 Section 63. Subsections A, B, C, and D of Section 23.53.030 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, are amended as follows:
4117
4118 23.53.030 Alley improvements in all zones
4119
4120 A. General ((~~R~~)) r equirements.
4121
4122 1. The regulations in this ((~~section~~))  Section 23.53.030 are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.
4123
4124 2. Subsection  23.53.030. G ((~~of this section~~)) contains exceptions from the standards requirements for alley improvements, including exceptions for projects ((~~which~~))  that  are smaller than a certain size and for special circumstances, such as location in an environmentally critical area.
4125
4126 3. Detailed requirements for alley improvements are located in the Right-of-Way Improvements Manual, which is adopted by joint rule of the Director and the Director of Transportation.
4127
4128 B. New Alleys.
4129
4130 1. New alleys created through the platting process shall meet the requirements of Subtitle III of this title, Platting Requirements.
4131
4132 2. The required right-of-way widths for new alleys shall be as shown on Table A for Section 23.53.030.
4133
4134<table><tr><td>Table A for Section 23.53.030:
4135   
4136 Width of New Alley Rights-of-Way
4137
4138</td></tr>
4139
4140<tr><td>Zone Category
4141
4142</td><td>Right-of-Way Width
4143
4144</td></tr>
4145
4146<tr><td>1. SF, (( LDT, L1 ))LR1, NC1
4147
4148</td><td>12(( ' )) feet
4149
4150</td></tr>
4151
4152<tr><td>2. LR2, (( L3, L4 ))LR3, NC2
4153
4154</td><td>16(( ' )) feet
4155
4156</td></tr>
4157
4158<tr><td>3. MR, HR, NC3, C1, C2, SM and all Industrial and Downtown zones
4159
4160</td><td>20(( ' )) feet
4161
4162</td></tr>
4163
4164</table> 3. ((~~When~~))  If  an alley abuts lots in more than one ((~~ (1)~~)) zone category,  the minimum alley width shall be determined based on the requirements in Table A for Section 23.53.030 for the zone category with the most frontage  excluding Zone Category 1 ((~~the zone category with the most frontage on that block, excluding Zone Category 1, along both sides of the alley determines the minimum width on the table~~)). If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum alley width.
4165
4166 C. Definition of ((~~I~~)) i mproved ((~~A~~)) a lley. In certain zones, alley access is required ((~~when~~))  if the alley is improved. For the purpose of determining ((~~when~~))  if  access is required, the alley will be considered improved ((~~when~~))  if  it meets the standards of this subsection  23.53.030.C .
4167
4168 1. Right-of-((~~W~~)) w ay ((~~W~~)) w idth((~~ .~~))
4169
4170 a. The  minimum width ((~~of a right-of-way which is~~))  for an alley to be considered to be improved shall be as shown on Table B for Section 23.53.030.
4171
4172<table><tr><td>Table B for Section 23.53.030:
4173
4174Right-of-Way Width for Alleys Considered to be Improved
4175
4176</td></tr>
4177
4178<tr><td>Zone Category
4179
4180</td><td>Right-of-Way Width
4181
4182</td></tr>
4183
4184<tr><td>1. SF, (( LDT, L1 ))LR1, LR2, LR3, NC1
4185
4186</td><td>10(( ' )) feet
4187
4188</td></tr>
4189
4190<tr><td>2. (( L4, ))MR, HR, NC2
4191
4192</td><td>12(( ' )) feet
4193
4194</td></tr>
4195
4196<tr><td>3. NC3, C1, C2 and SM
4197
4198</td><td>16(( ' )) feet
4199
4200</td></tr>
4201
4202</table> b.  If an alley abuts lots in more than one ((~~ (1)~~)) zone category,  the minimum alley width shall be determined based on the requirements in Table B for the zone category with the most frontage excluding Zone Category 1  ((~~the zone category with the most frontage on that block along both sides of the alley, excluding Zone Category 1, determines the minimum width on ((the table~~)). If ((~~the~~)) ((~~z~~)) Z one ((~~c~~)) C ategories  2 and 3 have equal frontage, ((~~the one with the wider requirement shall be used to determine~~)) the minimum alley width  shall be 16 feet .
4203
4204 2. Paving. To be considered improved, the alley shall be paved.
4205
4206 D. Minimum ((~~W~~)) w idths ((~~E~~)) e stablished.
4207
4208 1. The minimum required width for an existing alley right-of-way shall be as shown on Table C for Section 23.53.030.
4209
4210<table><tr><td>Table C for Section 23.53.030: Required Minimum Right-of-Way Widths for Existing Alleys
4211
4212</td></tr>
4213
4214<tr><td>Zone Category
4215
4216</td><td>Right-of-Way Width
4217
4218</td></tr>
4219
4220<tr><td>1. SF and (( LDT ))LR1
4221
4222</td><td>No minimum width
4223
4224</td></tr>
4225
4226<tr><td>2. (( L1, )) LR2, NC1
4227
4228</td><td>12(( ' )) feet
4229
4230</td></tr>
4231
4232<tr><td>3. (( L3, L4 ))LR3, MR, HR, NC2
4233
4234</td><td>16 (( ' )) feet
4235
4236</td></tr>
4237
4238<tr><td>4. NC3, C1, C2, SM, all downtown zones
4239
4240</td><td>20(( ' )) feet
4241
4242</td></tr>
4243
4244<tr><td>5. All industrial zones
4245
4246</td><td>20(( ' )) feet
4247
4248</td></tr>
4249
4250</table> 2. ((~~When~~))  If  an alley abuts lots in more than one ((~~ (1)~~)) zone category,  the minimum alley width shall be determined based on the requirements in Table C for Section 23.53.030 for the zone category with the most frontage excluding Zone Category 1  ((~~the zone category with the most frontage on that block along both sides of the alley, excluding Zone Category 1, determines the minimum width on ((the table~~)). If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum alley width.
4251
4252 * * *
4253
4254 Section 64. Tables A, B, and C for Section 23.54.015 of the Seattle Municipal Code, which section was last amended by Ordinance 123378, are amended as follows:
4255
4256 23.54.015 Parking
4257
4258 * * *
4259
4260<table><tr><td>Table A for Section 23.54.015
4261
4262PARKING FOR NONRESIDENTIAL USES OTHER THAN INSTITUTIONS
4263
4264</td><td>
4265
4266</td></tr>
4267
4268<tr><td>Use
4269
4270</td><td>Minimum parking required
4271
4272</td><td>
4273
4274</td></tr>
4275
4276<tr><td>I. General Nonresidential Uses (other than institutions)
4277
4278</td><td>
4279
4280</td></tr>
4281
4282<tr><td>A.
4283
4284</td><td>AGRICULTURAL USES
4285
4286</td><td>1 space for each 2,000 square feet
4287
4288</td><td>
4289
4290</td></tr>
4291
4292<tr><td>B.
4293
4294</td><td>COMMERCIAL USES
4295
4296</td><td></td><td>
4297
4298</td></tr>
4299
4300<tr><td></td><td>B.1.
4301
4302</td><td>Animal shelters and kennels
4303
4304</td><td>1 space for each 2,000 square feet
4305
4306</td><td>
4307
4308</td></tr>
4309
4310<tr><td></td><td>B.2.
4311
4312</td><td>Eating and drinking establishments
4313
4314</td><td>1 space for each 250 square feet
4315
4316</td><td>
4317
4318</td></tr>
4319
4320<tr><td></td><td>B.3.
4321
4322</td><td>Entertainment Uses, general, except as noted below (1)
4323
4324</td><td>For public assembly areas: 1 space for each 8 fixed seats, or
4325   
4326 1 space for each 100 square feet of public assembly area not containing fixed seats
4327
4328</td><td>
4329
4330</td></tr>
4331
4332<tr><td></td><td></td><td>B.3.a
4333
4334</td><td>Adult cabarets
4335
4336</td><td>1 space for each 250 square feet
4337
4338</td><td>
4339
4340</td></tr>
4341
4342<tr><td></td><td></td><td>B.3.b
4343
4344</td><td>Sports and recreation uses
4345
4346</td><td>1 space for each 500 square feet
4347
4348</td><td>
4349
4350</td></tr>
4351
4352<tr><td></td><td>B.4.
4353
4354</td><td>Food processing and craft work
4355
4356</td><td>1 space for each 2,000 square feet
4357
4358</td><td>
4359
4360</td></tr>
4361
4362<tr><td></td><td>B.5.
4363
4364</td><td>Laboratories, research and development
4365
4366</td><td>1 space for each 1,500 square feet
4367
4368</td><td>
4369
4370</td></tr>
4371
4372<tr><td></td><td>B.6.
4373
4374</td><td>Lodging uses
4375
4376</td><td>1 space for each 4 rooms;
4377   
4378 For bed and breakfast facilities in single family and multifamily zones, 1 space for each dwelling unit, plus 1 space for each 2 guest rooms
4379
4380</td><td>
4381
4382</td></tr>
4383
4384<tr><td></td><td>B.7.
4385
4386</td><td>Medical services
4387
4388</td><td>1 space for each 500 square feet
4389
4390</td><td>
4391
4392</td></tr>
4393
4394<tr><td></td><td>B.8.
4395
4396</td><td>Offices
4397
4398</td><td>1 space for each 1,000 square feet
4399
4400</td><td>
4401
4402</td></tr>
4403
4404<tr><td></td><td>B.9.
4405
4406</td><td>Sales and services, automotive
4407
4408</td><td>1 space for each 2,000 square feet
4409
4410</td><td>
4411
4412</td></tr>
4413
4414<tr><td></td><td>B.10.
4415
4416</td><td>Sales and services, general, except as noted below
4417
4418</td><td>1 space for each 500 square feet
4419
4420</td><td>
4421
4422</td></tr>
4423
4424<tr><td></td><td></td><td>B.10.a.
4425
4426</td><td>Pet Daycare Centers (2)
4427
4428</td><td>1 space for each 10 animals or 1 space for each staff member, which(( ))ever is greater; plus 1 loading and unloading space for each 20 animals.
4429
4430</td><td>
4431
4432</td></tr>
4433
4434<tr><td></td><td>B.11.
4435
4436</td><td>Sales and services, heavy
4437
4438</td><td>1 space for each 2,000 square feet
4439
4440</td><td>
4441
4442</td></tr>
4443
4444<tr><td></td><td>B.12.
4445
4446</td><td>Sales and services, marine
4447
4448</td><td>1 space for each 2,000 square feet
4449
4450</td><td>
4451
4452</td></tr>
4453
4454<tr><td>C.
4455
4456</td><td>HIGH IMPACT USES
4457
4458</td><td>1 space for each 2,000 square feet
4459
4460</td><td>
4461
4462</td></tr>
4463
4464<tr><td>D.
4465
4466</td><td>LIVE-WORK UNITS
4467
4468</td><td>0 spaces for units with 1,500 square feet or less;
4469   
4470 1 space for each unit greater than 1,500 square feet;
4471   
4472 1 space for each unit greater than 2,500 square feet, plus the parking that would be required for any nonresidential activity classified as a principal use
4473
4474</td><td>
4475
4476</td></tr>
4477
4478<tr><td>E.
4479
4480</td><td>MANUFACTURING USES
4481
4482</td><td>1 space for each 2,000 square feet
4483
4484</td><td>
4485
4486</td></tr>
4487
4488<tr><td>F.
4489
4490</td><td>STORAGE USES
4491
4492</td><td>1 space for each 2,000 square feet
4493
4494</td><td>
4495
4496</td></tr>
4497
4498<tr><td>G.
4499
4500</td><td>TRANSPORTATION FACILITIES
4501
4502</td><td></td><td>
4503
4504</td></tr>
4505
4506<tr><td></td><td>G.1.
4507
4508</td><td>Cargo terminals
4509
4510</td><td>1 space for each 2,000 square feet
4511
4512</td><td>
4513
4514</td></tr>
4515
4516<tr><td></td><td>G.2.
4517
4518</td><td>Parking and moorage
4519
4520</td><td></td><td>
4521
4522</td></tr>
4523
4524<tr><td></td><td></td><td>G.2.a.
4525
4526</td><td>Principal use parking
4527
4528</td><td>None
4529
4530</td><td>
4531
4532</td></tr>
4533
4534<tr><td></td><td></td><td>G.2.b.
4535
4536</td><td>Towing services
4537
4538</td><td>None
4539
4540</td><td>
4541
4542</td></tr>
4543
4544<tr><td></td><td></td><td>G.2.c.
4545
4546</td><td>Boat moorage
4547
4548</td><td>1 space for each 2 berths
4549
4550</td><td>
4551
4552</td></tr>
4553
4554<tr><td></td><td></td><td>G.2.d.
4555
4556</td><td>Dry storage of boats
4557
4558</td><td>1 space for each 2,000 square feet
4559
4560</td><td>
4561
4562</td></tr>
4563
4564<tr><td></td><td>G.3.
4565
4566</td><td>Passenger terminals
4567
4568</td><td>1 space for each 100 square feet of waiting area
4569
4570</td><td>
4571
4572</td></tr>
4573
4574<tr><td></td><td>G.4.
4575
4576</td><td>Rail transit facilities
4577
4578</td><td>None
4579
4580</td><td>
4581
4582</td></tr>
4583
4584<tr><td></td><td>G.5.
4585
4586</td><td>Transportation facilities, air
4587
4588</td><td>1 space for each 100 square feet of waiting area
4589
4590</td><td>
4591
4592</td></tr>
4593
4594<tr><td></td><td>G.6.
4595
4596</td><td>Vehicle storage and maintenance uses
4597
4598</td><td>1 space for each 2,000 square feet
4599
4600</td><td>
4601
4602</td></tr>
4603
4604<tr><td>H.
4605
4606</td><td>UTILITIES
4607
4608</td><td>1 space for each 2,000 square feet
4609
4610</td><td>
4611
4612</td></tr>
4613
4614<tr><td>II. Nonresidential Use Requirements with Locational Criteria
4615
4616</td><td>
4617
4618</td></tr>
4619
4620<tr><td>I.
4621
4622</td><td>Nonresidential uses (other than institutions) in urban centers or the Station Area Overlay District (3)
4623
4624</td><td>No minimum requirement
4625
4626</td><td>
4627
4628</td></tr>
4629
4630<tr><td>J.
4631
4632</td><td>Nonresidential uses (other than institutions) permitted in on the ground floor in MR and HR zones pursuant to Section 23.45.504.
4633
4634</td><td>No minimum requirement
4635
4636</td><td>
4637
4638</td></tr>
4639
4640<tr><td>Footnotes for Table A for Section 23.54.015
4641
4642(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 hours before an event is scheduled to begin and ending one 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 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 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 space for each ten fixed seats of certified projected attendance. An application for reduction and the certification shall be submitted to the Director at least 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 15 days prior to the first event in the series. If the Director finds that a certification of projected attendance of 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 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.
4643
4644(2)The amount of required parking is calculated based on the maximum number of staff or animals the center is designed to accommodate.
4645
4646(3) The general requirements of lines A through H of Table A for Section 23.54.015 is superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement (which may include no requirement) under any other provision. To the extent that a nonresidential use fits within more than one line in Table A for Section 23.54.015, the least of the applicable parking requirements applies. The different parking requirements listed for certain categories of nonresidential uses shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this Title 23.
4647
4648</td><td>
4649
4650</td></tr><tr><td>Table B for (( Section ))23.54.015: PARKING FOR RESIDENTIAL USES
4651
4652</td></tr>
4653
4654<tr><td>Use
4655
4656</td><td>Minimum parking required
4657
4658</td></tr>
4659
4660<tr><td>(( A ))I. General Residential Uses
4661
4662</td></tr>
4663
4664<tr><td>A. Adult family homes
4665
4666</td><td>1 space for each dwelling unit
4667
4668</td></tr>
4669
4670<tr><td>B. Artist's studio/dwellings
4671
4672</td><td>1 space for each dwelling unit
4673
4674</td></tr>
4675
4676<tr><td>C. Assisted living facilities
4677
4678</td><td>1 space for each 4 assisted living units; plus
4679
46801 space for each 2 staff members on-site at peak staffing time; plus
4681
46821 barrier-free passenger loading and unloading space
4683
4684</td></tr>
4685
4686<tr><td>D. Caretaker's (( Q ))quarters
4687
4688</td><td>1 space for each dwelling unit
4689
4690</td></tr>
4691
4692<tr><td>E. Congregate residences
4693
4694</td><td>1 space for each 4 residents
4695
4696</td></tr>
4697
4698<tr><td>F. Cottage housing developments
4699
4700</td><td>1 space for each dwelling unit
4701
4702</td></tr>
4703
4704<tr><td>(( F ))G. Floating homes
4705
4706</td><td>1 space for each dwelling unit
4707
4708</td></tr>
4709
4710<tr><td>(( G ))H. Mobile home parks
4711
4712</td><td>1 space for each mobile home lot as defined in Chapter 22.904
4713
4714</td></tr>
4715
4716<tr><td>(( H ))I. Multifamily residential uses, except as provided in Sections B or C of this Table B for (( Section )) 23.54.015. (1)
4717
4718</td><td>1 space per dwelling unit.
4719
4720</td></tr>
4721
4722<tr><td>(( I ))J. Nursing homes (2)
4723
4724</td><td>1 space for each 2 staff doctors; plus
4725
47261 additional space for each 3 employees; plus
4727
47281 space for each 6 beds
4729
4730</td></tr>
4731
4732<tr><td>(( J ))K. Single-family (( residences )) dwelling units
4733
4734</td><td>1 space for each dwelling unit
4735
4736</td></tr>
4737
4738<tr><td>(( B ))II. Residential Use Requirements with Location Criteria
4739
4740</td></tr>
4741
4742<tr><td>(( K ))L. Residential uses in commercial and multifamily zones within urban centers or within the Station Area Overlay District (1)
4743
4744</td><td>No minimum requirement
4745
4746</td></tr>
4747
4748<tr><td>M. Residential uses in commercial and multifamily zones within urban villages that are not within urban center or the Station Area Overlay District, if the residential use is located within 1,320 feet of a street with frequent transit service, measured as the walking distance from the nearest transit stop to the lot line of the lot containing the residential use. (1)
4749
4750</td><td>No minimum requirement
4751
4752</td></tr>
4753
4754<tr><td>(( L ))N. Multifamily residential uses within the University of Washington parking impact area shown on Map A for 23.54.015 (1)
4755
4756</td><td>1 space per dwelling unit for dwelling units with fewer than two bedrooms; plus
4757
47581.5 spaces per dwelling units with 2 or more bedrooms; plus
4759
4760.25 spaces per bedroom for dwelling units with 3 or more bedrooms
4761
4762</td></tr>
4763
4764<tr><td>(( M ))O. Multifamily dwelling units within the Alki area shown on Map B for Section 23.54.015 (1)
4765
4766</td><td>1.5 spaces for each dwelling unit
4767
4768</td></tr>
4769
4770<tr><td>(( C ))III. Multifamily Residential Use Requirements with Income Criteria (( or
4771
4772Location Criteria and Income Criteria ))
4773
4774</td></tr>
4775
4776<tr><td>P. Multifamily residential uses: for 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 income (3), for the life of the building (1)
4777
4778</td><td>0.33 space for each dwelling unit with 2 or fewer bedrooms, and 1 space for each dwelling unit with 3 or more bedrooms
4779
4780</td></tr>
4781
4782<tr><td>Q. Multifamily residential uses: for each 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 income (3), for the life of the building (1)
4783
4784</td><td>0.75 spaces for each dwelling unit with 2 or fewer bedrooms, and 1 space for each dwelling unit with 3 or more bedrooms
4785
4786</td></tr>
4787
4788<tr><td>(( O ))R. Low-income disabled multifamily residential uses (1) (3) (( not located in urban centers or within the Station Area Overlay District ))
4789
4790</td><td>1 space for each 4 dwelling units
4791
4792</td></tr>
4793
4794<tr><td>(( P ))S. Low-income elderly/low-income disabled multifamily residential uses (1) (4) (( not located in urban centers or within in the Station Area Overlay District ))
4795
4796</td><td>1 space for each 5 dwelling units
4797
4798</td></tr>
4799
4800<tr><td>City of Seattle Legislation
4801### City of Seattle Legislative Information Service
4802
4803Footnotes for Table B for Section 23.54.015:
4804
4805(1) The general requirement of line (( H )) I of Table B for Section 23.54.015 for multifamily residential uses is superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement (which may include no requirement) under any other provision. To the extent that a multifamily residential use fits within more than one line in Table B for Section 23.54.015, the least of the applicable parking requirements applies, except that if an applicable parking requirement in section B of Table B for Section 23.54.015 requires more parking than line (( H )) I, the parking requirement in line (( H )) I does not apply. The different parking requirements listed for certain categories of multifamily residential uses shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this Title 23.
4806
4807(2) For development within single-family zones the Director may waive some or all of the parking requirements according to Section 23.44.015 as a special or reasonable accommodation. In other zones, if the applicant can demonstrate that less parking is needed to provide a special or reasonable accommodation, the Director may (( , as a Type I decision, )) reduce the requirement. The Director shall specify the parking required and link the parking reduction to the features of the program that allow such reduction. The parking reductions shall be valid only under the conditions specified, and if the conditions change, the standard requirements shall be met.
4808
4809(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 residential use , if the applicant relies upon these reduced parking requirements, the applicant shall record in the King County (( Office of Records and Elections )) Recorder 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.
4810
4811</td></tr>
4812
4813</table>[ Map A for 23.54.015: University District Parking Impact Area](/~ordpics/117014_2354015mapa.gif)
4814
4815[Map B for 23.54.015: Alki Area Parking Overlay](/~ordpics/117014_2354015mapb.gif)
4816
4817<table><tr><td>Table C for Section 23.54.015
4818   
4819 PARKING FOR PUBLIC USES AND INSTITUTIONS
4820
4821</td></tr>
4822
4823<tr><td>Use
4824
4825</td><td>Minimum parking required
4826
4827</td></tr>
4828
4829<tr><td>I. General Public Uses and Institutions
4830
4831</td></tr>
4832
4833<tr><td>A.
4834
4835</td><td>Adult care centers (1), (2)
4836
4837</td><td>1 space for each 10 adults (clients) or 1 space for each staff member, whichever is greater; plus
4838   
4839 1 loading and unloading space for each 20 adults (clients)
4840
4841</td></tr>
4842
4843<tr><td>B.
4844
4845</td><td>Child care centers (1), (2), (3)
4846
4847</td><td>1 space for each 10 children or 1 space for each staff member, whichever is greater; plus
4848   
4849 1 loading and unloading space for each 20 children
4850
4851</td></tr>
4852
4853<tr><td>C.
4854
4855</td><td>Colleges
4856
4857</td><td>A number of spaces equal to 15 percent of the maximum number of students that the facility is designed to accommodate; plus
4858   
4859 30 percent of the number of employees the facility is designed to accommodate; plus
4860   
4861 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities
4862
4863</td></tr>
4864
4865<tr><td>D.
4866
4867</td><td>Community centers owned and operated by the Seattle Department of Parks and Recreation (DOPAR) (1), (4)
4868
4869</td><td>1 space for each 555 square feet; or
4870   
4871 For family support centers, 1 space for each 100 square feet
4872
4873</td></tr>
4874
4875<tr><td>E.
4876
4877</td><td>Community clubs, and community centers not owned and operated by DOPAR (1), (5)
4878
4879</td><td>1 space for each 80 square feet of floor area of all auditoria and public assembly rooms not containing fixed seats; plus
4880   
4881 1 space for every 8 fixed seats for floor area containing fixed seats; or
4882   
4883 if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts
4884
4885</td></tr>
4886
4887<tr><td>F.
4888
4889</td><td>Hospitals
4890
4891</td><td>1 space for each 2 staff doctors; plus
4892   
4893 1 additional space for each 5 employees other than staff doctors; plus
4894   
4895 1 space for each 6 beds
4896
4897</td></tr>
4898
4899<tr><td>G.
4900
4901</td><td>Institutes for advanced study, except as provided in line H below
4902
4903</td><td>1 space for each 1,000 square feet of offices and similar spaces; plus
4904   
4905 1 space for each 10 fixed seats in all auditoria and public assembly rooms; or
4906   
4907 1 space for each 100 square feet of public assembly area not containing fixed seats
4908
4909</td></tr>
4910
4911<tr><td>H.
4912
4913</td><td>Institutes for advanced study in single family zones (existing) (1)
4914
4915</td><td>3.5 spaces for each 1,000 square feet of office space; plus
4916   
4917 10 spaces for each 1,000 square feet of additional building footprint to house and support conference center activities; or
4918   
4919 37 spaces for each 1,000 square feet of conference room space, whichever is greater
4920
4921</td></tr>
4922
4923<tr><td>I.
4924
4925</td><td>Libraries (1) (6)
4926
4927</td><td>1 space for each 80 square feet of floor area of all auditoria and public meeting rooms; plus
4928   
4929 1 space for each 500 square feet of floor area, excluding auditoria and public meeting rooms
4930
4931</td></tr>
4932
4933<tr><td>J.
4934
4935</td><td>Museums
4936
4937</td><td>1 space for each 80 square feet of all auditoria and public assembly rooms, not containing fixed seats; plus
4938   
4939 1 space for every 10 fixed seats for floor area containing fixed seats; plus
4940   
4941 1 space for each 250 square feet of other gross floor area open to the public
4942
4943</td></tr>
4944
4945<tr><td>K.
4946
4947</td><td>Private clubs
4948
4949</td><td>1 space for each 80 square feet of floor area of all auditoria and public assembly rooms not containing fixed seats; or
4950   
4951 1 space for every 8 fixed seats for floor area containing fixed seats; or
4952   
4953 if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts
4954
4955</td></tr>
4956
4957<tr><td>L.
4958
4959</td><td>Religious facilities (1)
4960
4961</td><td>1 space for each 80 square feet of all auditoria and public assembly rooms
4962
4963</td></tr>
4964
4965<tr><td>M.
4966
4967</td><td>Schools, private elementary and secondary (1)
4968
4969</td><td>1 space for each 80 square feet of all auditoria and public assembly rooms, or
4970   
4971 if no auditorium or assembly room, 1 space for each staff member
4972
4973</td></tr>
4974
4975<tr><td>N.
4976
4977</td><td>Schools, public elementary and secondary (7) (8)
4978
4979</td><td>1 space for each 80 square feet of all auditoria or public assembly rooms, or
4980   
4981 1 space 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
4982
4983</td></tr>
4984
4985<tr><td>O.
4986
4987</td><td>Vocational or fine arts schools
4988
4989</td><td>1 space for each 2 faculty that the facility is designed to accommodate; plus
4990   
4991 1 space for each 2 full-time employees other than faculty that the facility is designed to accommodate; plus
4992   
4993 1 space for each 5 students, based on the maximum number of students that the school is designed to accommodate
4994
4995</td></tr>
4996
4997<tr><td>II. General Public Uses and Institutions with Locational Criteria
4998
4999</td></tr>
5000
5001<tr><td>P.
5002
5003</td><td>General public uses and institutions in urban centers or the Station Area Overlay District (9)
5004
5005</td><td>No minimum requirement
5006
5007</td></tr>
5008
5009<tr><td>Footnotes for Table C for Section 23.54.015:
5010
5011(1) When this use is permitted in a single-family zone as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when the use is permitted in a multifamily zone as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.570. The Director, in consultation with the Director of the Seattle Department of Transportation, may allow adult care and child care centers locating in existing structures to provide loading and unloading spaces on-street when no other alternative exists.
5012
5013(2) The amount of required parking is calculated based on the maximum number of staff, children, or clients that the center is designed to accommodate on site at any one time.
5014
5015(3) 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.
5016
5017(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.
5018
5019(5) 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.
5020
5021(6) When a library is permitted in a single-family zone as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when a library is permitted in a multifamily zone as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122; and when a library is permitted in a commercial zone, the Director may modify the parking requirements according to Section 23.44.022(( )).L.
5022
5023(7) 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 Table 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.
5024
5025(8) Development standard departures 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.
5026
5027(9) The general requirement of lines A through O of Table C for Section 23.54.015 for general public uses and institutions, is superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement (which may include no requirement) under any other provision. To the extent that a general public use or institution fits within more than one line in Table C for Section 23.54.015, the least of the applicable parking requirements applies. The different parking requirements listed for certain categories of general public uses or institutions shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this Title 23.
5028
5029</td></tr>
5030
5031</table> * * *
5032
5033 Section 65. Subsections A, F, M, and N of Section 23.54.020 of the Seattle Municipal Code, which section was last amended by Ordinance 123029, are amended as follows:
5034
5035 23.54.020 Parking quantity exceptions
5036
5037 A. Adding Units to Existing Structures in Multifamily and Commercial Zones.
5038
5039 1. For the purposes of this Section 23.54.020, "existing structures" means those structures that were established under permit, or for which a permit has been granted and has not expired as of the applicable date, as follows:
5040
5041 a. In multifamily zones, August 10, 1982;
5042
5043 b. In commercial zones, June 9, 1986.
5044
5045 2. In locations  in a multifamily or commercial zone  where there is a minimum parking requirement, one dwelling unit may  either  be added to an existing structure ((~~in a multifamily or commercial zone~~))  or may be built on a lot that contains an existing structure without additional parking if both of the following requirements are met:
5046
5047 a. Either the existing parking provided on the lot meets development standards, or the lot area is not increased and existing parking is screened and landscaped to the greatest extent practical; and
5048
5049 b. Any additional parking shall meet all development standards for the zone.
5050
5051 3. In locations  in a multifamily or commercial zone  where there is a minimum parking requirement, the Director may authorize a reduction or waiver of the parking requirement as a Type I decision when dwelling units are proposed to be added  either to an existing structure ((~~in a multifamily or commercial zone,~~))  or on a lot that contains an existing structure, in addition to the exception permitted in subsection 23.54.020.A.2, if the conditions in subsections 23.54.020.A.3.a and b below are met, and either of the conditions in subsections 23.54.020.A.3.c or d below are met:
5052
5053 a. The only use of the structure will be residential; and
5054
5055 b. The lot is not located in either the University District Parking Overlay Area (Map A for 23.54.015) or the Alki Area Parking Overlay (Map B for 23.54.015); and
5056
5057 c. The topography of the lot or location of existing structures makes provision of an off-street parking space physically infeasible in a conforming location; or
5058
5059 d. The lot is located in a residential parking zone (RPZ) and a current parking study is submitted showing a utilization rate of less than 75 percent for on-street parking within 400 feet of all lot lines.
5060
5061 * * *
5062
5063 F. Reductions to ((~~M~~)) m inimum ((~~P~~)) p arking ((~~R~~)) r equirements .
5064
5065 1. Reductions to minimum parking requirements permitted by this subsection will be calculated from the minimum parking requirements in Section 23.54.015. Total reductions to required parking as provided in this subsection may not exceed 40 percent
5066
5067 2. Transit ((~~R~~)) r eduction.
5068
5069 a. In multifamily and commercial zones, the minimum parking requirement for all uses ((~~may be~~))  is reduced by 20 percent ((~~when~~))  if  the use is located within ((~~800~~))  1,320 feet of a street with ((~~midday~~)) frequent transit service ((~~headways of 15 minutes or less in each direction~~)). This distance will be the walking distance measured from the nearest ((~~bus~~))  transit stop to the lot line of the lot containing the use.
5070
5071 b. In industrial zones, the minimum parking requirement for a nonresidential use ((~~may be~~))  is reduced by 15 percent ((~~when~~))  if  the use is located within ~~8~~((~~00~~))  1,320 feet of a street with peak transit service headways of 15 minutes or less ((~~in each direction~~)). This distance will be the walking distance measured from the nearest ((~~bus~~))  transit stop to the lot line of the lot containing the use.
5072
5073 3. In locations where there is a minimum parking requirement, the Director may authorize a reduction or waiver of the parking requirement ((~~as a Type I decision when~~))  if  dwelling units are proposed to be added to an existing structure in a multifamily or commercial zone, in addition to the exception permitted in subsection 23.54.020.A.2, if the conditions in subsections 23.54.020.A.3.a and b below are met, and either of the conditions in subsections 23.54.020.A.3.c or d below are met:
5074
5075 a. The only use of the structure will be residential; and
5076
5077 b. The lot is not located in either the University District Parking Overlay Area (Map A for 23.54.015) or the Alki Area Parking Overlay (Map B for 23.54.015); and
5078
5079 c. The topography of the lot or location of existing structures makes provision of an off-street parking space physically infeasible in a conforming location; or
5080
5081 d. The lot is located in a residential parking zone (RPZ) and a current parking study is submitted showing a utilization rate of less than 75 percent for on-street parking within 400 feet of all lot lines.
5082
5083 * * *
5084
5085 ((~~M. In urban centers or the Station Area Overlay District, no parking for motor vehicles is required for uses in commercial and multifamily zones, except that parking for fleet vehicles is required pursuant to Section 23.54.035.~~
5086
5087~~N. No parking is required for business establishments permitted in multifamily zones.~~))
5088
5089 Section 66. Section 23.54.025 of the Seattle Municipal Code, which section was enacted by Ordinance 112777, is amended as follows:
5090
5091 23.54.025 ((~~Parking covenants~~))  Off-site parking ((~~ .~~))
5092
5093 ((~~When parking is provided on a lot other than the lot of the use to which it is accessory, the following conditions shall apply:~~
5094
5095~~A. The owner of the parking spaces shall be responsible for notifying the Director should the use of the lot for covenant parking cease. In this event, the principal use must be discontinued, other parking meeting the requirements of this Code must be provided within thirty (30) days, or a variance must be applied for within fourteen (14) days and subsequently granted.~~
5096
5097~~B. A covenant between the owner or operator of the principal use, the owner of the parking spaces and The City of Seattle stating the responsibilities of the parties shall be executed. This covenant and accompanying legal descriptions of the principal use lot and the lot upon which the spaces are to be located shall be recorded with the King County Department of Records and Elections, and a copy with recording number and parking layouts shall be submitted as part of any permit application for development requiring parking.~~))
5098
5099 A. Where allowed. Off-site parking may be established by permit on a lot where the type of parking proposed is allowed by the provisions of this Title 23, if the lot's location is an eligible for parking accessory to the use for which the parking is required. If parking and parking access, including the proposed off-site parking, are or will be the sole uses of a lot, or if surface parking outside of structures will comprise more than half of the lot area, or if parking will occupy more than half of the gross floor area of all structures on a lot, then a permit to establish off-site parking may be granted only if principal use parking is a permitted use for such lot.
5100
5101 B. Development standards.
5102
5103 1. Off-site parking shall satisfy the screening and landscaping requirements and other development standards applicable where it is located, except to the extent that it is legally nonconforming to development standards prior to establishment of the off-site parking use. Unless otherwise provided, development standards regarding the relation of parking to structures apply to off-site parking in the same manner as they apply to parking accessory to the uses in such structures.
5104
5105 2. Parking allowed only as temporary surface parking does not qualify as off-site parking.
5106
5107 3. Parking shall not be established as off-site parking for more than one use unless authorized to be shared according to the shared parking provisions of this Chapter 23.54.
5108
5109 4. If maximum parking limits apply to a use, off-site parking permitted for that use shall count against the maximum limit unless otherwise expressly stated in the provisions of this Title 23 applicable to the lot where the use requiring parking is located.
5110
5111 C. Permit requirements.
5112
5113 1. When all or part of the required parking for a use is to be provided on a lot other than the lot on which the use requiring parking is located, a permit must be obtained to establish off-site parking for the use requiring parking as a use on the off-site parking lot.
5114
5115 2. The permit application must be submitted by or on behalf of the owner of the off-site parking lot along with written consent of the owner of the lot on which the use requiring parking is located, or such owner's authorized representative.
5116
5117 3. The permit may be issued only after the applicant has demonstrated that the off-site parking complies with all applicable requirements of this Title 23. An application to establish off-site parking, or to change the use for which off-site parking is provided, may be considered as part of the application to establish, expand or change the use requiring off-site parking.
5118
5119 D. Required notice.
5120
5121 1. When off-site parking is required parking for a use on any lot, notice of this off-site parking arrangement shall be recorded with the King County Recorder for both lots. The notice shall:
5122
5123 a. include legal descriptions of both the lots on which the use requiring parking is located and the off-site parking lot; and
5124
5125 b. identify by an attached drawing the number and location of spaces established as off-site parking for the use requiring parking;
5126
5127 2. A copy of the notice, with attached drawing, shall be submitted as part of any permit application for any use for which the off-site parking is to be used to satisfy all or part of the parking requirement. Once the permit application is complete in every other respect, a copy of the notice, with attached drawing and a recording number assigned by the King County Recorder, shall be submitted prior to issuance of the permit.
5128
5129 E. Termination, change, or suspension of off-site parking use.
5130
5131 1. Except as otherwise provided in subsection F of this Section 23.54.025, in order to terminate any off- site parking use, or to establish a new use for which off- site parking will be provided on the off-site parking lot, a change of use permit is required. Such a change of use permit shall not be issued unless:
5132
5133 a. the owner of the lot on which the use requiring parking is located has been notified in writing of the change of use; and
5134
5135 b. the off-site parking is not required for any reason, which may include one or more of the following:
5136
5137 1) the use requiring parking has been discontinued or reduced in size;
5138
5139 2) the parking is no longer required by this Title 23;
5140
5141 3) other parking meeting the requirements of Title 23 has been provided for the use requiring parking and, if it is off-site parking, established by permit;
5142
5143 4) a variance allowing the use requiring parking to continue without all or part of such off-site parking has been granted.
5144
5145 2. If the owner of a lot where off-site parking is established plans to improve the lot and continue to provide off-site parking for the use requiring parking after completion of the improvements, the owners of such lot and the lot on which the use requiring parking is located, or such owners' authorized representatives, may apply for a temporary suspension of the off-site parking use, by submitting to the Director:
5146
5147 a. a plan, with attached drawings showing the number and location of parking spaces, for providing interim parking for the use requiring parking, satisfying all applicable requirements of this title, until improvements to the off-site parking lot are completed;
5148
5149 b. a plan, with attached drawings showing the number and location of parking spaces, for the provision of permanent parking for the use requiring parking, satisfying all applicable requirements of this title, when the improvements are completed; and
5150
5151 c. such other materials as the Director may require to evaluate the proposal.
5152
5153 3. If the Director approves the plans for purposes of subsection 23.54.025.E.2, then the Director may authorize the suspension of the off-site parking use pending the completion of the proposed improvements, conditioned upon issuance of a building permit for the proposed improvements, issuance of any permits necessary to establish the interim parking use, and the actual provision of the other off-site parking in accordance with applicable development standards.
5154
5155 4. If a use requiring off-site parking is suspended as a result of fire, act of nature, or other causes beyond the control of the owners, or for substantial renovation or reconstruction, then subject to the applicable provisions in the zone or district where the off-site parking is located, the Director may approve the temporary use of the off-site parking to serve one or more other uses, or as general purpose parking, for a period not to exceed 180 days, subject to extensions for not more than 180 days if at the end of the initial period or any extension the use requiring parking has not recommenced.
5156
5157 5. No permit for the demolition of a structure including off-site parking, established under this Section 24.54.025 or of any portion thereof necessary for such off- site parking, shall be issued, except in case of emergency, unless the off-site parking use has been terminated or temporarily suspended pursuant to this Section 23.54.025.E. If any such structure, or such portion thereof, is destroyed as a result of fire, act of nature, or other causes beyond the control of the owners, then the owner of the off-site parking lot may obtain a change of use permit. Upon such destruction of off-site parking, the lot on which the use requiring parking will be subject to Section 23.54.025.G.
5158
5159 F. Off-site parking established by covenant.
5160
5161 1. Off-site parking established by a covenant or other document approved by the Director and recorded in the King County real property records consistent with this Section 23.54.025 as in effect immediately prior to the effective date of this ordinance, if that date is after either the date of vesting under Section 23.76.026 of the Master Use Permit application with which the covenant was submitted or the date when such covenant or other document was approved, may be used as required parking for the use(s) identified in such covenant to the extent to consistent with the Master Use Permit and any other conditions of the Director's approval, without compliance with subsections 23.54.025.C and D, so long as such off-site parking use is not discontinued for a period of 90 days, and subject to compliance with any applicable development standards. The owner of any such off-site parking spaces and the owner of the use requiring parking each are responsible for notifying the Director should the use of any or all of those spaces as off-site parking for the use requiring parking cease.
5162
5163 2. When maximum parking limits apply to a use requiring off-site parking, off-site parking permitted for that use under this subsection 23.54.025.F shall count against the maximum limit unless otherwise expressly stated in the provisions of this title that apply to the lot where the use requiring parking is located.
5164
5165 3. Off-site parking established by covenant or other document approved by the Director, and not by permit establishing off-site parking use, is not subject to the requirements of subsection E of this section 23.54.025.
5166
5167 4. Any replacement off-site parking established by covenant in compliance with subsection 23.54.025.G.1.e shall be considered to have been established as described in subsection 23.54.025. F.1.
5168
5169 G. Effect of loss of required off-site parking.
5170
5171 1. If, for any reason, any off-site parking used to satisfy the minimum required parking for any use requiring parking is not available for off-site parking for such use in conformity with the applicable use permit, then it shall be unlawful to continue the use requiring parking unless:
5172
5173 a. other parking meeting the requirements of this Title 23 is provided on the same lot as the use requiring parking within 30 days; or
5174
5175 b. other off-site parking is secured, a permit is applied for to establish the off-site parking use within 30 days, such permit is obtained within 180 days, and the other off-site parking is completed in accordance with all applicable requirements and is in use within 180 days unless the Director, upon finding that substantial progress toward completion has been made and that the public will not be adversely affected by the extension, grants an extension in writing; or
5176
5177 c. the loss of off-site parking is caused by damage to or destruction of a structure, and either
5178
5179 1) the owners of the off-site parking and of the lot of the use requiring parking apply for a permit to establish other existing spaces on the off- site parking lot as parking for such use within 90 days, and such permit is granted within 180 days; or
5180
5181 2) the owner of the off-site parking lot applies for any permit necessary to repair or rebuild the structure so as to provide the off-site parking within 90 days, the off-site parking is completed in accordance with all applicable requirements within 180 days, unless the Director, upon finding that substantial progress toward completion has been made and that the public will not be adversely affected by the extension, grants an extension in writing, and if the location on the lot of the off-site parking is modified, the owner executes and records within 180 days an amendment to the notice identifying the location of the off-site parking in the rebuilt or repaired structure; or
5182
5183 d. a variance is applied for within 30 days and subsequently granted; or
5184
5185 e. the off-site parking was exempt, under subsection 23.54.025.F, from the requirements of subsections C, D, and E of this section 23.54.025, and within 30 days substitute off-site parking, on a lot where such parking is permitted by the provisions of this Title 23 and consistent with all applicable development standards, is provided and established by recorded covenant consistent with the terms of this Section 23.54.025 as in effect immediately prior to the effective date of this ordinance.
5186
5187 2. Unless a variance is applied for within such 30 day period and not denied, upon the expiration of any applicable period in subsections 23.54.025.G.1.a, G.1.b or G.1.c without the completion of the action or actions required, the use requiring parking shall be discontinued to the extent necessary so that the remaining parking for that use satisfies the applicable minimum parking requirement. Upon the denial of a variance from parking requirements the use requiring parking must be discontinued to that extent, unless the conditions of subsection 23.54.025.G.1.a, G.1.b, G.1.c, or G.1.e are then satisfied. Each period stated in this subsection 23.54.025.G runs from the first date upon which spaces established as off-site parking are not available for use as off-site parking.
5188
5189 H. Signage.
5190
5191 Signage for off-site parking is required, subject to the applicable restrictions in the zone or district, both on the same lot as the use requiring parking and on the off-site parking lot, as follows:
5192
5193 1. One or more signs, each of a size and at a location to be approved by the Director, must be placed on the same lot as the use requiring parking indicating the address of the off-site parking and that it is available to one or more user groups (e.g., customers, employees, residents).
5194
5195 2. One or more signs, each of a size and at a location to be approved by the Director, must be placed on the off-site parking lot identifying the use(s) served by the parking spaces, and sufficient signage shall be provided to clearly specify the spaces that are reserved for each use requiring parking and, if applicable, the days and times when the spaces are so reserved.
5196
5197 3. The Director may allow the use of temporary signage for off-site parking serving spectator sports facilities.
5198
5199 I. Management and operation of off-site parking. If a party other than the owner of the off-site parking lot is responsible for its management and operation, the Director may require verification from the owner of the off-site parking lot that the party responsible for its management and operation has been apprised of the requirements of this section 23.54.025 and any applicable permits.
5200
5201 Section 67. Subsections B, D, F, and G of Section 23.54.030 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, are amended as follows:
5202
5203 23.54.030 Parking space standards
5204
5205 * * *
5206
5207 B. Parking ((~~S~~)) s pace ((~~R~~)) r equirements. The required size of parking spaces shall be determined by whether the parking is for a residential, nonresidential or live-work use. In structures containing both residential and either nonresidential uses or live-work units, parking that is clearly set aside and reserved for residential use shall meet the standards of subsection 23.54.030.B.1; otherwise, all parking for the structure shall meet the standards of subsection 23.54.030.B.2.  All uses shall provide barrier-free accessible parking if required by the Building Code, Subtitle 1 of Title 22, or the Residential Code, Subtitle 1a of Title 22.
5208
5209 1. Residential ((~~U~~)) u ses.
5210
5211 a. When five or fewer parking spaces are provided, the minimum required size of a parking space shall be for a medium car, as described in subsection A . 2 of this Section 23.54.030, except as provided in subsection 23.54.030.B.1.d.
5212
5213 b. When more than five parking spaces are provided, a minimum of 60 percent of the parking spaces shall be striped for medium vehicles. The minimum size for a medium parking space shall also be the maximum size. Forty percent of the parking spaces may be striped for any size, provided that when parking spaces are striped for large vehicles, the minimum required aisle width shall be as shown for medium vehicles.
5214
5215 c. Assisted ((~~L~~)) l iving ((~~F~~)) f acilities. Parking spaces shall be provided as in subsections 23.54.030.B.1.a and B . 1 . b above, except that a minimum of two spaces shall be striped for a large vehicle.
5216
5217 d. Townhouse  unit s. For an individual garage serving a townhouse unit, the minimum required size of a parking space shall be for a large car, as described in subsection 23.54.030.A.
5218
5219 2. Nonresidential ((~~U~~)) u ses and ((~~L~~)) l ive-work ((~~U~~)) u nits.
5220
5221 a. When ten or fewer parking spaces are provided, a maximum of 25 percent of the parking spaces may be striped for small vehicles. A minimum of 75 percent of the spaces shall be striped for large vehicles.
5222
5223 b. When between 11 and 19 parking spaces are provided, a minimum of 25 percent of the parking spaces shall be striped for small vehicles. The minimum required size for these small parking spaces shall also be the maximum size. A maximum of 65 percent of the parking spaces may be striped for small vehicles. A minimum of 35 percent of the spaces shall be striped for large vehicles.
5224
5225 c. When 20 or more parking spaces are provided, a minimum of 35 percent of the parking spaces shall be striped for small vehicles. The minimum required size for small parking spaces shall also be the maximum size. A maximum of 65 percent of the parking spaces may be striped for small vehicles. A minimum of 35 percent of the spaces shall be striped for large vehicles.
5226
5227 d. The minimum vehicle clearance shall be at least 6 feet 9 inches on at least one floor, and there shall be at least one direct entrance from the street that is at least 6 feet 9 inches in height for all parking garages accessory to nonresidential uses and live-work units and for all principal use parking garages.
5228
5229 * * *
5230
5231 D. Driveways. Driveway requirements for residential and nonresidential uses are described below. When a driveway is used for both residential and nonresidential parking, it shall meet the standards for nonresidential uses described in subsection 23.54.030 . D.2.
5232
5233 1. Residential ((~~U~~)) u ses.
5234
5235 a.  Driveway width. ((~~Driveways shall be at least 10 feet wide.~~))  Driveways less than 100 feet in length that serve 30 or fewer parking spaces shall be a minimum of 10 feet in width for one-way or two-way traffic . ((~~Driveways with a turning radius of more than 35 degrees shall conform to the minimum turning path radius shown in Exhibit B for 23.54.030.~~))
5236
5237 ((~~b. Vehicles may back onto a street from a parking area serving five or fewer vehicles, provided that:~~
5238
5239~~1) The street is not an arterial as defined in Section 11.18.010 of the Seattle Municipal Code;~~
5240
5241~~2) The slope of a driveway shall be 15 percent on average, measured from high to low points. The ends of a driveway shall be adjusted to accommodate an appropriate crest and sag.~~
5242
5243~~3) For one single-family structure, the Director may waive the requirements of subsections 23.54.030.D.1.b.(1) and (2) above, and may modify the parking access standards based upon a safety analysis, addressing visibility, traffic volume and other relevant issues.~~
5244
5245~~c. Driveways less than 100 feet in length that serve 30 or fewer parking spaces((,)) shall be a minimum of 10 feet in width for one way or two way traffic.~~
5246
5247~~d. Except for driveways serving one single-family dwelling, driveways more than 100 feet in length that serve 30 or fewer parking spaces shall either:~~
5248
5249~~1) Be a minimum of 16 feet wide, tapered over a 20 foot distance to a 10 foot opening at the lot line; or~~
5250
5251~~2) Provide a passing area at least 20 feet wide and 20 feet long. The passing area shall begin 20 feet from the lot line, with an appropriate taper to meet the 10 foot opening at the lot line. If a taper is provided at the other end of the passing area, it shall have a minimum length of 20 feet.~~
5252
5253~~e. Driveways serving more than 30 parking spaces shall provide a minimum 10 foot wide driveway for one way traffic or a minimum 20 foot wide driveway for two way traffic.~~ ))
5254
5255 b. Except for driveways serving one single- family dwelling unit, driveways more than 100 feet in length that serve 30 or fewer parking spaces shall either:
5256
5257 1) be a minimum of 16 feet wide, tapered over a 20 foot distance to a 10 foot opening at the lot line; or
5258
5259 2) be a minimum of 10 feet wide and provide a passing area at least 20 feet wide and 20 feet long. The passing area shall begin 20 feet from the lot line, with an appropriate taper to meet the 10 foot opening at the lot line. If a taper is provided at the other end of the passing area, it shall have a minimum length of 20 feet.
5260
5261 c. Driveways of any length that serve more than 30 parking spaces shall be at least 10 feet wide for one- way traffic and at least 20 feet wide for two-way traffic.
5262
5263 d. Driveways for two attached rowhouse or townhouse units may be paired so that there is a single curb cut providing access. The maximum width of the paired driveway is 18 feet.
5264
5265 e. Driveways with a turning radius of more than 35 degrees shall conform to the minimum turning path radius shown in Exhibit B for 23.54.030.
5266
5267[Exhibit B for 23.54.030: Turning Path Radius](/~ordpics/117014_2354030exb.gif)
5268
5269 f. Vehicles may back onto a street from a parking area serving five or fewer vehicles, provided that either:
5270
5271 1) The street is not an arterial as defined in Section 11.18.010; or
5272
5273 2) For one single-family dwelling unit, the Director may permit backing onto an arterial based on a safety analysis that addresses visibility, traffic volume, and other relevant issues.
5274
5275 ((~~f~~)) g . Nonconforming ((~~D~~)) d riveways. The number of parking spaces served by an existing driveway that does not meet the standards of this subsection 23.54.030.D.1 shall not be increased. This prohibition may be waived by the Director after consulting with  the Director of the Seattle Department of Transportation ,  based on a safety analysis.
5276
5277 2. Nonresidential Uses.
5278
5279 a. Driveway Widths.
5280
5281 1) The minimum width of driveways for one way traffic shall be 12 feet and the maximum width shall be 15 feet.
5282
5283 2) The minimum width of driveways for two way traffic shall be 22 feet and the maximum width shall be 25 feet.
5284
5285 b. Driveways shall conform to the minimum turning path radius shown in Exhibit B for 23.54.030.
5286
5287 3. Driveway ((~~S~~)) s lope  for all uses . No portion of a driveway, whether located on a lot or on a right-of- way, shall exceed a slope of ((~~20~~))  15  percent, except as provided in this subsection 23.54.030 . D.3. The maximum ((~~20~~))  15  percent slope shall apply in relation to both the current grade of the right-of-way to which the driveway connects, and to the proposed finished grade of the right-of- way if it is different from the current grade. The ends of a driveway shall be adjusted to accommodate an appropriate crest and sag. The Director((~~ , as a Type I decision,~~)) may permit a driveway slope of more than ((~~20~~))  15  percent if it is found that:
5288
5289 a. The topography or other special characteristic of the lot makes a ((~~20~~))  15  percent maximum driveway slope infeasible;
5290
5291 b. The additional amount of slope permitted is the least amount necessary to accommodate the conditions of the lot; and
5292
5293 c. The driveway is still useable as access to the lot.
5294
5295 * * *
5296
5297 F.  Curb cuts. The number of permitted curb cuts is determined by whether the parking served by the curb cut is for residential or nonresidential use, and by the zone in which the use is located. If a curb cut is used for more than one use or for one or more live-work units, the requirements for the use with the largest curb cut requirements shall apply.
5298
5299 1. Residential uses.
5300
5301 a.  Number of curb cuts.
5302
5303 1) For lots not located on a principal arterial designated on the Arterial street map, Section 11.18.010, curb cuts are permitted according to Table A for 23.54.030:
5304
5305 Table A for 23.54.030: Curb Cuts for Non-Arterial Street or Easement Frontage
5306
5307<table><tr><td>Street or Easement Frontage of the Lot
5308
5309</td><td>Number of Curb Cuts Permitted
5310
5311</td></tr>
5312
5313<tr><td>80(( ' )) feet or less
5314
5315</td><td>1
5316
5317</td></tr>
5318
5319<tr><td>Greater than 80(( ' )) feet up to 160(( ' )) feet
5320
5321</td><td>2
5322
5323</td></tr>
5324
5325<tr><td>Greater than 160(( ' )) feet up to 240(( ' )) feet
5326
5327</td><td>3
5328
5329</td></tr>
5330
5331<tr><td>Greater than 240(( ' )) feet up to 320(( ' )) feet
5332
5333</td><td>4
5334
5335</td></tr>
5336
5337<tr><td>For lots with frontage in excess of 320 feet, the pattern established (( in Table A for 23.54.030 )) above continues.
5338
5339</td></tr>
5340
5341</table> 2) For lots on principal arterials designated on the Arterial street map, Section 11.18.010, curb cuts are permitted according to Table B for 23.54.030:
5342
5343 Table B for 23.54.030: Curb Cuts for Principal Arterial Street Frontage
5344
5345<table><tr><td>Street or Easement Frontage of the Lot
5346
5347</td><td>Number of Curb Cuts Permitted
5348
5349</td></tr>
5350
5351<tr><td>160 feet or less
5352
5353</td><td>1
5354
5355</td></tr>
5356
5357<tr><td>Greater than 160 feet up to 320 feet
5358
5359</td><td>2
5360
5361</td></tr>
5362
5363<tr><td>Greater than 320 feet up to 480
5364
5365</td><td>3
5366
5367</td></tr>
5368
5369<tr><td>For lots with street frontage in excess of 480 feet, the pattern established above continues.
5370
5371</td></tr>
5372
5373</table> 3) On a lot that has both principal arterial and non-principal arterial street frontage, the total number of curb cuts on the principal arterial is calculated using only the length of the street lot line on the principal arterial.
5374
5375 4) If two adjoining lots share a common driveway, the combined frontage of the two lots will be considered as one in determining the maximum number of permitted curb cuts.
5376
5377 b.  Curb cut width. Curb cuts shall not exceed a maximum width of 10 feet except that:
5378
5379 1) For lots on principal arterials designated on the Arterial street map, Section 11.18.010, the maximum curb cut width is 23 feet;
5380
5381 2) One curb cut greater than 10 feet but in no case greater than 20 feet in width may be substituted for each two curb cuts permitted by subsection 23.54.030 . F.1.a; ((~~and~~))
5382
5383 ((~~2~~)) 3 ) A greater width may be specifically permitted by the development standards in a zone; ((~~and~~))
5384
5385 ((~~3~~)) 4 ) If subsection D of this Section 23.54.030 requires a driveway greater than 10 feet in width, the curb cut may be as wide as the required width of the driveway((~~ .~~)) ; and
5386
5387 5) A curb cut 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.
5388
5389 ((~~c. For lots on principal arterials designated on the Arterial street map, Section 11.18.010, curb cuts of a maximum width of 23 feet are permitted on the principal arterial according to Table B for 23.54.030:~~
5390
5391~~Table B for 23.54.030: Curb Cuts for Principal Arterial Street Frontage~~
5392
5393<table><tr><td>Street or Easement Frontage of the Lot
5394
5395</td><td>Number of Curb Cuts Permitted
5396
5397</td></tr>
5398
5399<tr><td>160' or less
5400
5401</td><td>1
5402
5403</td></tr>
5404
5405<tr><td>Greater than 160' up to 320'
5406
5407</td><td>2
5408
5409</td></tr>
5410
5411<tr><td>Greater than 320' up to 480'
5412
5413</td><td>3
5414
5415</td></tr>
5416
5417</table>~~1) For lots with street frontage in excess of 480 feet, the pattern established in Table B for 23.54.030 continues.~~
5418
5419~~2) On a lot that has both principal arterial and non-principal arterial street frontage, the total number of curb cuts on the principal arterial is calculated using only the length of the street lot line on the principal arterial.~~))~~~~
5420
5421 ((~~d~~))  c .  Distance between curb cuts. ((~~There must be at least 30 feet~~))
5422
5423 1) The minimum distance between any two curb cuts located on a lot  is 30 feet .
5424
5425 2) For rowhouse and townhouse developments located on more than one lot, the minimum distance between curb cuts is 18 feet (See Exhibit C for 23.54.030).
5426
5427[Exhibit D for Section 23.54.030](/~ordpics/117014_2354030exd.gif)
5428
5429 ((~~e. A curb cut 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.~~
5430
5431~~f. If two adjoining lots share a common driveway according to the provisions of Section 23.54.030.D.1, the combined frontage of the two lots will be considered as one in determining the maximum number of permitted curb cuts.~~))~~~~2. Nonresidential uses in all zones except industrial zones.
5432
5433 a. Number of Curb cuts.
5434
5435 1) In RC zones and within Major Institution Overlay Districts, two-way curb cuts are permitted according to Table C for 23.54.030:
5436
5437 Table C for 23.54.030: Number of Curb Cuts in RC Zones and Major Institution Overlay Districts
5438
5439<table><tr><td>Street Frontage of the Lot
5440
5441</td><td>Number of Curb cuts Permitted
5442
5443</td></tr>
5444
5445<tr><td>80 feet or less
5446
5447</td><td>1
5448
5449</td></tr>
5450
5451<tr><td>Greater than 80 feet up to 240 feet
5452
5453</td><td>2
5454
5455</td></tr>
5456
5457<tr><td>Greater than 240 feet up to 360 feet
5458
5459</td><td>3
5460
5461</td></tr>
5462
5463<tr><td>Greater than 360 feet up to 480 feet
5464
5465</td><td>4
5466
5467</td></tr>
5468
5469<tr><td>For lots with frontage in excess of 480 feet, one curb cut is permitted for every 120 feet of street frontage.
5470
5471</td></tr>
5472
5473</table> 2)  The Director may allow two one- way curb cuts to be substituted for one two-way curb cut, after determining, as a Type I decision, that there would not be a significant conflict with pedestrian traffic.
5474
5475 3) The Director shall, as a Type I decision, determine the number and location of curb cuts in C1, C2 and SM zones.
5476
5477 ((~~3~~)) 4 ) In downtown zones, a maximum of two curb cuts for one way traffic at least 40 feet apart, or one curb cut for two way traffic, shall be permitted on each street front where access is permitted by Section 23.49.019.H. No curb cut shall be located within 40 feet of an intersection. These standards may be modified by the Director as a Type I decision on lots with steep slopes or other special conditions, to the minimum extent necessary to provide vehicular and pedestrian safety and facilitate a smooth flow of traffic.
5478
5479 ((~~4~~)) 5 ) For public schools, the Director shall permit, as a Type I decision, the minimum number of curb cuts that the Director determines is necessary.
5480
5481 ((~~5~~)) 6 ) In NC zones, curb cuts shall be provided according to subsection 23.47.032.A, or, when 23.47A.032. A does not specify the maximum number of curb cuts, according to subsection 23.54.030F.2.a.1).
5482
5483 ((~~6~~)) 7 ) For police and fire stations the Director shall permit the minimum number of curb cuts that the Director determines is necessary to provide adequate maneuverability for emergency vehicles and access to the lot for passenger vehicles.
5484
5485 b. Curb cut widths.
5486
5487 1) For one way traffic, the minimum width of curb cuts is 12 feet, and the maximum width is 15 feet.
5488
5489 2) For two way traffic, the minimum width of curb cuts is 22 feet, and the maximum width is 25 feet, except that the maximum width may be increased to 30 feet if truck and auto access are combined.
5490
5491 3) For public schools, the maximum width of a curb cut is 25 feet. Development standard departures may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79.
5492
5493 4) For fire and police stations, the Director may allow curb cuts up to, and no wider than, the minimum width necessary to provide access for official emergency vehicles that have limited maneuverability and that must rapidly respond to emergencies. Curb cuts for fire and police stations are considered curb cuts for two-way traffic
5494
5495 5) If one of the following conditions applies, the Director may require a curb cut of up to 30 feet in width, if it is found that a wider curb cut is necessary for safe access:
5496
5497 i. The abutting street has a single lane on the side that abuts the lot; or
5498
5499 ii. The curb lane abutting the lot is less than 11 feet wide; or
5500
5501 iii. The proposed development is located on an arterial with an average daily traffic volume of over 7,000 vehicles; or
5502
5503 iv. Off-street loading berths are required according to subsection G of Section 23.54.035.
5504
5505 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 6 feet 9 inches high.
5506
5507 3. All uses in industrial zones.
5508
5509 a. Number and location of curb cuts. The number and location of curb cuts will be determined by the Director.
5510
5511 b. Curb cut width. Curb cut width in Industrial zones shall be as follows:
5512
5513 1) If the curb cut provides access to a parking area or structure, it must be a minimum of 15 feet wide and a maximum of 30 feet wide.
5514
5515 2) If the curb cut provides access to a loading berth, the maximum width may be increased to 50 feet.
5516
5517 3) Within the minimum and maximum widths established by this subsection 23.54.030.F.3, the Director shall determine the size of the curb cuts.
5518
5519 4. Curb cuts for access easements.
5520
5521 a. If a lot is crossed by an access easement serving other lots, the curb cut serving the easement may be as wide as the easement roadway.
5522
5523 b. The curb cut serving an access easement shall not be counted against the number or amount of curb cuts permitted to a lot if the lot is not itself served by the easement.
5524
5525 5. Curb cut flare. A flare with a maximum width of 2.5 feet is permitted on either side of curb cuts in any zone.
5526
5527 6. Replacement of unused curb cuts. When a curb cut is no longer needed to provide access to a lot, the curb and any planting strip must be replaced.
5528
5529 G. Sight Triangle.
5530
5531 1. For exit-only driveways and easements, and two way driveways and easements less than 22 feet wide, a sight triangle on both sides of the driveway or easement shall be provided, and shall be kept clear of any obstruction for a distance of 10 feet from the intersection of the driveway or easement with a driveway, easement, sidewalk or curb intersection if there is no sidewalk, as depicted in Exhibit D for 23.54.030.
5532
5533[Exhibit ((~~D~~))  E  for 23.54.030: Sight Triangle](/~ordpics/117014_2354030oldexe.gif)
5534
5535[Exhibit E for 23.54.030: Sight Triangle](/~ordpics/117014_2354030exe.gif)
5536
5537 2. For two way driveways or easements 22 feet wide or more, a sight triangle on the side of the driveway used as an exit shall be provided, and shall be kept clear of any obstruction for a distance of 10 feet from the intersection of the driveway or easement with a driveway, easement, sidewalk, or curb intersection if there is no sidewalk. The entrance and exit lanes shall be clearly identified.
5538
5539 3. The sight triangle shall also be kept clear of obstructions in the vertical spaces between 32 inches and 82 inches from the ground.
5540
5541 4. When the driveway or easement is less than 10 feet from the lot line, the sight triangle may be provided as follows:
5542
5543 a. An easement may be provided sufficient to maintain the sight triangle. The easement shall be recorded with the King County ((~~Department of Records and Elections~~))  Recorder ; or
5544
5545 b. The driveway may be shared with a driveway on the neighboring lot; or
5546
5547 c. The driveway or easement may begin 5 feet from the lot line, as depicted in Exhibit E for 23.54.030.
5548
5549[Exhibit ((~~E~~))  F  for 23.54.030: Sight Triangle Exception ](/~ordpics/117014_2354030oldexf.gif)
5550
5551[Exhibit F for 23.54.030: Sight Triange Exception](/~ordpics/117014_2354030exf.gif)
5552
5553 5. An exception to the sight triangle requirement may be made for driveways serving lots containing only residential uses and fewer than three parking spaces, when providing the sight triangle would be impractical.
5554
5555 6. In all downtown zones, the sight triangle at a garage exit may be provided by mirrors and/or other approved safety measures.
5556
5557 7. Sight triangles shall not be required for one-way entrances into a parking garage or surface parking area.
5558
5559 * * *
5560
5561 Section 68. The Title of Chapter 23.54 of the Seattle Municipal Code, which Chapter was last amended by Ordinance 123209, is amended as follows:
5562
5563 Chapter 23.54 Quantity and Design Standards for Access ,  ((~~and~~))Off-Street Parking , and Solid Waste Storage
5564
5565 Section 69. A new Section 23.54.040 of the Seattle Municipal Code is added as follows:
5566
5567 23.54.040 Solid waste and recyclable materials storage and access
5568
5569 A. Except as provided in subsection I of this Section 23.54.040, in downtown, multifamily, and commercial zones, storage space for solid waste and recyclable materials containers shall be provided as shown in Table A for 23.54.040 for all new structures, and for existing structures to which two or more dwelling units are added.
5570
5571 1. Residential uses proposed to be located on separate platted lots, for which each dwelling unit will be billed separately for utilities, shall provide one storage area per dwelling unit that has minimum dimensions of 2 feet by 6 feet.
5572
5573 2. Residential development for which a home ownership association or other single entity exists or will exist as a sole source for utility billing may meet the requirement in subsection 23.54.040.A.1, or the requirement in Table A for 23.54.040.
5574
5575 3. Nonresidential development shall meet the requirement in Table A for 23.54.040.
5576
5577<table><tr><td>Table A for 23.54.040: Shared Storage Space for Solid Waste Containers
5578
5579</td></tr>
5580
5581<tr><td>Residential Development
5582
5583</td><td>Minimum Area for Shared Storage Space
5584
5585</td></tr>
5586
5587<tr><td>2-8 dwelling units
5588
5589</td><td>84 square feet
5590
5591</td></tr>
5592
5593<tr><td>9-15 dwelling units
5594
5595</td><td>150 square feet
5596
5597</td></tr>
5598
5599<tr><td>16-25 dwelling units
5600
5601</td><td>225 square feet
5602
5603</td></tr>
5604
5605<tr><td>26-50 dwelling units
5606
5607</td><td>375 square feet
5608
5609</td></tr>
5610
5611<tr><td>51-100 dwelling units
5612
5613</td><td>375 square feet plus 4 square feet for each additional unit above 50
5614
5615</td></tr>
5616
5617<tr><td>More than 100 dwelling units
5618
5619</td><td>575 square feet plus 4 square feet for each additional unit above 100, except as permitted in subsection 23.54.040.C
5620
5621</td></tr>
5622
5623<tr><td></td></tr>
5624
5625<tr><td>Nonresidential Development (Based on gross floor area of all structures on the lot)
5626
5627</td><td>Minimum Area for Shared Storage Space
5628
5629</td></tr>
5630
5631<tr><td>0--5,000 square feet
5632
5633</td><td>82 square feet
5634
5635</td></tr>
5636
5637<tr><td>5,001--15,000 square feet
5638
5639</td><td>125 square feet
5640
5641</td></tr>
5642
5643<tr><td>15,001--50,000 square feet
5644
5645</td><td>175 square feet
5646
5647</td></tr>
5648
5649<tr><td>50,001--100,000 square feet
5650
5651</td><td>225 square feet
5652
5653</td></tr>
5654
5655<tr><td>100,001--200,000 square feet
5656
5657</td><td>275 square feet
5658
5659</td></tr>
5660
5661<tr><td>200,001 plus square feet
5662
5663</td><td>500 square feet
5664
5665</td></tr>
5666
5667<tr><td></td></tr>
5668
5669<tr><td>Mixed use development that contains both residential and nonresidential uses, shall meet the requirements of subsection 23.54.040.B.
5670
5671</td></tr>
5672
5673</table> B. Mixed use development that contains both residential and nonresidential uses shall meet the storage space requirements shown in Table A for 23.54.040 for residential development, plus 50 percent of the requirement for nonresidential development. In mixed use developments, storage space for garbage may be shared between residential and nonresidential uses, but separate spaces for recycling shall be provided.
5674
5675 C. For development with more than 100 dwelling units, the required minimum area for storage space may be reduced by 15 percent, if the area provided as storage space has a minimum horizontal dimension of 20 feet.
5676
5677 D. The storage space required by Table A for 23.54.040 shall meet the following requirements:
5678
5679 1. For developments with 8 or fewer dwelling units, the minimum horizontal dimension (width and depth) for required storage space is 7 feet. For developments with 9 dwelling units or more, the minimum horizontal dimension of required storage space is 12 feet;
5680
5681 2. The floor of the storage space shall be level and hard-surfaced, and the floor beneath garbage or recycling compactors shall be made of concrete; and
5682
5683 3. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.
5684
5685 E. The location of all storage spaces shall meet the following requirements:
5686
5687 1. The storage space shall be located on the lot of the structure it serves and, if located outdoors, shall not be located between a street-facing facade of the structure and the street;
5688
5689 2. The storage space shall not be located in any required driveways, parking aisles, or parking spaces;
5690
5691 3. The storage space shall not block or impede any fire exits, any public rights-of-way, or any pedestrian or vehicular access;
5692
5693 4. The storage space shall be located to minimize noise and odor impacts on building occupants and beyond the lot lines of the lot;
5694
5695 5. The storage space shall meet the contractor safety standards promulgated by the Director of Seattle Public Utilities; and
5696
5697 6. The storage space shall not be used for purposes other than solid waste and recyclable materials storage and access.
5698
5699 F. Access for service providers to the storage space from the collection location shall meet the following requirements:
5700
5701 1. For containers 2 cubic yards or smaller:
5702
5703 a. Containers to be manually pulled shall be placed no more than 50 feet from a curb cut or collection location;
5704
5705 b. Collection location shall not be within a bus stop or within the right-of-way area abutting a vehicular lane designated as a sole travel lane for a bus;
5706
5707 c. Access ramps to the storage space shall not exceed a grade of 6 percent; and
5708
5709 d. Any gates or access routes for trucks shall be a minimum of 10 feet wide.
5710
5711 2. For containers larger than 2 cubic yards and all compacted refuse containers:
5712
5713 a. Direct access shall be provided from the alley or street to the containers;
5714
5715 b. Any gates or access routes for trucks shall be a minimum of 10 feet wide;
5716
5717 c. Collection location shall not be within a bus stop or within the street right-of-way area abutting a vehicular lane designated as a sole travel lane for a bus;
5718
5719 d. If accessed directly by a collection vehicle, whether into a structure or otherwise, a 21 foot overhead clearance shall be provided.
5720
5721 G. Access for occupants to the storage space from the collection location shall meet the following requirements:
5722
5723 1. Direct access shall be provided from the alley or street to the containers;
5724
5725 2. A pick-up location within 50 feet of a curb cut or collection location shall be designated that minimizes any blockage of pedestrian movement along a sidewalk or other right-of-way;
5726
5727 3. If a planting strip is designated as a pick-up location, any required landscaping shall be designed to accommodate the solid waste and recyclable containers within this area.
5728
5729 H. The solid waste and recyclable materials storage space, access and pick-up specifications required in this Section 23.54.040, including the number and sizes of containers, shall be included on the plans submitted with the permit application for any development subject to the requirements of this Section 23.54.040.
5730
5731 I. The Director, in consultation with the Director of Seattle Public Utilities, has the discretion to grant departures from the requirements of this Section 23.54.040 if the applicant proposes alternative, workable measures that meet the intent of this Section 23.54.040 and if either:
5732
5733 1. The applicant can demonstrate difficulty in meeting any of the requirements of this Section 23.54.040; or
5734
5735 2. The applicant proposes to construct or expand a structure, and the requirements of this Section 23.54.040 conflict with opportunities to increase residential densities and/or retain ground-level retail uses.
5736
5737 Section 70. Subsection C.1 of Section 23.57.011, which section was last amended by Ordinance 123209, is amended as follows:
5738
5739 23.57.011 Lowrise, Midrise and Highrise zones((~~ .~~))
5740
5741 * * *
5742
5743 C. Development ((~~S~~)) s tandards.
5744
5745 1. Location. Minor communication utilities and accessory communication devices regulated pursuant to Section 23.57.002 and amateur radio towers:
5746
5747 a. Are prohibited in a required front or side setback.
5748
5749 b. May be located in a required rear setback, except for transmission towers.
5750
5751 c. In all Lowrise, Midrise and Highrise zones, minor communication utilities and accessory communication devices may be located on rooftops of buildings, including sides of parapets and penthouses above the roofline. Rooftop space within the following parameters shall not count toward meeting open space or ((~~residential~~)) amenity  area  requirements: the area 8 feet from and in front of a directional antenna and at least 2 feet from the back of a directional antenna, or, for an omnidirectional antenna, 8 feet away from the antenna in all directions. The Seattle-King County Public Health Department may require a greater distance for paging facilities after review of the Non-Ionizing Electromagnetic Radiation (NIER) report.
5752
5753 * * *
5754
5755 Section 71. Subsection C.1 of Section 23.57.012, which section was last amended by Ordinance 122311, is amended as follows:
5756
5757 23.57.012 Commercial zones((~~ .~~))
5758
5759 * * *
5760
5761 C. Development ((~~S~~)) s tandards.
5762
5763 1. Location and ((~~H~~)) h eight. Facilities in special review, historic, and landmark districts are subject to the standards of Section 23.57.014. On sites that are not in special review, historic, or landmark districts, antennas may be located on the rooftops of buildings, including sides of parapets and equipment penthouses above the roofline, subject to the height limits in ((~~Paragraphs~~))  subsections 23.57.012.C. 1.a and  C. 1.b, as limited by ((~~Paragraph~~))  subsection 23.57.012.C. 1.c. below:
5764
5765 a. Utilities and devices located on a rooftop of a building nonconforming as to height may extend up to ((~~fifteen (~~))15((~~ )~~)) feet above the height of the building legally existing as of the effective date of Ordinance 120928.1
5766
5767 b. Utilities and devices located on a rooftop of a building that conforms to the height limit may extend up to ((~~fifteen (~~))15((~~ )~~)) feet above the zone height limit or above the highest portion of a building, whichever is less.
5768
5769 c. Any height above the underlying zone height limit permitted under subsections  23.57.012. C . 1 . a and C . 1 . b, shall be allowed only if the combined total coverage by communication utilities and accessory communication devices, in addition to the roof area occupied by rooftop features listed in Section 23.47A.012 . D . 4, does not exceed ((~~twenty~~))  20  percent ((~~ (20%)~~)) of the total rooftop area, or ((~~twenty-five~~))  25  percent ((~~ (25%)~~)) of the rooftop area ((~~when~~))  if  mechanical equipment is screened.
5770
5771 d. The following rooftop areas shall not be counted towards ((~~residential~~)) amenity area requirements:
5772
5773 ((~~ (i)~~)) 1)  The area ((~~eight (~~))8((~~ )~~)) feet from and in front of a directional antenna and the area ((~~two (~~))2((~~ )~~)) feet from and in back of a directional antenna.
5774
5775 ((~~ (ii)~~)) 2)  The area within ((~~eight (~~))8((~~ )~~)) feet in any direction from an omnidirectional antenna.
5776
5777 ((~~ (iii)~~)) 3)  Such other areas in the vicinity of paging facilities as determined by the Seattle-King County Health Department after review of the Non-Ionizing Electromagnetic Radiation (NIER) report.
5778
5779 * * *
5780
5781 Section 72. Subsection B of Section 23.71.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 121477, is amended as follows:
5782
5783 23.71.012 Special ((~~L~~)) l andscaped ((~~A~~)) a rterials((~~ .~~))
5784
5785 * * *
5786
5787 B. ((~~When~~))  If  an owner proposes substantial development on lots abutting special landscaped arterials, the owner shall provide the following:
5788
5789 1. Street trees meeting standards established by the Director of Seattle Department of Transportation((~~ ;~~)) .
5790
5791 2. A ((~~six (~~))6((~~ )~~)) foot planting strip and ((~~six (~~))6((~~ )~~)) foot sidewalk if the lot is zoned SF, ((~~LDT,~~)) L R 1, or L R 2((~~ ;~~)) .
5792
5793 3. A ((~~six (~~))6((~~ )~~)) foot planting strip and a ((~~six (~~))6((~~ )~~)) foot sidewalk, or, at the owner's option, a ((~~twelve (~~))12((~~ )~~)) foot sidewalk without a planting strip, if the lot is zoned NC2, NC3, RC, ((~~L4~~))  LR3,  or MR((~~ ;~~)) .
5794
5795 4. Pedestrian improvements, as determined by the Director  of the Seattle Department of Transportation , such as, but not limited to special pavers, lighting, benches and planting boxes.
5796
5797 Section 73. Subsection B of Section 23.71.030, which section was enacted by Ordinance 116795, is amended as follows:
5798
5799 23.71.030 Development standards for transition areas within the Northgate Overlay District((~~ .~~))
5800
5801 * * *
5802
5803 B. The requirements of this ((~~section~~))  Section 23.71.030 apply to development on lots in the more intensive zones under the following conditions:
5804
5805 1. Where a lot zoned ((~~Lowrise 4 (L4),~~))  Lowrise 3, (LR3), Midrise (MR), Midrise/85 (MR/85) or Highrise (HR) abuts or is across a street or alley from a lot zoned Single - Family (SF), ((~~Lowrise Duplex-Triplex (LDT),~~)) Lowrise 1 (L R 1), or Lowrise 2 (L R 2); and
5806
5807 2. Where a lot zoned Neighborhood Commercial 2 or 3 (NC2, NC3) with a height limit of ((~~forty (~~))40((~~ )~~)) feet or greater abuts or is across a street or alley from a lot zoned  Single-Family  (SF), ((~~Lowrise Duplex- Triplex (LDT),~~)) Lowrise 1 (L R 1), or Lowrise 2 (L R 2).
5808
5809 * * *
5810
5811 Section 74. Section 23.71.036 of the Seattle Municipal Code, which section was enacted by Ordinance 116795, is amended as follows:
5812
5813 23.71.036 Maximum width and depth of structures((~~ .~~))
5814
5815 The maximum width and depth requirements of this ((~~section~~))  Section 23.71.036 shall apply only to portions of a structure within ((~~fifty (~~))50((~~ )~~)) feet of a lot line abutting, or directly across a street right-of-way ((~~which~~))  that  is less than ((~~eighty (~~))80((~~ )~~)) feet in width, from a less intensive residential zone as provided in Table  A for  23.71.036((~~A~~)).
5816
5817<table><tr><td>Table A for 23.71.036 (( A )): Structure Width and Depth Standards for Transition Areas
5818
5819</td></tr>
5820
5821<tr><td>Subject (( Site ))Lot
5822
5823</td><td>Abutting Residential zone (or) zone across a street right-of-way less than (( eighty ( ))80(( ) )) feet in width
5824
5825</td><td>Maximum Width
5826
5827</td><td>Maximum Depth
5828
5829</td></tr>
5830
5831<tr><td>(( L4 )) LR3, MR, MR/85, and HR
5832
5833</td><td>Single-(( F ))family, (( LDT, )) LR1, or LR2
5834
5835</td><td>Apartments:
5836
583775 feet
5838
5839</td><td>65% depth of lot with no individual structure to exceed 90 feet
5840
5841</td></tr>
5842
5843<tr><td>Rowhouse(( s )) and (( T ))townhouse(( s )) developments:
5844
5845130 feet
5846
5847</td></tr>
5848
5849<tr><td>NC2 and NC3 (( w/ )) with 40 (( feet )) foot or greater height limits (( in width. ))
5850
5851</td><td>Single-(( F ))family, (( LDT, )) LR1, or LR2
5852
5853</td><td>Above a height of 30 feet, wall length shall not exceed 80% of the length of the abutting lot line, to a maximum of 60 feet.
5854
5855</td></tr>
5856
5857</table> Section 75. Subsection A of Section 23.76.004, and Exhibit 23.76.004 A of the Seattle Municipal Code, which section was last amended by Ordinance 123046, are amended to read as follows:
5858
5859 23.76.004 Land use decision framework((~~ .~~))
5860
5861 A. Land use decisions are classified into five ((~~ (5)~~)) categories based on the amount of discretion and level of impact associated with each decision. Procedures for the five ((~~ (5)~~)) different categories are distinguished according to who makes the decision, the type and amount of public notice required, and whether appeal opportunities are provided. Land use decisions are categorized by type in ((~~Exhibit A~~)) Table A for 23.76.004 .
5862
5863 * * *
5864
5865<table><tr><td>(( Exhibit 23.76.004 A ))Table A for 23.76.004
5866
5867LAND USE DECISION FRAMEWORK
5868
5869DIRECTOR'S AND HEARING EXAMINER'S
5870
5871DECISIONS REQUIRING MASTER USE PERMITS
5872
5873</td></tr>
5874
5875<tr><td>TYPE I
5876
5877Director's Decision (No Administrative Appeal)
5878
5879</td><td>TYPE II
5880
5881Director's Decision (Appealable to Hearing Examiner*)
5882
5883</td><td>TYPE III
5884
5885HEARING Examiner's Decision
5886
5887(No Administrative Appeal)
5888
5889</td></tr>
5890
5891<tr><td>* Compliance with development standards
5892
5893* Uses permitted outright
5894
5895* Temporary uses, four weeks or less
5896
5897* Intermittent uses
5898
5899* Certain street uses
5900
5901* Lot boundary adjustments
5902
5903* Modifications of features bonused under Title 24
5904
5905* Determinations of significance (EIS required) except for determinations of
5906
5907* significance based solely on historic and cultural preservation
5908
5909* Temporary uses for relocation of police and fire stations
5910
5911* Exemptions from right-of-way improvement requirements
5912
5913* Special accommodation
5914
5915* Reasonable accommodation
5916
5917* Minor amendment to a Major Phased Development Permit
5918
5919* Determination of public benefit for combined lot FAR
5920
5921* Determination of whether an amendment to a Property Use and Development Agreement is major or minor
5922
5923* Streamlined design review, pursuant to Section 23.41.018, if no development standard departures are requested
5924
5925* Other Type I decisions that are identified as such in the Land Use Code
5926
5927</td><td>* Temporary uses, more than four weeks, except for temporary relocation of police and fire stations
5928
5929* Variances
5930
5931* Administrative conditional uses
5932
5933* Shoreline decisions (*Appealable to Shorelines Hearings Board along with all related environmental appeals)
5934
5935* Short subdivisions
5936
5937* Special Exceptions
5938
5939* Design review , except for streamlined design review pursuant to Section 23.41.018 for which no development standard departures are requested
5940
5941* Light rail transit facilities
5942
5943* The following environmental determinations:
5944
59451. Determination of nonsignificance (EIS not required)
5946
59472. Determination of final EIS adequacy
5948
59493. Determination of significance based solely on historic and cultural preservation
5950
59514. A decision by the Director to approve, condition or deny a project based on SEPA Policies
5952
59535. A decision by the Director that a project is consistent with a Planned Action Ordinance and EIS (no threshold determination or EIS required)
5954
5955* Major Phased Development
5956
5957* Downtown Planned Community Developments
5958
5959</td><td>Subdivisions (preliminary plats)
5960
5961</td></tr>
5962
5963</table> * * *
5964
5965 Section 76. Subsections B and C of Section 23.76.006 of the Seattle Municipal Code, which section was last amended by Ordinance 122824, are amended to read as follows:
5966
5967 23.76.006 Master Use Permits required((~~ .~~))
5968
5969 * * *
5970
5971 B. The following decisions are Type I:
5972
5973 1. Determination that a proposal complies with development standards;
5974
5975 2. Establishment or change of use for uses permitted outright, temporary uses for four weeks or less not otherwise permitted in the zone, and temporary relocation of police and fire stations for 24 months or less;
5976
5977 3. The following street use approvals associated with a development proposal:
5978
5979 a. Curb cut for access to parking((~~ ,~~)) ;
5980
5981 b. Concept approval of street improvements, such as additional on-street parking, street landscaping, curbs and gutters, street drainage, sidewalks, and paving((~~ ,~~)) ;
5982
5983 c. Structural building overhangs((~~ ,~~)) ;
5984
5985 d. Areaways;
5986
5987 4. Lot boundary adjustments;
5988
5989 5. Modification of the following features bonused under Title 24:
5990
5991 a. Plazas((~~ ,~~)) ;
5992
5993 b. Shopping plazas((~~ ,~~)) ;
5994
5995 c. Arcades((~~ ,~~)) ;
5996
5997 d. Shopping arcades((~~ ,~~)) ;
5998
5999 e. Voluntary building setbacks;
6000
6001 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, Environmental Policies and Procedures), except for Determinations of Significance based solely on historic and cultural preservation;
6002
6003 7. Discretionary exceptions for certain business signs authorized by Section 23.55.042D;
6004
6005 8. Waiver or modification of required right-of-way improvements;
6006
6007 9. Special accommodation pursuant to Section 23.44.015;
6008
6009 10. Reasonable accommodation;
6010
6011 11. Minor amendment to Major Phased Development Permit;
6012
6013 12. Determination of public benefit for combined lot development;
6014
6015 13. Streamlined design review pursuant to Section 23.41.018, if no development standard departures are requested pursuant to Section 23.41.012;  and
6016
6017 ((~~13~~)) 14 . Other Type I decisions that are identified as such in the Land Use Code.
6018
6019 C. The following are Type II decisions:
6020
6021 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):
6022
6023 a. Determinations of Nonsignificance (DNSs), including mitigated DNSs;
6024
6025 b. Determination that a final environmental impact statement (EIS) is adequate; and
6026
6027 c. Determination of Significance based solely on historic and cultural preservation.
6028
6029 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):
6030
6031 a. Establishment or change of use for temporary uses more than four weeks not otherwise permitted in the zone or not meeting development standards, including the establishment of temporary uses and facilities to construct a light rail transit system for so long as is necessary to construct the system as provided in Section 23.42.040 .F ((~~E~~)), but excepting temporary relocation of police and fire stations for 24 months or less;
6032
6033 b. Short subdivisions;
6034
6035 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;
6036
6037 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;
6038
6039 e. Design review , including streamlined design review pursuant to Section 23.41.018 if development standard departures are requested pursuant to Section 23.41.012 ;
6040
6041 f. 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;
6042
6043 g. The following shoreline decisions (supplemental procedures for shoreline decisions are established in Chapter 23.60):
6044
6045 ((~~ (~~))1) Shoreline substantial development permits,
6046
6047 ((~~ (~~))2) Shoreline variances,
6048
6049 ((~~ (~~))3) Shoreline conditional uses;
6050
6051 h. Major Phased Development;
6052
6053 i. Determination of project consistency with a planned action ordinance and EIS;
6054
6055 j. Establishment of light rail transit facilities necessary to operate and maintain a light rail transit system, in accordance with the provisions of Section 23.80.004;
6056
6057 k. Establishment of monorail transit facilities necessary to operate and maintain a monorail transit system, in accordance with the provisions of Section 23.80.004 and Section 15.54.020; and
6058
6059 l. Downtown planned community developments.
6060
6061 * * *
6062
6063 Section 77. Section 23.76.011 of the Seattle Municipal Code, which Section was last amended by Ordinance 122054, is amended as follows:
6064
6065 23.76.011 Notice of ((~~early~~)) design guidance and planned community development process((~~ .~~))
6066
6067 A. The Director shall provide the following notice for the required early design guidance process  or streamlined administrative design review (SDR) guidance process for design review projects  subject to any of Sections 23.41.014, 23.41.016, and 23.41.018, and  for the preparation of priorities for planned community developments:
6068
6069 1. Publication of notice in the Land Use Information Bulletin; and
6070
6071 2. Mailed notice; and
6072
6073 B. The applicant shall post one ((~~ (1)~~)) land use sign visible to the public at each street frontage abutting the site except ((~~ , when~~))  that if 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.
6074
6075 C. For the required meeting for the preparation of priorities for a planned community development, and for a public meeting required for early design guidance, the time, date, location and purpose of the meeting shall be included with the mailed notice.
6076
6077 D. The land use sign may be removed by the applicant the day after the public meeting.
6078
6079 Section 78. Subsection B of Section 23.76.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 121477, is amended as follows:
6080
6081 23.76.012 Notice of application((~~ .~~))
6082
6083 * * *
6084
6085 B. Types of ((~~N~~)) n otice ((~~R~~)) r equired.
6086
6087 1. For projects subject to environmental review, or design review((~~ , except administrative design review~~))  pursuant to Section 23.41.014 , the department shall direct the installation of an environmental review sign on the site, unless an exemption or alternative posting as set forth in this subsection  23.76.012.B  is applicable. The environmental review sign shall be located so as to be clearly visible from the adjacent street or sidewalk, and shall be removed at the direction of the department after final City action on the application has been completed.
6088
6089 a. In the case of submerged land, the environmental review sign shall be posted on adjacent dry land, if any, owned or controlled by the applicant. If there is no adjacent dry land owned or controlled by the applicant, notice shall be provided according to subsection  23.76.012. B . 1 . c.
6090
6091 b. Projects limited to interior remodeling, or which are subject to environmental review only because of location over water or location in an environmentally critical area, are exempt from the environmental review sign requirement.
6092
6093 c. When use of an environmental review sign is neither feasible nor practicable to assure that notice is clearly visible to the public, the Director shall post ten ((~~ (10)~~)) placards within ((~~three hundred (~~))300((~~ )~~)) feet of the site and at the closest street intersections when one ((~~ (1)~~)) or more of the following conditions exist:
6094
6095 (1) The project site is over ((~~five (~~))5((~~ )~~)) acres;
6096
6097 (2) The applicant is not the property owner, and the property owner does not consent to the proposal;
6098
6099 (3) The site is subject to physical characteristics such as steep slopes or is located such that the environmental review sign would not be highly visible to neighboring residents and property owners or interested citizens.
6100
6101 d. The Director may require both an environmental review sign and the alternative posting measures described in subsection  23.76.012. B . 1 . c, or may require that more than one ((~~ (1)~~)) environmental review sign be posted, when necessary to assure that notice is clearly visible to the public.
6102
6103 2. For projects that are categorically exempt from environmental review, the department shall post one ((~~ (1)~~)) land use sign visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an unimproved street, the Director may post 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.
6104
6105 3. For all projects requiring notice of application, the Director shall provide notice in the Land Use Information Bulletin. For projects subject to the environmental review, notice in the Land Use Information Bulletin shall be published after installation of the environmental review sign.
6106
6107 4. In addition, for variances, administrative conditional uses, temporary uses for more than ((~~four (~~))4((~~ )~~)) weeks, shoreline variances, shoreline conditional uses, short plats, early design guidance process, School Use Advisory Committee (SUAC) formation and school development standard departure, the Director shall provide mailed notice.
6108
6109 5. Mailed notice of application for a project subject to design review ,  ((~~or administrative design review~~))  except streamlined design review pursuant to Section 23.41.018 for which no development standard departure pursuant to Section 23.41.012 is requested, shall be provided to all persons establishing themselves as parties of record by attending an early design guidance public meeting for the project or by corresponding with the Department about the proposed project before the date of publication.
6110
6111 6. Additional notice for subdivisions shall include mailed notice and publication in at least one ((~~ (1)~~)) community newspaper in the area affected by the subdivision.
6112
6113 * * *
6114
6115 Section 79. Section 23.76.026 of the Seattle Municipal Code, which Section was last amended by Ordinance 122611, is amended as follows:
6116
6117 23.76.026 Vesting ((~~of development rights~~))
6118
6119 A. Master Use Permit ((~~C~~)) c omponents ((~~O~~)) o ther ((~~T~~)) t han ((~~S~~)) s ubdivisions and ((~~S~~)) s hort ((~~S~~)) s ubdivisions.  Except as otherwise provided in this Section 23.76.026 or otherwise required by law, ((~~A~~)) a pplications for all Master Use Permit components except subdivisions and short subdivisions shall be considered under the Land Use Code and other land use control ordinances in effect on the date:
6120
6121 1. Notice of the Director's decision on the application is published, if the decision can be appealed to the Hearing Examiner, or the Director's decision if no Hearing Examiner appeal is available; or
6122
6123 2. A fully complete building permit application, ((~~meeting the requirements of~~))  as determined under Section 106 of the Seattle Building Code  or Section R105 of the Seattle Residential Code , is filed.
6124
6125 B. Subdivision and ((~~S~~)) s hort ((~~S~~)) s ubdivision ((~~C~~)) c omponents of Master Use Permits. An application for approval of a subdivision or short subdivision of land 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 that 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.
6126
6127 C. Design ((~~R~~)) r eview ((~~C~~)) c omponent of Master Use Permits.
6128
6129 1. If a complete application for a Master Use Permit is filed prior to the date design review becomes required for that type of project, no design review component ((~~shall be~~))  is  required.
6130
6131 2. A complete application for a Master Use Permit that includes a design review component shall be considered under the Land Use Code and other land use control ordinances in effect on the date a complete application for the ((~~design review~~)) early design guidance process  or SDR guidance process is submitted to the Director, provided that such Master Use Permit application is filed within ((~~ninety (~~))90((~~ )~~)) days of the date of the early design guidance public meeting  if an early design guidance public meeting is required, or within 90 days of the date the Director provided guidance if no early design guidance public meeting is required .
6132
6133 D. ((~~Notwithstanding any other provision of this section or this chapter, no application for a permit for development that is subject to Chapter 25.09 and that is proposed for a landslide-prone area as described in Section 25.09.020 B1a, shall vest during the term of the ordinance codified in this section unless the Director permits the work pursuant to subsections A, B, C, D, or E of Section 25.09.010.~~)) {RESERVED}
6134
6135 E. ((~~Notwithstanding any other provision of this section or this chapter, all development that is subject to Chapter 25.09 and that is proposed for a landslide-prone area as described in Section 25.09.020 B1a, shall have its vested rights suspended as follows during the term of the ordinance codified in this section:~~
6136
6137~~1. No notice of the Director's decision on an application for a Master Use Permit shall be published unless the Director is satisfied that no significant changes in conditions at the site or surrounding area have occurred that render invalid or out-of-date the analysis and recommendations contained in the technical reports and other application materials previously submitted to DPD as part of the application for the Master Use Permit;~~
6138
6139~~2. No building permit shall issue; and~~
6140
6141~~3. No approval of the foundation and site of a building or structure, as required by Section 108.5.2 of the Seattle Building Code, shall be granted. This suspension of vested rights shall not apply to the extent that development is permitted by the Director pursuant to subsections A, B, C, D, or E of Section 25.09.010.~~)) {RESERVED}
6142
6143 F. Applicants whose applications vest after the effective date of the ordinance introduced as Council Bill 117014, but prior to the expiration of 180 days after the effective date of that ordinance, may elect to have Section 23.86.006, Structure height, as it existed prior to the effective date of that ordinance applied to their application. The applicant shall make the election in writing and file it with the Director prior to the expiration of the 180 day period.
6144
6145 Section 80. Subsection B of Section 23.76.040 of the Seattle Municipal Code, which section was last amended by Ordinance 122497, is amended as follows:
6146
6147 23.76.040 Applications for Council land use decisions((~~ .~~))
6148
6149 * * *
6150
6151 B. All applications for Council land use decisions shall be made to the Director on a form provided by the Department. ((~~The Director shall:~~))
6152
6153 1. ((~~for~~)) For  Council land use decisions that do not include a design review component and are not applications for Major Institution Master Plans,  the Director shall  transmit notice of the application to the City Clerk for filing with the City Council promptly after the application is first submitted.
6154
6155 2. ((~~for~~)) For  Council land use decisions that include a design review component  the Director shall :
6156
6157 a. For applications subject to design review by the Design Review Board, transmit notice of the early design guidance public meeting to the City Clerk for filing with the City Council promptly at the same time public notice is provided.
6158
6159 b. For applications subject to ((~~administrative~~)) design review  pursuant to Sections 23.41.016 or 23.41.018 , transmit notice of the application to the City Clerk for filing with the City Council promptly after the applicant applies to begin the early design guidance  or SDR design guidance process.
6160
6161 3. ((~~for~~)) For  applications for Major Institution Master Plans,  the Director shall transmit the notice of intent to prepare a master plan to the City Clerk for filing with the City Council promptly after the notice of intent is received.
6162
6163 * * *
6164
6165 Section 81. Section 23.84A.002 of the Seattle Municipal Code, which section was last amended by Ordinance 123378, is amended to add definitions, to be inserted in alphabetical order, and to amend a definition, as follows:
6166
6167 23.84A.002 "A"
6168
6169 * * *
6170
6171 "Amenity area" means space that provides opportunity for active or passive recreational activity for residents of a development or structure, including landscaped open spaces, decks and balconies, roof gardens, plazas, courtyards, play areas, and sport courts.
6172
6173 "Amenity area, common" means amenity area that is available for use by all occupants of a residential use.
6174
6175 " Amenity area, private " means amenity area that is intended to be used only by the occupants of one dwelling unit.
6176
6177 * * *
6178
6179 "Apartment" ((~~means a multi-family structure in which one (1) or more of the dwelling units is not ground-related~~)) See "Residential use" .
6180
6181 * * *
6182
6183 "Assisted living unit" is a dwelling unit in an assisted living facility that meets the size and physical requirements required by WAC 388-110-140.
6184
6185 * * *
6186
6187 Section 82. Section 23.84A.006 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, is amended to add definitions, to be inserted in alphabetical order, to delete a definition, and to amend a definition, as follows:
6188
6189 23.84A.006 "C"
6190
6191 * * *
6192
6193 "Carriage house" means a dwelling unit in a carriage house structure.
6194
6195 "Carriage house structure" means a structure within a cottage housing development, in which one or more dwelling units are located on the story above an enclosed parking garage at ground level that either abuts an alley and has vehicle access from that alley, or is located on a corner lot and has access to the parking in the structure from a driveway that abuts and runs parallel to the rear lot line of the lot. See also "Carriage house".
6196
6197 * * *
6198
6199 ((~~ "Cluster development" means a development containing two (2) or more principal structures on one (1) lot, except that a cottage housing development is not considered a cluster development. In Highrise zones, two (2) or more towers on one (1) base structure will be considered a cluster development.~~))
6200
6201 * * *
6202
6203 "Cottage" means a single-family dwelling unit located in a cottage housing development.
6204
6205 "Cottage housing development" . See "Residential use".  ((~~means a development consisting of at least four (4) cottages that are 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.~~))
6206
6207 * * *
6208
6209 Section 83. Section 23.84A.010 of the Seattle Municipal Code, which section was last amended by Ordinance 122411, is amended to delete a definition as follows:
6210
6211 23.84A.010 "E"
6212
6213 * * *
6214
6215 ((~~ "Elevated walkway" means a pedestrian walkway connecting structures within a cluster development and located above existing grade.~~))
6216
6217 * * *
6218
6219 Section 84. Section 23.84A.012 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended to add a definition, to be inserted in alphabetical order, to delete a definition, and to amend two definitions, as follows:
6220
6221 23.84A.012 "F"
6222
6223 * * *
6224
6225 "Facade, interior" means any facade of a structure ((~~within a cluster development,~~)) that faces, or portions of which face, the facade(s) of another structure(s) ((~~within the same development~~))  located on the same lot .
6226
6227 ((~~ "Facade, perimeter" means any facade of a structure within a cluster development, that is either a front, rear or side facade.~~))
6228
6229 * * *
6230
6231 "Facade, street-facing" means for any street lot line, all portions of the facade,  measured from grade to the eaves of a sloping roof, or to the top of the parapet on a flat roof,  ((~~including modulations,~~)) that are:
6232
6233 1. oriented at less than a ((~~ninety (~~))90((~~ )~~)) degree angle to the street lot line; and
6234
6235 2. not separated from the street lot line by  another lot, or any structure  except a fence, ramp, solar collector, or sign ((~~or another lot~~)).
6236
6237 * * *
6238
6239 "Frequent transit service." See "Transit service, frequent."
6240
6241 * * *
6242
6243 Section 85. Section 23.84A.014 of the Seattle Municipal Code, which section was last amended by Ordinance 123378, is amended to delete two definitions as follows:
6244
6245 23.84A.014 "G"
6246
6247 * * *
6248
6249 ((~~ "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.~~
6250
6251~~ "Ground-related structure" means a structure containing only ground-related dwelling units.~~))
6252
6253 * * *
6254
6255 Section 86. Section 23.84A.024 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is amended to add a definition as follows:
6256
6257 23.84A.024 "L"
6258
6259 * * *
6260
6261 "Lot grade, existing" means the natural surface contour of a lot, as modified by minor adjustments to the surface of the lot in preparation for construction.  For purposes of this definition, on a lot where excavation has occurred for previous development, the interpolated grade based on existing grade elevations at the lot lines may be considered the natural surface contour of the lot. Where an area in excess of two acres has been legally regraded, the resulting grade shall be considered the existing lot grade.
6262
6263 * * *
6264
6265 "Lot line, alley" means a lot line that abuts upon an alley.
6266
6267 * * *
6268
6269 Section 87. Section 23.84A.025 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, is amended, as follows:
6270
6271 Section 23.84A.025 "M"
6272
6273 * * *
6274
6275 "Multifamily  residential structure((~~ .~~))" ((~~See "Residential use.~~"))  means a structure containing only multifamily residential uses and permitted uses accessory to the multifamily residential uses.
6276
6277 * * *
6278
6279 Section 88. Section 23.84A.032 of the Seattle Municipal Code, which section was last amended by Ordinance 122935, is amended to delete definitions, amend definitions, and add new definitions, to be inserted in alphabetical order, as follows:
6280
6281 23.84A.032 "R."
6282
6283 * * *
6284
6285 ((~~ "Residential amenity" means an area that provides opportunity for recreational activity for residents of a development or structure.~~))
6286
6287 * * *
6288
6289 "Residential district identification sign" means an off- premises sign that gives the name of the group of residential structures, such as a subdivision ((~~or cluster development~~)).
6290
6291 * * *
6292
6293 "Residential use" means any one or more of the following:
6294
6295 1. "Accessory dwelling unit" means ((~~a residential use in an additional room or set of~~))  one or more  rooms  that (a) are located within an owner-occupied ((~~single family residence~~))  dwelling unit, or within an accessory structure on the same lot as an owner- occupied ((~~single-family residence~~))  dwelling unit; ((~~ ,~~))  (b) ((~~meeting~~))  meet  the standards of Section 23.44.041  or 23.45.545;  ((~~and~~))  (c) are designed, arranged,  and ((~~occupied or~~)) intended to be occupied by not more than one household as living accommodations independent from any other household ; and (d) are so occupied or vacant .
6296
6297 2. "Adult family home" means ((~~a residential use as~~))  an adult family home  defined and licensed as such by The State of Washington in a dwelling unit.
6298
6299 3. "Apartment" means a multifamily residential use that is not a cottage housing development, rowhouse development, or townhouse development.
6300
6301 ((~~3~~)) 4 . "Artist's 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.
6302
6303 ((~~4~~)) 5 . "Assisted living facility" means a use licensed by The State of Washington as a boarding home pursuant to RCW 18.20,  that contains at least two assisted living units 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.~~))  See "Assisted living unit."
6304
6305 ((~~5~~)) 6 . "Caretaker's quarters" means a use accessory to a nonresidential use consisting of a dwelling unit not exceeding 800 square feet of living area and occupied by a caretaker or watchperson.
6306
6307 ((~~6. "Carriage House" means a residential use in a carriage house structure.~~))
6308
6309 ((~~7~~)) 7 . "Congregate residence" means a use in which rooms or lodging, with or without meals, are provided for nine or more non- transient persons not constituting a single household, excluding single-family ((~~residences~~))  dwelling units  for which special or reasonable accommodation has been granted.
6310
6311 8. "Cottage housing development" means a use consisting of cottages arranged on at least two sides of a common open space or a common amenity area. A cottage housing development may include a carriage house structure. See "Cottage,","Carriage house," and "Carriage house structure."
6312
6313 ((~~8~~)) 9 . "Detached accessory dwelling unit" means ((~~a residential use in an additional room or set of rooms located within an accessory structure on the same lot as an owner- occupied single-family residence 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~~))  an accessory dwelling unit in an accessory structure .
6314
6315 ((~~9~~)) 10 . "Domestic violence shelter" means a dwelling unit managed by a nonprofit organization, which unit provides housing at a confidential location and support services for victims of ((~~family~~))  domestic  violence.
6316
6317 ((~~10~~)) 11 . "Floating home" means a dwelling unit constructed on a float that is moored, anchored or otherwise secured in the water.
6318
6319 ((~~11~~)) 12 . "Mobile home park" means ((~~a use in which~~)) a tract of land  that is rented for the use of more than one mobile home occupied as a dwelling unit.
6320
6321 ((~~12~~)) 13 . "Multifamily residential use" means  a use consisting of two or more dwelling units in a structure or  ((~~that~~)) portion of a structure ((~~containing two or more dwelling units~~)), excluding ((~~single family residences and~~)) accessory dwelling units.
6322
6323 ((~~13~~)) 14 . "Multifamily residential use, low-income disabled" means a multifamily residential use in which at least 90 percent of the dwelling units are occupied by one or more persons who have a handicap as defined in the Federal Fair Housing Amendments Act and who constitute a low-income household.
6324
6325 ((~~14~~)) 15 . "Multifamily residential use, low-income elderly" means a residential use in which at least 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 household.
6326
6327 ((~~15~~)) 16 . "Multifamily residential use, low-income elderly/low-income disabled" means a multifamily residential use in which at least 90 percent of the dwelling units (not including vacant units) are occupied by a low-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.
6328
6329 ((~~16. "Multifamily residential use, very low-income disabled" means a multifamily residential use in which at least 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 very low-income household."~~
6330
6331~~17. "Multifamily residential use, very low-income elderly" means a residential use in which at least 90 percent of the dwelling units are occupied by one or more persons sixty-two or more years of age who constitute a very low-income household.~~
6332
6333~~18. "Multifamily residential use, very low-income elderly/very low-income disabled" means a multifamily residential use in which at least 90 percent of the dwelling units (not including vacant units) are occupied by a very low-income household that includes a person who has a handicap as defined in the Federal Fair Housing Amendments Act or a person sixty-two 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.~~))
6334
6335 ((~~19~~)) 17 . "Nursing home" means a ((~~residence, licensed by the state,~~))  use licensed by The State of Washington as a nursing home , which provides full-time convalescent and/or chronic care for individuals who, by reason of chronic illness or infirmity, are unable to care for themselves, but that does not provide care for the acutely ill or surgical or obstetrical services. This definition excludes hospitals or sanitariums.
6336
6337 19. "Rowhouse Development" means a multifamily residential use in which: (a) each dwelling unit occupies the space from the ground to the roof of the structure in which it is located; (b) no portion of a dwelling unit occupies space above or below another dwelling unit, except for dwelling units constructed over a shared parking garage; (c) each dwelling unit is attached along at least one common wall to at least one other dwelling unit, or abuts another dwelling unit on a common lot line; (d) the front of each dwelling unit faces a street; (e) each dwelling unit provides pedestrian access directly to the street that it faces; and (f) there is no intervening principal structure between any dwelling unit and the street, or between any dwelling unit and a lot line.
6338
6339 ((~~20~~)) 20 . "Single-family ((~~residence~~)) dwelling unit " means ((~~a residential use in~~))a detached structure having a permanent foundation , containing one dwelling unit, except that the  ((~~The~~))structure may also contain an accessory dwelling unit where expressly authorized pursuant to this ((~~title~~)) Title 23 . A detached accessory dwelling unit is not considered a single-family ((~~residence~~))  dwelling unit for purposes of this ((~~chapter~~))  Chapter 23.84A .
6340
6341 21. "Townhouse Development" means a multifamily residential use that is not a rowhouse development, and in which: (a) each dwelling unit occupies the space from the ground to the roof of the structure in which it is located; (b) no portion of a dwelling unit occupies space above or below another dwelling unit, except for dwelling units constructed over a shared parking garage; and (c) each dwelling unit is attached along at least one common wall to at least one other dwelling unit, or abuts another dwelling unit on a common lot line.
6342
6343 * * *
6344
6345 "Rowhouse development." See "Residential use."
6346
6347 "Rowhouse unit" means a dwelling unit in a rowhouse development.
6348
6349 * * *
6350
6351 Section 89. Section 23.84A.036 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is amended to add a definition, to be inserted in alphabetical order, as follows:
6352
6353 Section 23.84A.036 "S"
6354
6355 * * *
6356
6357 "Structure, multifamily residential." See "Multifamily residential structure."
6358
6359 * * *
6360
6361 Section 90. Section 23.84A.038 of the Seattle Municipal Code, which section was last amended by Ordinance 123378, is amended to add definitions, to be inserted in alphabetical order, delete definitions, and amend definitions, as follows:
6362
6363 23.84A.038 "T"
6364
6365 "Tandem houses" means two ((~~ (2)~~)) unattached ((~~ground-related~~))  single-family  dwelling units occupying the same lot.
6366
6367 * * *
6368
6369 ((~~ "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.~~))
6370
6371 * * *
6372
6373 "Townhouse" ((~~means a form of ground-related housing in which individual dwelling units are attached along at least one (1) common wall to at leas 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.~~)) See "Residential use."
6374
6375 "Townhouse unit" means a dwelling unit in a townhouse development.
6376
6377 * * *
6378
6379 "Transit service, frequent" means transit service headways in at least one direction of 15 minutes or less for at least 12 hours per day, 6 days per week, and 30 minutes or less for at least 18 hours every day.
6380
6381 * * *
6382
6383 Section 91. Section 23.84A.040 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:
6384
6385 23.84A.040 "U."
6386
6387 "Underground" means entirely below the surface of the earth , measured from existing or finished grade, whichever is lower,  excluding access.
6388
6389 * * *
6390
6391 Section 92. Section 23.84A.044 of the Seattle Municipal Code, which section was last amended by Ordinance 123021, is amended to add a new definition to be inserted in alphabetical order, as follows:
6392
6393 23.84A.044 "W"
6394
6395 * * *
6396
6397 "Woonerf" means a common space shared by pedestrians, bicyclists and vehicles, used for vehicular access, in which amenities such as trees, planters, and seating serve to impede vehicular movement and provide opportunities for outdoor use by occupants of abutting structures. A woonerf is intended and designed to prioritize pedestrian movement and safety, through features such as pavers and pervious ground surfaces that slow vehicular movement.
6398
6399 * * *
6400
6401 Section 93. Section 23.84A.048 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:
6402
6403 23.84A.048 "Z"
6404
6405 * * *
6406
6407 "Zone, lowrise" means  a zone with a classification that includes any of the following: ((~~Lowrise Duplex/Triplex,~~)) Lowrise 1, Lowrise 2,  or Lowrise 3 ((~~and Lowrise 4 multifamily residential zones~~)), which classification also may include one or more suffixes.
6408
6409 "Zone, multifamily" means a zone with a classification that includes any of the following: ((~~Lowrise Duplex/Triplex (LDT),~~)) Lowrise 1 (L R 1), Lowrise 2 (L R 2), Lowrise 3 (L R 3), ((~~Lowrise 4 (L4),~~)) Midrise (MR), Midrise/85 (MR/85), or Highrise (HR), which classification also may include one or more suffixes.
6410
6411 * * *
6412
6413 "Zone, residential" means a zone with a classification that includes any of the following: SF9600, SF7200, SF5000, RSL, ((~~LDT, L1, L2, L3, L4~~))  LR1, LR2, LR3 , MR, HR, RC, DMR ,  and IDR, which classification also may include one or more suffixes, but not including any zone with an RC designation.
6414
6415 * * *
6416
6417 Section 94. The title of Section 23.86.006 of the Seattle Municipal Code, and subsections A and D of Section 23.86.006, which section was last amended by Ordinance 123206, are amended as follows:
6418
6419 23.86.006 Structure height  measurement
6420
6421 A. ((~~Height measurement technique in~~)) In all zones except downtown zones and  zones within the South Lake Union ((~~Hub Urban Village~~))  Urban Center , and  except for the Living Building Pilot Program authorized by Section 23.40.060((~~ .~~)) , unless otherwise specified, the height of structures shall be measured according to this subsection 23.86.006.A.
6422
6423 1. General rule. Except as otherwise specified, the height of a structure is the difference between the elevation of the highest point of the structure not excepted from applicable height limits and the average grade level. In this subsection 23.86.006.A, "average grade level" means the average of the elevation of existing lot grades at the midpoints, measured horizontally, of each exterior walls of the structure, except as provided in subsection 23.86.006.A.2.
6424
6425 2. Height measurement on sloping lots.
6426
6427 a. The calculation of structure height in subsection 23.86.006.A.1 may be modified, at the discretion of the applicant, on sloping lots for which the elevation at the higher corner of at least one exterior wall is at least 20 feet higher than the elevation at the lower corner of that wall.
6428
6429 b. If the condition of subsection 23.86.006.A.2.a is satisfied, then the height measurement method may be modified as follows:
6430
6431 1) Draw the smallest rectangle that encloses the principal structure.
6432
6433 2) Divide one side of the rectangle into equal segments at least 15 feet in length.
6434
6435 3) The lines used to divide the length of the structure into individual segments shall be perpendicular to the side of the rectangle used to determine the difference in elevation in subsection 23.86.006.A.2.a and extend as a vertical plane from the ground to the sky.
6436
6437 4) The maximum height for each segmented portion of the structure shall be measured from the average grade level for each segmented portion of the structure, which shall be calculated as the average elevation of existing lot grades at the midpoints of the two opposing exterior walls of each segmented portion of the structure.
6438
6439 ((~~1. The height shall be measured at the exterior walls of the structure. Measurement shall be taken at each exterior wall from the existing or finished grade, whichever is lower, up to a plane essentially parallel to the existing or finished grade. For determining structure height, the exterior wall shall include a plane between supporting members and between the roof and the ground. The vertical distance between the existing grade, or finished grade, if lower, and the parallel plane above it shall not exceed the maximum height of the zone.~~
6440
6441~~2. When finished grade is lower than existing grade, in order for an upper portion of an exterior wall to avoid being considered on the same vertical plane as a lower portion, it must be set back from the lower portion a distance equal to two (2) times the difference between existing and finished grade on the lower portion of the wall (Exhibit 23.86.006 A1).~~
6442
6443~~3. Depressions such as window wells, stairwells for exits required by other codes, "barrier free" ramps on grade, and vehicle access driveways into garages shall be disregarded in determining structure height when in combination they comprise less than fifty percent (50%) of the facade on which they are located. In such cases, the grade for height measurement purposes shall be a line between the grade on either side of the depression.~~
6444
6445~~4. No part of the structure, other than those specifically exempted or excepted under the provisions of the zone, shall extend beyond the plane of the maximum height limit.~~
6446
6447~~5. Underground portions of structures are not included in height calculations. The height of structures shall be calculated from the point at which the sides meet the surface of the ground.~~))
6448
6449 * * *
6450
6451 ((~~D. Additional Height on Sloped Lots.~~
6452
6453~~1. In certain zones, additional height shall be permitted on sloped lots at the rate of one foot (1') for each six percent (6%) of slope. For the purpose of this provision, the slope shall be measured from the exterior wall with the greatest average elevation at existing grade, to the exterior wall with the lowest average elevation at existing grade. The slope shall be the difference between the existing grade average elevations of the two (2) walls, expressed as a percentage of the horizontal distance between the two (2) walls.~~
6454
6455~~2. This additional height shall be permitted on any wall of the structure, provided that on the uphill side(s) of the structure, the height of the wall(s) shall be no greater than the height limit of the zone (Exhibit 23.86.006 A2).~~
6456
6457~~3. Structures on sloped lots shall also be eligible for the pitched roof provisions applicable in the zone.~~))
6458
6459[Exhibit 23.86.006 A1](/~ordpics/117014_exhibit23a.gif)
6460
6461[Exhibit 23.86.006 A2](/~ordpics/117014_exhibit23b.gif)
6462
6463 * * *
6464
6465 Section 95. Section 23.86.007 of the Seattle Municipal Code, which section was last amended by Ordinance 115326, is amended as follows:
6466
6467 23.86.007 Gross floor area and floor area ratio  measurement ((~~ .~~))
6468
6469 A. Certain items may be exempted from calculation of gross floor area of a structure. ((~~When~~))  Except as otherwise expressly provided in this Title 23, if gross floor area  of underground stories or portions of stories  ((~~below grade~~)) is exempted, the amount of below-grade  gross  floor area ((~~shall be~~))  is  measured as follows:
6470
6471 1. ((~~The existing grade of the lot shall be established by the elevations of the perimeter lot lines of the lot.~~))  An underground story is that story or portion of a story for which the finished floor next above, or the roof surface if there is no next floor above, is at or below the abutting existing or finished grade, whichever is lower (See Exhibit A for 23.86.007).
6472
6473 2. To determine the amount of gross floor area ((~~which~~))  that  is below grade : ((~~ , find the point where the ceiling of each floor intersects the existing grade elevation. Draw a line perpendicular to the point of intersection. All gross floor area behind this line shall be considered below- grade (see Exhibit 23.86.007 A)~~)).
6474
6475 a. determine the elevation of the finished floor of the story next above the underground story, or the roof surface if there is no next floor above the underground story;
6476
6477 b. determine the points along the exterior wall of the story where the finished floor elevation or roof surface elevation above intersects the abutting corresponding existing or finished grade elevation, whichever is lower;
6478
6479 c. draw a straight line across the story connecting the two points on the exterior walls;
6480
6481 d. the gross floor area of an underground story or portion of an underground story is the area that is at or below the straight line drawn in step 23.86.007.A.2.c above.
6482
6483~~[Exhibit A for 23.86.007: Floor Area Below Grade](/~ordpics/117014_2386007oldexa.gif)~~
6484
6485[Exhibit A for 23.86.007: Floor Area Below Grade](/~ordpics/117014_2386007exa.gif)
6486
6487 B. Pursuant to subsection 23.45.510.E, for certain structures in multifamily zones, portions of a story that extend no more than 4 feet above existing or finished grade, whichever is lower, are exempt from calculation of gross floor area. The exempt gross floor area of such partially below- grade stories is measured as follows:
6488
6489 1. determine the elevation 4 feet above the finished floor of the story next above the partially below- grade story, or 4 foot above the roof surface if there is no next floor above the partially below-grade story;
6490
6491 2. determine the points along the exterior wall of the story where the elevation determined in step 23.86.007.B.1 above intersects the abutting corresponding existing or finished grade elevation, whichever is lower;
6492
6493 3. draw a straight line across the story connecting the two points on the exterior walls;
6494
6495 4. the gross floor area of the partially below- grade story or portion of a partially below-grade story is the area of the story that is at or below the straight line drawn in step 23.86.007.B.3 above (See Exhibit B for 23.86.007).
6496
6497[Exhibit B for 23.86.007: Floor Area for Partially Below Grade Stories for Certain Structures in Multifamily Zones ](/~ordpics/117014_2386007exb.gif)
6498
6499 C. Public rights-of-way ((~~shall not be~~))  are not  considered part of a lot when calculating floor area ratio; ((~~provided~~))  except  that ((~~when~~))  if dedication of right-of-way is required  as a condition of a proposed development , the area of dedicated right-of-way is included  ((~~permitted floor area ratio shall be calculated before the dedication is made~~)).
6500
6501 D. If a lot is in more than one zone, the FAR limit for each zone applies to the portion of the lot located in that zone.
6502
6503 E. In LR zones, if more than one category of residential use is located on a lot, the FAR limit for each category of residential use is based on each category's percentage of total structure footprint area, as follows:
6504
6505 1. Calculate the footprint, in square feet, for each category of residential use. For purposes of this calculation, "footprint" is defined as the horizontal area enclosed by the exterior walls of the structure.
6506
6507 2. Calculate the total square feet of footprint of all categories of residential uses on the lot.
6508
6509 3. Divide the square footage of the footprint for each category of residential structure (subsection 23.86.007.D.1 above) by the total square feet of footprints of all residential uses (subsection 23.86.007.D.2 above).
6510
6511 4. Multiply the percentage calculated in subsection 23.86.007.D.3 for each housing category by the area of the lot. The result is the area of the lot devoted to each housing category.
6512
6513 5. The FAR limit for each category of residential use is the applicable one for that use multiplied by the percentage calculated in subsection 23.86.007.E.4.
6514
6515 Section 96. Section 23.86.012 of the Seattle Municipal Code, which section was last amended by Ordinance 115326, is amended as follows:
6516
6517 23.86.012  Multifamily zone setback measurement  ((~~Setbacks in multifamily zones.~~))
6518
6519 A. Setback Averaging. In multifamily zones, certain required setbacks may be averaged. In such cases the following provisions apply:
6520
6521 a. The average front and rear setbacks are calculated based on the entire width of the structure;
6522
6523 b. The average side setbacks are calculated based on the entire depth of the structure;
6524
6525 c. Setbacks are measured horizontally from the lot line to the facade of the structure, at the point that the structure meets the ground.
6526
6527 ((~~A~~)) B .  Determining ((~~F~~)) f ront ((~~S~~)) s etbacks  for institutions .
6528
6529 ((~~1. Determining Front Setback~~~~Requirements. Front setback requirements are presented in the development standards for each zone. Where~~))  In LR zones, the minimum required front setback  for institutions is ((~~to be~~)) determined by averaging the setbacks of structures on either side of the subject lot,  as follows  ((~~the following provisions shall apply~~)):
6530
6531 ((~~a~~)) 1 . The required ((~~depth of the~~)) front setback ((~~shall be~~))  is  the average of the distance s  between principal structures and front lot lines of the nearest principal structures on each side of the subject lot  if each of those structures is on the same block front as the subject lot and is within 100 feet of the side lot lines of the subject lot  (Exhibit  A for 23.86.012((~~A~~))).
6532
6533[Exhibit A for 23.86.012: Front Setback Averaging for Institutions](/~ordpics/117014_2386012exa.gif)
6534
6535 ((~~b. The setbacks used for front setback averaging shall be on the same block front as the subject lot, and shall be the front setbacks of the nearest principal structures within one hundred (100) feet of the side lot lines of the subject lot.~~))
6536
6537 2. If the first principal structure within 100 feet of a side lot line of the subject lot is not on the same block front or there is no principal structure within 100 feet of the side lot line, the setback depth used for averaging purposes on that side is 7 feet.
6538
6539 ((~~c~~)) 3 . For averaging purposes,  the front setback ((~~depth shall be~~))  is  ((~~measured~~))  the shortest distance  from the front lot line to the nearest wall or, where there is no wall, the plane between supports ((~~which~~))  that span  ((~~comprises twenty (20)~~))  20  percent or more of the width of the front facade of the principal structure ((~~on either side~~)). Attached garages and enclosed porches ((~~shall be~~))  are  considered part of the principal structure for measurement purposes. Decks less than ((~~eighteen (18)~~))  18  inches above existing grade, uncovered porches, eaves, attached solar collectors and other similar parts of the structure ((~~shall not be~~))  are not  considered part of the principal structure. ((~~When the front facade of the principal structure is not parallel to the front lot line, the shortest distance from the front lot line to the structure shall be used for averaging purposes.~~))
6540
6541 ((~~d~~)) 4 . ((~~When~~))  If  there is a dedication of street right-of-way to bring the street abutting the lot closer to the minimum widths established in Section 23.53.015, for averaging purposes the amount of dedication ((~~shall be~~))  is  subtracted from the front setbacks of the structures on either side.
6542
6543 ((~~e. When the first principal structure within one hundred feet (100') of a side lot line of the subject lot is not on the same block front or when there is no principal structure within one hundred feet (100') of the side lot line, the setback depth used for averaging purposes on that side shall be ten feet (10').~~))
6544
6545 ((~~f.~~))  5.  ((~~When~~))  If  the front setback of the first principal structure within ((~~one hundred feet (100')~~))  100 feet  of the side lot line of the subject lot exceeds ((~~twenty feet (20')~~))  20 feet , the setback depth used for averaging purposes on that side ((~~shall be~~))  is  ((~~twenty feet (20')~~))  20 feet .
6546
6547 ((~~g.~~))  6.  In cases where the street is very steep or winding, the Director ((~~shall~~))  will  determine which adjacent structures should be used for averaging purposes.
6548
6549 ((~~h.~~))  7.  In the case of a through lot, the ((~~requirement for~~)) front setback ((~~shall be~~))  is  determined independently for each street frontage. The measurement techniques of this section  23.86.012  ((~~shall be applied for~~))  apply to  each street frontage separately.
6550
6551 ((~~i.~~))  8.  For ((~~cluster~~~~development~~))  multiple structures on the same lot , the front setback of a principal structure on the same lot may be used for averaging purposes.
6552
6553 ((~~2. Front Setback Averaging. In certain zones the required front setback may be averaged. In such cases the following provisions shall apply:~~
6554
6555~~a. The average distance from the front lot line to the facade shall satisfy the minimum front setback requirement. The front setback shall be is averaged for the entire width of the structure, except that areas which are farther than three (3) times the required front setback from the front lot line shall not be calculated in the front setback.~~
6556
6557~~b. Portions of the facade at existing grade shall be used in determining the average setback.~~
6558
6559~~c. Projections of the front facade which begin at least eight feet (8') above finished grade and project four feet (4') or less from the lower portion of the facade shall not be included in the setback averaging. For such projections which project more than four feet (4') from the lower portion of the facade, only the first four feet (4') shall be exempt from the averaging calculation. This provision applies to such features as cantilevered floor area, decks and bay windows. Eaves, gutters and cornices are permitted to project eighteen inches (18") beyond any front facade without being counted in averaging.~~))
6560
6561 ((~~3. Measuring Street-facing Setbacks for Institutions and Public Facilities in Multifamily Zones.~~
6562
6563~~a. In multifamily zones, the depth of setback from a street lot line may be averaged along the width and height of the facade for institutions and public facilities, as an alternative providing greater design flexibility than standard modulation requirements.~~
6564
6565~~b. This average setback shall be calculated by dividing the three (3) dimensional volume of setback by the area of the structure facade.~~
6566
6567~~ (1) Find the sum of volumes within the space defined by extension of the roof line, the planes of the side walls, and the vertical extension of the front lot line; and~~
6568
6569~~ (2) Divide this sum by the area of the street-facing facade, calculated as the product of facade height and facade width (Exhibit 23.86.012 B~~))).
6570
6571 ((~~[Exhibit B for 23.86.012: Average Facade Setback, Institutions and Public Facilities](/~ordpics/117014_2386012oldexb.gif)~~))
6572
6573 ((~~B. Rear Setbacks. In Midrise zones applicants are given an option in multifamily zones to provide a minimum rear setback of ten feet (10') which must be modulated, or an averaged rear setback of at least fifteen feet (15'). The following provisions shall apply when the applicant has chosen to provide an averaged rear setback of at least fifteen feet (15'):~~
6574
6575~~1. All projections of the facade shall be included in averaging the rear setback, with the exception of eaves, gutters and cornices which project eighteen inches (18") or less from the facades.~~
6576
6577~~2. The rear setback shall be averaged for the entire width of the structure.~~
6578
6579~~C. Side Setbacks.~~
6580
6581~~ ((1. Side setbacks requirements are presented in the standard development requirements for each zone. Side setback requirements are based on the height and the depth of a structure. Where two (2) or more structures are connected by elevated walkways, structure depth shall be determined by the combined depth of the structures connected by the elevated walkway, not including the walkway itself.~~
6582
6583~~2. Side Setback Averaging. In certain cases where specifically permitted, the side setback requirement may be satisfied by averaging the distance from side lot line to structure facade for the depth of the structure. In those cases the following provisions shall apply:~~
6584
6585~~a. The side setback shall be measured horizontally from side lot line to the side facade of the structure.~~
6586
6587~~b. The side setback shall be averaged for the entire depth of the structure , except that areas which are farther than two (2) times the required average side setback from the side lot line shall not be counted as part of the side setback (Exhibit 23.86.012 C.)~~
6588
6589~~C. Setbacks Between Structures in Cluster Developments. Required setbacks in cluster developments are specified in each multifamily zone. In certain cases, the setback requirement may be satisfied by averaging the distance between the portions of the facades which face each other. In those cases the following provisions apply:~~
6590
6591~~1. The setback shall be measured horizontally from one (1) facade to the other.~~
6592
6593~~2. The setback shall be averaged across the width of those portions of the facades which face each other.~~))
6594
6595 ((~~[Exhibit 23.86.012 C: Side Setback Averaging](/~ordpics/117014_2386012oldexc.gif)~~))
6596
6597 Section 97. Section 23.86.014 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:
6598
6599 23.86.014 Structure ((~~W~~)) w idth  measurement ((~~ .~~))
6600
6601 A. Structure width  is measured as follows:  ((~~shall be measured by the following method:~~))
6602
6603 1. Draw ((~~a~~))  the smallest  rectangle that encloses the principal structure.
6604
6605 2. Structure width ((~~shall be~~))  is  the length of the side of that rectangle most closely parallel to the front lot line (Exhibit  A for 23.86.014((~~A~~))).
6606
6607~~[Exhibit A for 23.86.014: Structure Width](/~ordpics/117014_2386014oldexa.gif)~~
6608
6609[Exhibit A for 23.86.014: Structure Width](/~ordpics/117014_2386014exa.gif)
6610
6611 B. Portions of a structure ((~~which shall be~~)) considered part of the principal structure for the purpose of measuring structure width are as follows:
6612
6613 1. Carports and garages attached to the principal structure ,  unless  they are  attached by a structural feature not counted in structure width under subsection  23.86.014. C;
6614
6615 2. Accessory structures, other than carports and garages, that are not listed in subsection 23.86.014.C, if they are less than 3 feet from the principal structure at any point;
6616
6617 ((~~2~~)) 3 . Exterior corridors, hallways , and  ((~~or~~)) open, above-grade walkways((~~ , except portions which are elevated walkways connecting structures in a cluster development~~));
6618
6619 ((~~3~~)) 4 . Enclosed porches, decks, balconies and other enclosed projections;  and
6620
6621 ((~~4. Chimneys used to meet modulation requirements;~~))
6622
6623 5. ((~~Modulated and projecting~~))  Projecting  segments of a facade unless ((~~excluded~~))  they are not counted in structure width  in subsection  23.86.014. C.
6624
6625 C. Portions of a structure ((~~which shall not be~~))  that are not  considered part of the principal structure for the purpose of measuring structure width are as follows:
6626
6627 1.  The first 4 feet of eaves ((~~Eaves~~)), cornices , and gutters ((~~provided~~)) that  project ((~~when such features project more than eighteen (18") inches~~)) from an exterior wall ((~~only eighteen ((18) inches shall be excluded in the measurement of structure width~~));
6628
6629 ((~~2. The portion of elevated walkways connecting buildings in cluster developments;~~))
6630
6631 ((~~3~~)) 2 . ((~~Chimneys not used to meet modulation requirements~~))  The first ((~~provided that only eighteen (~~))18((~~ )~~)) inches  of chimneys that project from an exterior wall ((~~shall be excluded in the measurement of structure width~~));
6632
6633 ((~~4~~)) 3 . Attached solar greenhouses meeting minimum  energy standards administered by the Director;
6634
6635 ((~~5~~)) 4 . ((~~Unenclosed~~))  The first 4 feet of unenclosed  decks, balconies and porches, ((~~ten (10) feet or less above existing grade,~~)) unless located on the roof of an attached garage or carport included in structure width in subsection  23.86.014. B . 1 ((~~of this section~~));
6636
6637 ((~~6. Unenclosed decks, balconies and porches, more than ten (10) feet above existing grade, provided that when such features project more than four (4) feet from an exterior wall, only four (4) feet shall be excluded in the measurement of structure width. Such features shall be excluded whether or not used to meet modulation requirements)); and~~))
6638
6639 ((~~7~~)) 5 . Arbors, trellises ,  and similar features((~~ .~~)) ; and
6640
6641 6. In Lowrise zones, portions of a structure that are exempt from FAR limits pursuant to subsection 23.45.510.E.5.
6642
6643 Section 98. A new Section 23.86.015 is added to the Seattle Municipal Code as follows:
6644
6645 23.86.015 Maximum facade length measurement
6646
6647 A. In Lowrise zones, the length of certain facades is limited by development standards. Facade length is measured as follows:
6648
6649 1. Draw a line parallel to, and 15 feet from, the lot line along which the length of a facade is limited.
6650
6651 2. For each portion of a structure that located between the line drawn in subsection 23.86.015.A.1 and the lot line, mark the points at which that portion of the structure crosses the line drawn in subsection 23.86.015.A.1, and measure the distance between those points.
6652
6653 3. The facade length limit applies to the sum of the lengths of the portions of structure(s) measured in subsection 23.86.015.A.2 (see Exhibit A and Exhibit B for 23.86.015).
6654
6655[Exhibit A for 23.86.015 Facade Length](/~ordpics/117014_2386015exa.gif)
6656
6657[Exhibit B for 23.86.015 Facade Length](/~ordpics/117014_2386015exb.gif)
6658
6659 B. Portions of a structure that are included in facade length measurement include:
6660
6661 1. Carports and garages attached to the principal structure, unless they are attached by a structural feature not counted in structure width under subsection 23.86.015.C;
6662
6663 2. Accessory structures, other than carports and garages, that are not listed in subsection 23.86.014.C, if they are less than 3 feet from the principal structure at any point;
6664
6665 3. Exterior corridors, hallways, and open, above- grade walkways;
6666
6667 4. Projecting segments of a facade unless they are not counted in structure width in subsection 23.86.014.C.
6668
6669 4. Enclosed porches, decks, balconies and other enclosed projections; and
6670
6671 5. Projecting segments of a facade unless excluded in subsection 23.86.015.C.
6672
6673 C. Portions of a structure that are not included in facade length measurement include:
6674
6675 1. Eaves, cornices, and gutters;
6676
6677 2. The first 18 inches of chimneys that project from an exterior wall;
6678
6679 3. Attached solar greenhouses meeting minimum energy standards administered by the Director;
6680
6681 4. The first 4 feet of unenclosed decks, balconies and porches, unless located on the roof of an attached garage or carport included in structure width in subsection 23.86.014.B.1;
6682
6683 5. Arbors, trellises ,  and similar features; and
6684
6685 6. In Lowrise zones, portions of a structure that are exempt from FAR limits pursuant to subsection 23.45.510.E.5.
6686
6687 Section 99. Section 23.86.016 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:
6688
6689 23.86.016 Structure  and lot ((~~D~~)) d epth  measurement ((~~ .~~))
6690
6691 A. ((~~Measuring~~)) Structure ((~~D~~)) d epth((~~ .~~))  is measured as follows  ((~~In certain zones structure depth is limited by development standards. The following provisions shall apply for determining structure depth~~)):
6692
6693 1. ((~~Structure depth shall be measured by the following method  as follows :~~
6694
6695~~a.~~)) Draw ((~~a~~))  the smallest  rectangle that encloses ((~~the~~))  a  principal structure.
6696
6697 ((~~b~~)) 2 . Structure depth ((~~shall be~~))  is  the length of the sides of that rectangle most closely parallel to the side lot lines (Exhibit  A for  23.86.016 ((~~A~~))).
6698
6699 Exhibit  A for 23.86.016 :  ((~~A~~)) Structure Depth
6700
6701~~[Exhibit 23.86.016 A: Structure Depth](/~ordpics/117014_2386016oldexa.gif)~~
6702
6703[Exhibit A for 23.86.016: Structure Depth](/~ordpics/117014_2386016exa.gif)
6704
6705 c. ((~~In Lowrise zones when~~))  If more than one ((~~ (1)~~)) structure is located on a lot and no portion of a structure is behind any portion of another structure and the structures are separated by a minimum of ((~~ten (~~))10((~~ )~~)) feet, the maximum depth of each structure shall be measured individually((~~ .~~))(See Exhibit  B for 23.86.016 ((~~B.~~))) .  When any portion of a structure is behind any portion of another structure then maximum structure depth shall be the combined depth of the  principal structures on the lot.
6706
6707 Exhibit  B for 23.86.016 ((~~B~~)) 23.41.018 : Depth Measurement for Offset Structures
6708
6709~~[Exhibit 23.86.016 B: Structure Depth](/~ordpics/117014_2386016oldexb.gif)~~
6710
6711[Exhibit B for 23.86.016: Depth Measurement for Offset STructures](/~ordpics/117014_2386016exb.gif)
6712
6713 ((~~2~~)) B . Portions of a structure ((~~which shall be~~)) considered part of the principal structure for the purpose of measuring structure depth are as follows:
6714
6715 ((~~a~~)) 1 . Carports and garages attached to the principal structure ,  unless  they are attached by a structural feature not counted in structure depth under subsection  23.86.016.C ((~~A3~~));
6716
6717 ((~~b~~)) 2. Accessory structures, other than carports and garages, that are not listed in subsection 23.86.016.C, if they are less than 3 feet from the principal structure at any point;
6718
6719 3. Exterior corridors, hallways , and  ((~~or~~)) open, above grade walkways((~~ , except portions which are elevated walkways connecting structures in a cluster development~~));
6720
6721 ((~~c~~)) 4 . Enclosed porches, decks, balconies and other enclosed projections , except as provided in subsection 23.43.008.C ;  and
6722
6723 ((~~d. Chimneys used to meet modulation requirements~~));
6724
6725 ((~~e~~)) 5.  ((~~Modulated and projecting~~))  Projecting  segments of a facade unless ((~~excluded~~))  they are not counted in structure depth  in subsection  23.86.016.C ((~~A3;~~)) .
6726
6727 ((~~f. Accessory structures which are less than three (3) feet from the principal structure at any point.~~))
6728
6729 ((~~3~~)) C . Portions of a structure ((~~which shall not be~~))  that are not considered part of the principal structure for the purpose of measuring structure depth are as follows:
6730
6731 ((~~a~~)) 1 . ((~~Eaves~~))  The first 4 feet of eaves , cornices ,  and gutters ((~~provided that when such features project more than eighteen (18) inches~~))  that project from an exterior wall ((~~only eighteen (18) inches shall be excluded in the measurement of the structure depth~~));
6732
6733 ((~~b. The portion of elevated walkways connecting buildings in a cluster development;~~))
6734
6735 ((~~c~~)) 2 . ((~~Chimneys not used to meet modulation requirements~~))  The first  ((~~provided that only eighteen (~~))18((~~ )~~)) inches  of chimneys that project from an exterior wall ((~~shall be excluded in the measurement of structure depth~~));
6736
6737 ((~~d~~)) 3 . Attached solar greenhouses meeting minimum  energy standards administered by the Director;
6738
6739 ((~~e~~)) 4 . ((~~Unenclosed~~))  The first 4 feet of unenclosed decks, balconies and porches, ((~~ten (10) feet or less in height,~~)) unless located on the roof of an attached garage or carport included in structure depth in subsection  23.86.014.B ((~~A2a~~));
6740
6741 5. Arbors, trellises, and similar features; and
6742
6743 ((~~f. Unenclosed decks, balconies and porches, more than ten (10) feet above existing grade, provided that when such features project more than four (4) feet from an exterior wall only four (4) feet shall be excluded in the measurement of structure depth. Such features shall be excluded whether or not used to meet modulation requirements.~~))
6744
6745 6. In Lowrise 3 zones in the Northgate Overlay District, portions of a structure that are exempt from FAR limits pursuant to subsection 23.45.510.E.5.
6746
6747 ((~~B~~)) D . Determining ((~~Maximum Permitted Structure~~))  lot ((~~D~~)) d epth. In certain zones, ((~~structure depth is limited to a percentage of~~))  development standards are based on  lot depth , which is determined as follows:(( ~~ . For those cases the following provisions shall apply~~)):
6748
6749 1. ((~~When~~))  If  the lot is essentially rectangular and has a rear lot line ((~~which is~~)) within ~~fifteen (~~15((~~ )~~)) degrees of parallel to the front lot line, the lot depth ((~~shall be~~))  is  the horizontal distance between the midpoints of the front and rear lot lines (Exhibit  C for 23.86.016((~~C~~))).
6750
6751 2. ((~~When~~))  If  the lot is triangular or wedge-shaped, lot depth shall be the horizontal distance((~~s~~)) between the midpoint of the front lot line and the rear point of the lot. If ((~~such a~~))  the  lot does not actually come to a point, lot depth ((~~shall be~~))  is  measured from midpoint of  the front lot line to the  midpoint of  the rear lot line (Exhibit  C for 23.86.016((~~C~~))).
6752
6753 3. In the case of a through lot, lot depth ((~~shall be~~))  is  measured between  the  midpoint((~~s~~)) of  each  front lot line((~~s~~)).
6754
6755 4. When lot shape is so irregular that ((~~provisions~~))  subsections 23.86.016.D.1 , 2 or 3 cannot be used, lot depth ((~~shall be that~~))  is the  distance equal to the result of lot area divided by length of front lot line, provided that in no case ((~~shall lot~~))  is the  depth  permitted to be greater than the distance from front lot line to the furthest point on the perimeter of the lot (Exhibit  D for 23.86.016((~~D~~))).
6756
6757 Exhibit  C for 23.86.016 :  ((~~C~~)) Measuring Lot Depth
6758
6759~~[Exhibit 23.86.016 C: Measuring Lot Depth](/~ordpics/117014_2386016oldexc.gif)~~
6760
6761[Exhibit C for 23.86.016: Measuring Lot Depth](/~ordpics/117014_2386016exc.gif)
6762
6763 Exhibit  D for 23.86.016 ((~~D~~)) Rear Lot Line Exception
6764
6765~~[Exhibit 23.86.016 D: Rear Lot Line Exception](/~ordpics/117014_2386016oldexd.gif)~~
6766
6767[Exhibit D for 23.86.016: Rear Lot Line Exception](/~ordpics/117014_2386016exd.gif)
6768
6769 ((~~C. Measuring Structural Depth Exceptions. In certain zones, exceptions permit increased structure depth. For those cases total permitted lot coverage shall equal maximum width times maximum depth less the area required for modulation, according to the following provisions:~~
6770
6771~~1. Maximum width shall be considered to be the width of the lot less the total required side setbacks, but shall in no case exceed the maximum width permitted for the housing type and zone. In Lowrise 3 zones, apartments no more than thirty (30) feet in height may have a maximum depth of one hundred (100) feet.~~
6772
6773~~2. Maximum depth shall be considered to be the percentage of lot depth permitted for the proposed housing type.~~
6774
6775~~3. The area of minimum required modulation shall be subtracted from the calculation to determine maximum lot coverage permitted.~~
6776
6777~~4. Eaves, and unenclosed decks, balconies and porches, shall not be calculated as part of lot coverage, provided that when such features project more than four (4) feet from an exterior wall only four (4) feet shall be excluded from the lot coverage calculation.~~))
6778
6779 Section 100. A new Section 23.86.017 of the Seattle Municipal Code is added to read as follows:
6780
6781 23.86.017 Amenity area measurement
6782
6783 Certain zones require a minimum amount of amenity area to be provided on the lot. If amenity area is required, the following provisions shall apply:
6784
6785 A. If the applicable development standards specify a minimum contiguous amenity area, areas smaller than the minimum contiguous area are not be counted toward fulfilling amenity area requirements.
6786
6787 1. Driveways and vehicular access easements, whether paved or unpaved, shall be considered to separate the amenity areas they bisect, except for woonerfs permitted to qualify as required amenity area.
6788
6789 2. Pedestrian access areas shall not be considered to break the contiguity of amenity area on each side.
6790
6791 B. In shoreline areas, when determining the amount of amenity area required or provided, no land waterward of the ordinary high water mark shall be included in the calculation.
6792
6793 C. In cases where the shape or configuration of the amenity area is irregular or unusual, the Director shall determine whether amenity area requirements have been met, notwithstanding the following provisions, based on whether the proposed configuration would result in amenity area that is truly usable for normal residential recreational purposes. For the purpose of measuring the minimum horizontal dimension of the amenity area, if one is specified, the following provisions shall apply:
6794
6795 1. For rectangular or square areas, each exterior dimension of the area shall meet the minimum dimension (Exhibit A for 23.86.017).
6796
6797[Exhibit A for Section 23.86.017: Measurement of Regular Amenity Area](/~ordpics/117014_2386017exa.gif)
6798
6799 2. For circular areas, the diameter of the circle shall meet the minimum dimension; for semicircular areas, the radius of the area shall meet the minimum dimension (Exhibit B for 23.86.017).
6800
6801[Exhibit B for 23.86.017: Measurement of Circular Amenity Areas](/~ordpics/117014_2386017exb.gif)
6802
6803 Section 101. Section 23.86.019 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, is amended as follows:
6804
6805 23.86.019 Green Factor  measurement
6806
6807 A. Development standards for certain areas require landscaping that meets a minimum Green Factor score.  All required landscaping shall meet standards promulgated by the Director to provide for the long-term health, viability, and coverage of plantings. These standards may include, but are not limited to, the type and size of plants, spacing of plants, depth and quality of soil, use of drought-tolerant plants, and access to light and air for plants.  The Green Factor score shall be calculated as follows:
6808
6809 1. Identify all proposed landscape elements, sorted into the categories presented in Table A for Section 23.86.019.
6810
6811 2. Multiply the square feet, or equivalent square footage where applicable, of each landscape element by the multiplier provided for that element in Table A for Section 23.86.019, according to the following provisions:
6812
6813 a. If multiple elements listed on Table A for Section 23.86.019 occupy the same area (for example, groundcover under a tree), count the full square footage or equivalent square footage of each element.
6814
6815 b. Landscaping elements in the right-of-way between the lot line and the roadway may be counted, provided that they are approved by the Director of the Department of Transportation.
6816
6817 c. Elements listed in Table A for Section 23.86.019 that are provided to satisfy any other requirements of this Code may be counted.
6818
6819 d. For trees, large shrubs, and large perennials, use the equivalent square footage of each tree or shrub according to Table B for Section 23.86.019.
6820
6821 e. For vegetated walls, use the square footage of the portion of the wall covered by vegetation. All vegetated wall structures, including fences counted as vegetated walls, shall be constructed of durable materials, provide adequate planting area for plant health, and provide appropriate surfaces or structures that enable plant coverage.
6822
6823 f. For all elements other than trees, large shrubs, large perennials, and vegetated walls, square footage is determined by the area of the portion of a horizontal plane that lies over or under the element.
6824
6825 g. All permeable paving and structural soil credits together may not count for more than one third of the  lot's Green Factor score ((~~for a lot~~)).
6826
6827 3. Add together all the products calculated under subsection 23.86.019.A.2 to determine the Green Factor numerator.
6828
6829 4. Divide the Green Factor numerator by the lot area to determine the Green Factor score.
6830
6831<table><tr><td>Table A for Section 23.86.019: Green Factor Landscape Elements
6832
6833</td></tr>
6834
6835<tr><td>Green Factor Landscape Elements
6836
6837</td><td>Multiplier
6838
6839</td></tr>
6840
6841<tr><td>A. Planted Areas (choose one of the following for each planting area)
6842
6843</td><td></td></tr>
6844
6845<tr><td></td><td>1. Planted areas with a soil depth of less than 24 inches
6846
6847</td><td>0.1
6848
6849</td></tr>
6850
6851<tr><td></td><td>2. Planted areas with a soil depth of 24 inches or more:
6852
6853</td><td>0.6
6854
6855</td></tr>
6856
6857<tr><td></td><td>3. Bioretention facilities meeting standards of the Stormwater Code, Title 22 Subtitle VIII of the Seattle Municipal Code
6858
6859</td><td>1.0
6860
6861</td></tr>
6862
6863<tr><td>B. Plants
6864
6865</td><td></td></tr>
6866
6867<tr><td></td><td>1. Mulch, ground covers or other plants normally expected to be less than 2 feet tall at maturity.
6868
6869</td><td>0.1
6870
6871</td></tr>
6872
6873<tr><td></td><td>2. Large shrubs or other perennials at least 2 feet tall at maturity
6874
6875</td><td>0.3
6876
6877</td></tr>
6878
6879<tr><td></td><td>3. Small trees
6880
6881</td><td>0.3
6882
6883</td></tr>
6884
6885<tr><td></td><td>4. Small/medium trees
6886
6887</td><td>0.3
6888
6889</td></tr>
6890
6891<tr><td></td><td>5. Medium/large trees
6892
6893</td><td>0.4
6894
6895</td></tr>
6896
6897<tr><td></td><td>6. Large trees
6898
6899</td><td>0.4
6900
6901</td></tr>
6902
6903<tr><td></td><td>7. Preservation of existing large trees at least 6 inches in diameter at breast height
6904
6905</td><td>0.8
6906
6907</td></tr>
6908
6909<tr><td>C. Green roofs
6910
6911</td><td></td></tr>
6912
6913<tr><td></td><td>1. Planted over at least 2 inches but less than 4 inches of growth medium
6914
6915</td><td>0.4
6916
6917</td></tr>
6918
6919<tr><td></td><td>2. Planted over at least 4 inches of growth medium
6920
6921</td><td>0.7
6922
6923</td></tr>
6924
6925<tr><td>D. Vegetated walls
6926
6927</td><td>0.7
6928
6929</td></tr>
6930
6931<tr><td>E. Water features using harvested rainwater and under water at least six months per year
6932
6933</td><td>0.7
6934
6935</td></tr>
6936
6937<tr><td>F. Permeable paving
6938
6939</td><td></td></tr>
6940
6941<tr><td></td><td>1. Installed over at least 6 inches and less than 24 inches of soil and/or gravel
6942
6943</td><td>0.2
6944
6945</td></tr>
6946
6947<tr><td></td><td>2. Installed over at least 24 inches of soil and/or gravel
6948
6949</td><td>0.5
6950
6951</td></tr>
6952
6953<tr><td>G. Structural soil
6954
6955</td><td>0.2
6956
6957</td></tr>
6958
6959<tr><td>H. Bonuses applied to Green Factor landscape elements:
6960
6961</td><td></td></tr>
6962
6963<tr><td></td><td>1. Landscaping that consists entirely of drought- tolerant or native plant species
6964
6965</td><td>0.1
6966
6967</td></tr>
6968
6969<tr><td></td><td>2. Landscaping that receives at least 50 percent of its irrigation through the use of harvested rainwater
6970
6971</td><td>0.2
6972
6973</td></tr>
6974
6975<tr><td></td><td>3. Landscaping visible from adjacent rights-of-way or public open space
6976
6977</td><td>0.1
6978
6979</td></tr>
6980
6981<tr><td></td><td>4. Landscaping in food cultivation
6982
6983</td><td>0.1
6984
6985</td></tr>
6986
6987</table>
6988
6989<table><tr><td>Table B for Section 23.86.019: Equivalent square footage of trees and large shrubs
6990
6991</td></tr>
6992
6993<tr><td>Landscape Elements
6994
6995</td><td>Equivalent Square Feet
6996
6997</td></tr>
6998
6999<tr><td>Large shrubs or large perennials
7000
7001</td><td>(( 16 )) 12 square feet per plant
7002
7003</td></tr>
7004
7005<tr><td>Small trees
7006
7007</td><td>(( 50 )) 75 square feet per tree
7008
7009</td></tr>
7010
7011<tr><td>Small/medium trees
7012
7013</td><td>(( 100 )) 150 square feet per tree
7014
7015</td></tr>
7016
7017<tr><td>Medium/large trees
7018
7019</td><td>(( 150 )) 250 square feet per tree
7020
7021</td></tr>
7022
7023<tr><td>Large trees
7024
7025</td><td>(( 200 )) 350 square feet per tree
7026
7027</td></tr>
7028
7029<tr><td>Existing large trees
7030
7031</td><td>(( 15 )) 20 square feet per inch of trunk diameter 4.5 feet above grade
7032
7033</td></tr>
7034
7035</table> Section 102. Section 23.86.020 of the Seattle Municipal Code, relating to the measurement of modulation for institutions in multifamily zones, which section was last amended by Ordinance 110570, and as shown in Attachment A, is repealed.
7036
7037 Section 103. Subsection B and D of Section 23.90.018 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, are amended as follows:
7038
7039 23.90.018 Civil Enforcement Proceedings and Penalties
7040
7041 B. Specific ((~~V~~)) v iolations.
7042
7043 1. Violations of Section 23.71.018 are subject to penalty in the amount specified in subsection 23.71.018.H.
7044
7045 2. Violations of the requirements of subsection 23.44.041.C are subject to a civil penalty of $5,000, which shall be in addition to any penalty imposed under subsection 23.90.018.A.
7046
7047 3. Violations of Section 23.49.011, 23.49.015 or 23.50.051 with respect to failure to demonstrate compliance with commitments to earn LEED Silver ratings under applicable sections are subject to penalty in amounts determined under Section 23.49.020, and not to any other penalty, but final determination and enforcement of penalties under that Section are subject to subsection 23.90.018.C.
7048
7049 4. Violations of Section s 23.45.510 and 23.45.526 with respect to failure to demonstrate compliance with commitments to earn a LEED Silver rating or a 4-Star rating awarded by the Master Builders Association of King and Snohomish Counties or other eligible green building ratings systems under applicable sections are subject to penalty in amounts determined under ((~~this~~)) subsection 23.90.018.E, and not to any other penalty.
7050
7051 5. Violation of Section 23.40.007.B with respect to failure to demonstrate compliance with a waste diversion plan for a structure permitted to be demolished under subsection 23.40.006.C is subject to a penalty in an amount determined as follows:
7052
7053 P = SF x .02 x RDR,
7054
7055 where:
7056
7057 P is the penalty;
7058
7059 SF is the total square footage of the structure for which the demolition permit was issued; and
7060
7061 RDR is the refuse disposal rate, which is the per ton rate established in SMC Chapter 21.40, and in effect on the date the penalty accrues, for the deposit of refuse at City recycling and disposal stations by the largest class of vehicles.
7062
7063 6. Violations of Section 23.40.060.E.2 by failing to submit the report required by Section 23.40.060.E.2 by the date required is subject to a penalty of $500 per day from the date the report was due to the date it is submitted.
7064
7065 7. Violation of Section 23.40.060.E.1 by failing to demonstrate full compliance with the standards contained in Section 23.40.060.E.1 is subject to a maximum penalty of 5 percent of the construction value set forth in the building permit for the structure and a minimum penalty of 1 percent of construction value, based on the extent of compliance with standards contained in Section 23.40.060.E.1.
7066
7067 * * *
7068
7069 D. Except in cases of violations of Section  23.45.510, 23.45.526, 23.49.011, 23.49.015, or 23.50.051 with respect to failure to demonstrate compliance with commitments to earn LEED Silver, Built Green 4-Star, or ESDS ratings or satisfy alternative standards, the violator may show as full or partial mitigation of liability:
7070
7071 1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
7072
7073 2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant.
7074
7075 * * *
7076
7077 Section 104. Section 25.05.675 of the Seattle Municipal Code, which section was last amended by Ordinance 123209, is amended as follows:
7078
7079 25.05.675 Specific environmental policies((~~ .~~))
7080
7081 * * *
7082
7083 M. Parking.
7084
7085 1. Policy ((~~B~~)) b ackground.
7086
7087 a. Increased parking demand associated with development projects may adversely affect the availability of parking in an area.
7088
7089 b. Parking regulations to mitigate most parking impacts and to accommodate most of the cumulative effects of future projects on parking are implemented through the City's Land Use Code. However, in some neighborhoods, due to inadequate off-street parking, streets are unable to absorb parking spillover. The City recognizes that the cost of providing additional parking may have an adverse effect on the affordability of housing.
7090
7091 2. Policies.
7092
7093 a. It is the City's policy to minimize or prevent adverse parking impacts associated with development projects.
7094
7095 b. Subject to the overview and cumulative effects policies set forth in Sections 25.05.665 and 25.05.670, the decision maker may condition a project to mitigate the effects of development in an area on parking; provided that:
7096
7097 1) No SEPA authority is provided to mitigate the impact of development on parking availability in the ((~~downtown zones~~))  Downtown and South Lake Union Urban Centers ;
7098
7099 2) ((~~In Seattle Mixed (SM) zones, and~~)) No SEPA authority is provided  for the decision maker to ((~~require more parking than the minimum required by the Land Use Code~~)) mitigate the impact of development on parking availability  for residential uses located within:
7100
7101 i.  the Capitol Hill/First Hill Urban Center,  the Uptown Urban Center, and the University District ((~~Northwest~~))Urban Center ((~~Village~~)) , except the portion of the Ravenna urban village that is not within 1,320 feet of a street with frequent transit service, measured as the walking distance from the nearest transit stop to the lot line of the lot;
7102
7103 ii.  ((~~and~~)) the Station Area Overlay District~~ ,~~ ;  and
7104
7105 iii. portions of urban villages within 1,320 feet of a street with frequent transit service, measured as the walking distance from the nearest transit stop to the lot line of the lot ((~~no SEPA authority is provided for the decision maker to require more parking than the minimum required by the Land Use Code~~));
7106
7107 3)  Outside of the areas listed in subsection 25.05.675.M.2.b, ((~~Parking~~))  parking impact mitigation for multifamily development, except in the Alki area, as described in subsection 25.05.675.M.2.c ((~~below~~)), may be required only where on-street parking is at capacity, as defined by the Seattle Department of Transportation or where the development itself would cause on-street parking to reach capacity as so defined.
7108
7109 c. For the Alki area, as identified on Map B for ((~~23.45.015~~))  23.54.015 , a higher number of spaces per unit than is required by SMC Section 23.54.015 may be required to mitigate the adverse parking impacts of specific multifamily projects. Projects that generate a greater need for parking and that are located in places where the street cannot absorb that need -- for example, because of proximity to the Alki Beach Park -- may be required to provide additional parking spaces to meet the building's actual need. In determining that need, the size of the development project, the size of the units and the number of bedrooms in the units shall be considered.
7110
7111 d.  If parking ((~~Parking~~)) impact mitigation  is authorized by this subsection 25.05.675.M, it ((~~for projects outside of downtown zones~~)) may include but is not limited to:
7112
7113 1) Transportation management programs;
7114
7115 2) Parking management and allocation plans;
7116
7117 3) Incentives for the use of alternatives to single-occupancy vehicles, such as transit pass subsidies, parking fees, and provision of bicycle parking space;
7118
7119 4) Increased parking ratios((~~ , except for projects located~~~~within Seattle Mixed (SM) zones, and residential uses located in, the Capitol Hill/First Hill Urban Center, the University District Northwest Urban Center Village, and the Station Area Overlay District~~)) ;  and
7120
7121 5) Reduced development densities to the extent that it can be shown that reduced parking spillover is likely to result; provided, that parking impact mitigation for multifamily development may not include reduction in development density.
7122
7123 * * *
7124
7125 Section 105. Subsection A of Section 25.05.800 of the Seattle Municipal Code, which section was last amended by Ordinance 122670, is amended as follows:
7126
7127 25.05.800 Categorical exemptions
7128
7129 The proposed actions contained in this subchapter are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in Section 25.05.305.
7130
7131 A. Minor ((~~N~~)) n ew ((~~C~~)) c onstruction--- ((~~F~~)) f lexible ((~~T~~)) t hresholds.
7132
7133 1. The exemptions in this subsection apply to all licenses required to undertake the construction in question, except when a rezone or any license governing emissions to the air or discharges to water is required. To be exempt under this ((~~section~~))  Section 25.05.800 , the project ((~~must~~))  shall  be equal to or smaller than the exempt level. For a specific proposal, the exempt level in subsection  A.2  of this ((~~s~~)) S ection  25.05.800 shall control. If the proposal is located in more than one ((~~ (1)~~)) city((~~ /~~))  or county, the lower of the agencies' adopted levels shall control, regardless of which agency is the lead agency.
7134
7135 2. The following types of construction are exempt, except when undertaken wholly or partly on lands covered by water or unless undertaken in environmentally critical areas (Section 25.05.908):
7136
7137 a. The construction or location of residential structures containing no more than the number of dwelling units identified in ((~~part (i)~~)) Table A for 25.05.800 , except ((~~as modified by the provisions of part (ii.) 25.05.800.A.2.a.(ii) (ii) For~~))  for lots located in an Urban Center or a SAOD, if the proposed construction or location is on a lot in an ((~~LDT,~~)) L R I or L R 2 zone, and if the lot abuts any portion of another lot that is zoned SF or RSL, or is across an alley of any width from a lot that is zoned SF or RSL, or is across a street from a lot zoned SF or RSL ((~~where~~))  if that street does not meet minimum width requirements in ((~~SMC~~))  Section 23.53.015 . A, then the level of exempt construction is 4 dwelling units for lots in an ((~~LDT or~~)) L R 1 zone, and 6 dwelling units for lots in an L R 2 zone((~~ .~~)) ;
7138
7139<table><tr><td>(( (i) ))Table A for 25.05.800: Exemptions for Residential Uses
7140
7141</td></tr>
7142
7143<tr><td>Zone
7144
7145</td><td>Residential Uses
7146
7147</td></tr>
7148
7149<tr><td>(( No. )) Number of (( D.U. )) Exempt Dwelling Units
7150
7151</td></tr>
7152
7153<tr><td>Outside of Urban Centers
7154
7155</td><td>Within Urban Centers or SAOD
7156
7157</td></tr>
7158
7159<tr><td>SF, RSL
7160
7161</td><td>4
7162
7163</td><td>4
7164
7165</td></tr>
7166
7167<tr><td>(( LDT )) LR1
7168
7169</td><td>4
7170
7171</td><td>6
7172
7173</td></tr>
7174
7175<tr><td>(( L1 ))
7176
7177</td><td>(( 4 ))
7178
7179</td><td>(( 30 ))
7180
7181</td></tr>
7182
7183<tr><td>LR2
7184
7185</td><td>6
7186
7187</td><td>30
7188
7189</td></tr>
7190
7191<tr><td>LR3(( , L4 ))
7192
7193</td><td>8
7194
7195</td><td>30
7196
7197</td></tr>
7198
7199<tr><td>NC1, NC2, NC3, C1, C2
7200
7201</td><td>4
7202
7203</td><td>30
7204
7205</td></tr>
7206
7207<tr><td>MR, HR, SM
7208
7209</td><td>20
7210
7211</td><td>30
7212
7213</td></tr>
7214
7215<tr><td>Downtown zones
7216
7217</td><td>Not Applicable
7218
7219</td><td>80
7220
7221</td></tr>
7222
7223<tr><td>Industrial zones
7224
7225</td><td>4
7226
7227</td><td>4
7228
7229</td></tr>
7230
7231<tr><td>Notes for Table A for 25.05.800(( : ))
7232
7233SAOD = Station Area Overlay Districts.
7234
7235Urban centers and urban villages are identified in the Seattle Comprehensive Plan.
7236
7237</td></tr>
7238
7239</table> b. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering ((~~ten thousand (~~))10,000((~~ )~~)) square feet or less, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption does not apply to feed lots;
7240
7241 c. The construction of office, school, commercial, recreational, service or storage buildings, containing no more than the gross floor area listed in the ((~~table~~))  Table B for 25.05.800 below:
7242
7243<table><tr><td>Table B for 25.05.800: Exemptions for Non-Residential Uses
7244
7245</td></tr>
7246
7247<tr><td>Zone
7248
7249</td><td>Non-Residential Uses
7250
7251</td></tr>
7252
7253<tr><td>Exempt Area of Use
7254   
7255 (square feet of gross floor area)
7256
7257</td></tr>
7258
7259<tr><td>Outside of Urban Centers
7260
7261</td><td>Within Urban Centers or SAOD
7262
7263</td></tr>
7264
7265<tr><td>SF, RSL, (( LDT, )) LR1, LR2, LR3(( , L4 ))
7266
7267</td><td>4,000
7268
7269</td><td>4,000
7270
7271</td></tr>
7272
7273<tr><td>MR, HR, NC1, NC2, NC3
7274
7275</td><td>4,000
7276
7277</td><td>12,000
7278
7279</td></tr>
7280
7281<tr><td>C1, C2, SM, Industrial zones
7282
7283</td><td>12,000
7284
7285</td><td>12,000
7286
7287</td></tr>
7288
7289<tr><td>Downtown zones
7290
7291</td><td>Not Applicable
7292
7293</td><td>12,000
7294
7295</td></tr>
7296
7297<tr><td>Notes(( : )) for Table B for 25.05.800
7298
7299SAOD = Station Area Overlay Districts.
7300
7301Urban centers and urban villages are identified in the Seattle Comprehensive Plan.
7302
7303</td></tr>
7304
7305</table> d. The construction of a parking lot designed for ((~~forty (~~))40((~~ )~~)) or fewer automobiles, as well as the addition of spaces to existing lots up to a total of ((~~forty (~~))40((~~ )~~)) spaces;
7306
7307 e. Any landfill or excavation of ((~~five hundred (~~))500((~~ )~~)) cubic yards or less throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations there under;
7308
7309 f. Mixed-use construction, including but not limited to projects combining residential and commercial uses, is exempt if each use, ((~~when~~))  if  considered separately, is exempt under the criteria of subsections  25.05.800. A . 2 . a through A . 2 . d above, unless the uses in combination may have a probable significant adverse environmental impact in the judgment of an agency with jurisdiction (see Section 25.05.305((~~~~)) . A . 2 . b);
7310
7311 g. In zones not specifically identified in this subsection  25.05.800.A , the standards for the most similar zone addressed by this subsection apply.
7312
7313 * * *
7314
7315 Section 106. Subsections A and B of Section 25.09.260 of the Seattle Municipal Code, which section was last amended by Ordinance 122050, is amended as follows:
7316
7317 25.09.260 Environmentally Critical Areas Administrative Conditional Use((~~ .~~))
7318
7319 A. When the applicant demonstrates it is not practicable to comply with the requirements of Section 25.09.240((~~~~)) . B considering the parcel as a whole, the applicant may apply for an administrative conditional use permit, authorized under Section 23.42.042, under this section to allow the Director to count environmentally critical areas and their buffers that would otherwise be excluded in calculating the maximum number of lots and units allowed on the parcel under Section 25.09.240((~~~~)) . E.
7320
7321 B. Standards. The Director may approve an administrative conditional use for smaller than required lot sizes and yards, and/or more than one ((~~ (1)~~)) dwelling unit per lot if the applicant demonstrates that the proposal meets the following standards:
7322
7323 1. Environmental ((~~I~~)) i mpacts on ((~~C~~)) c ritical ((~~A~~)) a reas.
7324
7325 a. No development is in a riparian corridor, shoreline habitat, shoreline habitat buffer, wetland, or wetland buffer.
7326
7327 b. No riparian management area, shoreline habitat buffer, or wetland buffer is reduced.
7328
7329 c. No development is on a steep slope area or its buffer unless the property being divided is predominantly characterized by steep slope areas, or unless approved by the Director under Section 25.09.180((~~~~)) . B . 2 . a, b ,  or c.
7330
7331 (1) The preference is to cluster units away from steep slope areas and buffers.
7332
7333 (2) The Director shall require clear and convincing evidence that the provisions of this subsection  25.09.260. B are met ((~~when~~))  if units are clustered ((~~clustering units~~)) on steep slope areas and steep slope area buffers with these characteristics:
7334
7335 (a) a wetland over ((~~fifteen hundred (~~))1,500((~~ )~~)) square feet in size or a watercourse designated part of a riparian corridor; or
7336
7337 (b) an undeveloped area over ((~~five (~~))5((~~ )~~)) acres characterized by steep slopes; or
7338
7339 (c) areas designated by the Washington Department of Fish and Wildlife as urban natural open space habitat areas with significant tree cover providing valuable wildlife habitat.
7340
7341 d. The proposal protects Washington State Department of Fish and Wildlife priority species and maintains wildlife habitat.
7342
7343 e. The open water area of a shoreline habitat, wetland or riparian corridor shall not be counted in determining the permitted number of lots.
7344
7345 f. The proposal does not result in unmitigated negative environmental impacts, including drainage and water quality, erosion, and slope stability on the identified environmentally critical area and its buffer.
7346
7347 g. The proposal promotes expansion, restoration or enhancement of the identified environmentally critical area and buffer.
7348
7349 2. General ((~~E~~)) e nvironmental ((~~I~~)) i mpacts and ((~~S~~)) s ite ((~~C~~)) c haracteristics.
7350
7351 a. The proposal keeps potential negative effects of the development on the undeveloped portion of the site to a minimum and preserves topographic features.
7352
7353 b. The proposal retains and protects vegetation on designated nondisturbance areas, protects stands of mature trees, keeps tree removal to a minimum, removes noxious weeds and protects the visual continuity of vegetated areas and tree canopy.
7354
7355 3. Neighborhood ((~~C~~)) c ompatibility.
7356
7357 a. The total number of lots permitted on-site shall not be increased beyond that permitted by the underlying single-family zone.
7358
7359 b. Where dwelling units are proposed to be attached, they do not exceed the height, bulk and other applicable development standards of the Lowrise 1 ((~~ (L-1)~~))  (LR1)  zone.
7360
7361 c. The development is reasonably compatible with and keeps the negative impact on the surrounding neighborhood to a minimum. This includes, but is not limited to, concerns such as neighborhood character, land use, design, height, bulk, scale, yards, pedestrian environment, and preservation of the tree canopy and other vegetation.
7362
7363 * * *
7364
7365 Section 107. Section 25.11.070 of the Seattle Municipal Code, which section was enacted by Ordinance 120410, is amended as follows:
7366
7367 25.11.070 Tree protection on sites undergoing development in Lowrise~~~~((~~Duplex/Triplex, Lowrise 1, Lowrise 2, and Lowrise 3~~)) zones((~~ .~~))
7368
7369 The provisions in this Section 25.11.070 apply in Lowrise zones.
7370
7371 A. Exceptional ((~~T~~)) t rees((~~ .~~))
7372
7373 1. If ((~~it is determined~~))  the Director determines that there is an exceptional tree located on the ((~~site~~))  lot of a proposed development and the tree is not proposed to be preserved , the ((~~project~~))  development  shall go through ((~~administrative~~))  streamlined design review as provided in Section ((~~23.41.016~~))  23.41.018 ((~~even~~)) if the project ((~~would normally~~)) fall s  below the threshold s  for design review ((~~as contained~~))  established in Section 23.41.004.
7374
7375 2. The Director may permit the  exceptional tree to be removed only if the total floor area that could be achieved within the maximum permitted ((~~development coverage~~))  FAR  and ((~~the~~)) height limit s  of the applicable ((~~l~~)) L owrise zone according to SMC Title 23, the Land Use Code, cannot be achieved while avoiding the tree protection area through the following:
7376
7377 a. Development standard  adjustments permitted in Section 23.41.018 or the departures permitted in Section 23.41.012.
7378
7379 b. An increase in the permitted height as follows under subsection 25.11.070.A.3. ((~~ :~~))
7380
7381 ((~~i. In ((Lowrise Duplex/Triplex,)) Lowrise 1((,)) and Lowrise 2 zones, the basic height limit of twenty-five (25) provided for in Section 23.45.009A may be increased up to thirty (30) feet; the pitch roof provisions of Section 23.45.009 C1 may be modified to permit the ridge of pitched roofs on principal structures with a minimum slope of ((six to twelve ())6:12(())) to extend up to ((forty ())40(())) feet, and the ridge of pitched roofs on principal structures with a minimum slope of ((four to twelve ())4:12(())) may extend up to ((thirty-five ())35(())) feet.~~
7382
7383~~ii. In Lowrise 3 zones the height of the pitched roof provided for in Section 23.45.009C3 may extend up to ten (10) feet above the maximum height limit.~~))
7384
7385 3. In order to preserve an exceptional tree, for a principal structure with a base height limit of 40 feet that is subject to the pitched roof provisions of Section 23.45.514.D, the Director may permit the ridge of a pitched roof with a minimum slope of 6:12 to extend up to a height of 50 feet ((~~ . iii. The increase in height permitted in this ((section)) shall only be approved~~)) if ((~~it can be demonstrated that it~~))  the increase  is needed to accommodate, on an additional ((~~floor~~)) story , the amount of floor area lost by avoiding development within the tree protection area((~~ . The maximum~~))  and the amount of floor area on ((~~an~~))  the  additional ((~~floor~~))  story ((~~shall be~~))  is limited to the amount of floor area lost by avoiding development within the tree protection area. ((~~This provision for increased height shall not be permitted if the development is granted a departure from the development standards for setbacks.~~))
7386
7387 c. Parking Reduction. A reduction in the parking quantity ((~~of~~))  required by Section 23.54.015 and  the standards of Section 23.54.030 may be permitted in order to protect an exceptional tree if the reduction would result in a project that would avoid the tree protection area. ((~~The reduction shall be limited to a maximum of ten (10) percent of the number of required parking spaces~~)).
7388
7389 B. Trees ((~~O~~)) o ver ((~~Two (~~))2((~~ )~~)) ((~~F~~)) f eet in ((~~D~~)) d iameter ((~~Measured Four and One-half (4 1/2) Feet Above the Ground~~)).
7390
7391 1. Trees over ((~~two (~~))2((~~ )~~)) feet in diameter , measured 4.5 feet above the ground,  shall be identified on site plans.
7392
7393 2. In order to protect trees over ((~~two (~~))2((~~ )~~)) feet in diameter an applicant may request and the Director may allow  modification of development standards in the same manner  and to the same extent  as provided for exceptional trees in subsection  25.11.070. A ((~~of this section, above~~)).
7394
7395 ((~~C. The development shall meet the tree requirements in landscaped areas of Section 23.45.015C~~)).
7396
7397 Section 108. Section 25.11.080, which section was enacted by Ordinance 120410, is amended as follows:
7398
7399 25.11.080 Tree protection on sites undergoing development in ((~~Lowrise 4,~~)) Midrise((~~ ,~~)) and Commercial Zones((~~ .~~))
7400
7401 The standards in this Section 25.11.080 apply in Midrise and Commercial zones.
7402
7403 A. Exceptional ((~~T~~)) t rees.
7404
7405 1. If ((~~it is determined~~))  the Director determines that there is an exceptional tree located on the ((~~site~~))  lot of a proposed project and the tree is not proposed to be preserved , the project shall go through ((~~administrative~~))  streamlined design review as provided in Section ((~~23.41.016~~))  23.41.018 ((~~even~~)) if the project ((~~would normally~~)) fall s  below the threshold s  for design review ((~~as contained~~))  established in Section 23.41.004.
7406
7407 2. The Director may permit an exceptional tree to be removed only if the applicant demonstrates that protecting the tree by avoiding development in the tree protection area could not be achieved through the development standard  adjustments permitted in Section 23.41.018 or the departures permitted in Section 23.41.012, ((~~and/or~~)) a reduction in the parking requirements of Section 23.54.015 ,  ((~~up to a maximum reduction of ten (10) percent of the number of required parking spaces~~))  and/or a reduction in the standards of Section 23.54.030 .
7408
7409 B. Trees ((~~O~~)) o ver ((~~Two (~~))2((~~ )~~)) ((~~F~~)) f eet in ((~~D~~)) d iameter ((~~M~~)) m easured ((~~Four and One-half (4 1/2) Feet Above the ground~~)).
7410
7411 1. Trees over ((~~two (~~))2((~~ )~~)) feet in diameter , measured 4.5 feet above the ground,  shall be identified on site plans.
7412
7413 2. In order to protect trees over ((~~two (~~))2((~~ )~~)) feet in diameter an applicant may request  and the Director may permit modification of development standards in the same manner  and to the same extent  as provided for exceptional trees in subsection  25.11.080. A ((~~of this section~~)), above.
7414
7415 * * *
7416
7417 Section 109. The Council requests that the Department of Planning and Development (DPD) establish a specific target for review time for permit applications subject to the streamlined administrative design review (SDR) process. DPD will report on the target in the online permit turnaround data that the Department updates monthly, and will report on the number of applications and the turnaround times as part of the regular Department presentations to the Committee on the Built Environment or its successor Committee. In addition, the Council requests that the DPD submit a written report evaluating the SDR process to all Councilmembers two months after Master Use Permit decisions for ten SDR projects have been published. In the report, DPD will provide an evaluation of the per unit cost of SDR, the amount of staffing required for SDR to the applicant, DPD performance in meeting the review targets, the amount and purpose of any adjustments granted by DPD through the SDR process, the effects on project design and development capacity, and potential program improvements. The report should provide this information by zone category. The Council will reevaluate the SDR process based on the DPD report findings if necessary to address efficiency, cost, and/or quality of project design.
7418
7419 Section 110. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision, or its invalidity as applied in any circumstances, shall not affect the validity of any other provision or the application of the particular provision in other circumstances. To the extent that sections of this ordinance recodify or are incorporated into new or different sections provisions of the Seattle Municipal Code as previously in effect, this ordinance shall be construed to continue such provisions in effect. The repeal of various sections of Title 23 of the Seattle Municipal Code by this ordinance shall not relieve any person of the obligation to comply with the terms and conditions of any permit issued pursuant to the provisions of such Title as in effect prior to such repeal, nor shall it relieve any person or property of any obligations, conditions or restrictions in any agreement or instrument made or granted pursuant to, or with reference to, the provisions of such Title in effect prior to such repeal.
7420
7421 Section 111. Sections 1 through 106 of this ordinance shall take effect 90 days after the effective date of this ordinance.
7422
7423 Section 112. This ordinance shall take effect and be in force 30 days from and after its approval by the Mayor, but if not approved and returned by the Mayor within 10 days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.
7424
7425 Passed by the City Council the \_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 2010, and signed by me in open session in authentication of its passage this
7426
7427 \_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 2010.
7428
7429 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
7430
7431 President \_\_\_\_\_\_\_\_\_\_of the City Council
7432
7433 Approved by me this \_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 2010.
7434
7435 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
7436
7437 Michael McGinn, Mayor
7438
7439 Filed by me this \_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 2010.
7440
7441 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
7442
7443 City Clerk
7444
7445 (Seal)
7446
7447 Attachment A: Repealed Code Sections
7448
7449 Attachment B: Official Land Use Map amendments
7450
7451 Je Rebecca Herzfeld; Michael Jenkins Lowrise Zone Code Amendments ORD v18.docx December 9, 2010 Version 18
7452
7453 232
7454
7455 232
7456
7457 Attachment A to Lowrise Multifamily Code Amendment Ordinance: Repealed Code Sections
7458
7459 Attachment A to Lowrise Multifamily Code Amendment Ordinance: Repealed Code Sections
7460
7461 The repealed sections of the Land Use Code are shown below in numerical order. When the repealed section references an exhibit, that exhibit is also repealed. The title of the repealed section is followed by a reference to the number of the repealing section of the ordinance.
7462
7463 23.34.016 Lowrise 1 (L1) zone, function and locational criteria. (Ordinance Section 8)
7464
7465 A. Function. An area that provides low density, primarily ground-related multifamily housing opportunities.
7466
7467 B. Locational Criteria. Lowrise 1 zone designation is most appropriate in areas generally characterized by the following:
7468
7469 1. Development Characteristics of the Area.
7470
7471 a. Areas where structures of low heights, generally less than thirty (30) feet, and small bulk establish the pattern of development;
7472
7473 b. Areas with:
7474
7475 (1) A mix of single-family structures, small multifamily structures and single-family structures legally converted into multiple units where, because of the type and quality of the existing housing stock, it is desirable to encourage new development opportunities, or
7476
7477 (2) Numerous or large vacant parcels suitable for family housing where densities greater than single-family are desired; and
7478
7479 c. Areas where internal vehicular circulation is conducive to residential units that are oriented to the ground level and the street. Preferred locations are generally separated from principal arterials, as defined by the Seattle Comprehensive Transportation Program, which conflict with the desired character of L1 areas.
7480
7481 2. Relationship to the Surrounding Areas.
7482
7483 a. Properties that are definable pockets within a larger, higher density multifamily area, where it is desirable to preserve a small-scale character;
7484
7485 b. Properties generally surrounded by a larger single-family area where variation and replacement in housing type could be accommodated without significant disruption of the pattern, character or livability of the surrounding development;
7486
7487 c. Properties where a gradual transition is appropriate between single-family areas and more intensive multifamily or neighborhood commercial zones;
7488
7489 d. Properties in areas where narrow streets, on-street parking congestion, local traffic congestion, or irregular street patterns restrict local access and circulation;
7490
7491 e. Properties in areas close to facilities and services used by households with children, including schools, parks and community centers.
7492
7493 C. Areas zoned single family meeting the locational criteria for single-family designation may be rezoned to L1 only when the provisions of Section 23.34.010 B are met.
7494
7495 23.34.022 Lowrise 4 (L4) zone, function and locational criteria. (Ordinance Section 11)
7496
7497 A. Function. An area that provides moderate density multifamily infill development in residential neighborhoods already characterized by moderate density residential structures, with good vehicular circulation, adequate alleys, and on-street parking.
7498
7499 B. Locational Criteria.
7500
7501 1. Threshold Conditions. Subject to subsection B2 of this section, properties that may be considered for an L4 designation are limited to the following:
7502
7503 a. Properties already zoned L4;
7504
7505 b. Properties in areas already developed predominantly to the permitted L4 density and where L4 scale is well established;
7506
7507 c. Properties within an urban center or urban village, except in the Wallingford Residential Urban Village, in the Eastlake Residential Urban Village, in the Upper Queen Anne Residential Urban Village, in the Morgan Junction Residential Urban Village, in the Lake City Hub Urban Village, in the Bitter Lake Village Hub Urban Village, or in the Admiral Residential Urban Village; or
7508
7509 d. Properties located in the Delridge Neighborhood Revitalization Area, as shown in Exhibit 23.34.020 A, provided that the L4 zone designation would facilitate a mixed-income housing development initiated by a public agency or the Seattle Housing Authority; a property use and development agreement is executed subject to the provisions of SMC Chapter 23.76 as a condition to any rezone; and the development would serve a broad public purpose.
7510
7511 2. Properties designated as environmentally critical may not be rezoned to an L4 designation, and may remain L4 only in areas predominantly developed to the intensity of the L4 zone.
7512
7513 3. Other Criteria. The Lowrise 4 zone designation is most appropriate in areas generally characterized by the following:
7514
7515 a. Development Characteristics of the Area.
7516
7517 (1) Either:
7518
7519 (a) Areas that are already developed predominantly to the permitted L4 density and where L4 scale is well established,
7520
7521 (b) Areas that are within an urban center or urban village, except in the Wallingford Residential Urban Village, in the Eastlake Residential Urban Village, in the Upper Queen Anne Residential Urban Village, in the Morgan Junction Residential Urban Village, in the Lake City Hub Urban Village, in the Bitter Lake Village Hub Urban Village, or in the Admiral Residential Urban Village, or
7522
7523 (c) Areas that are located within the Delridge Neighborhood Revitalization Area, as shown in Exhibit 23.34.020 A, provided that the L4 zone designation would facilitate a mixed-income housing development initiated by a public agency or the Seattle Housing Authority; a property use and development agreement is executed subject to the provisions of SMC Chapter 23.76 as a condition to any rezone; and the development would serve a broad public purpose.
7524
7525 (2) Areas of sufficient size to promote a high quality, higher density residential environment where there is good pedestrian access to amenities;
7526
7527 (3) Areas generally platted with alleys that can provide access to parking, allowing the street frontage to remain uninterrupted by driveways, thereby promoting a street environment better suited to the level of pedestrian activity associated with higher density residential environments;
7528
7529 (4) Areas with good internal vehicular circulation, and good access to sites, preferably from alleys. Generally, the width of principal streets in the area should be sufficient to allow for two (2) way traffic and parking along at least one (1) curbside.
7530
7531 b. Relationship to the Surrounding Areas.
7532
7533 (1) Properties in areas adjacent to concentrations of employment;
7534
7535 (2) Properties in areas that are directly accessible to regional transportation facilities, especially transit, providing connections to major employment centers, including arterials where transit service is good to excellent and street capacity is sufficient to accommodate traffic generated by higher density development. Vehicular access to the area should not require use of streets passing through less intensive residential areas;
7536
7537 (3) Properties with close proximity and with good pedestrian connections to services in neighborhood commercial areas, public open spaces and other residential amenities;
7538
7539 (4) Properties with well-defined edges providing sufficient separation from adjacent areas of small scale residential development, or where such areas are separated by zones providing a transition in the height, scale and density of development.
7540
7541 The Table of Contents for Chapter 23.45 (Ordinance Section 21)
7542
7543 Part 1 General Standards
7544
7545 Part 2 Standards for Residential Uses in Lowrise Zones
7546
7547 Part 3 Use Provisions and General Provisions
7548
7549 Part 4 Standards for Residential Uses in Midrise and Highrise Zones
7550
7551 Part 5 Standards for Other Principal Uses Permitted Outright and Accessory Uses in all multifamily zones
7552
7553 23.45.002 Scope of Provisions (Ordinance Section 21)
7554
7555 The zones regulated by this Chapter 23.45 are found in Section 23.45.502.
7556
7557 23.45.004 Principal uses permitted outright. (Ordinance Section 23)
7558
7559 All uses are permitted outright, prohibited or permitted as a conditional use according Section 23.45.504.
7560
7561 23.45.006 General development standards for structures in multifamily zones. (Ordinance Section 25)
7562
7563 General provisions for structures in multifamily zones are found in Section 23.45.508.
7564
7565 23.45.009 Structure Height (Ordinance Section 28)
7566
7567 A. Maximum Height. The maximum height permitted for all structures, except for cottage housing developments, shall be as follows:
7568
7569<table><tr><td>Lowrise
7570   
7571 Duplex/Triplex
7572
7573</td><td>-Twenty-five (25) feet
7574
7575</td></tr>
7576
7577<tr><td>Lowrise 1
7578
7579</td><td>-Twenty-five (25) feet
7580
7581</td></tr>
7582
7583<tr><td>Lowrise 2
7584
7585</td><td>-Twenty-five (25) feet
7586
7587</td></tr>
7588
7589<tr><td>Lowrise 3
7590
7591</td><td>-Thirty (30) feet
7592
7593</td></tr>
7594
7595<tr><td>Lowrise 4
7596
7597</td><td>-Thirty-seven (37) feet
7598
7599</td></tr>
7600
7601</table> B. Cottage Housing Height. The maximum height permitted for structures in cottage housing developments shall be eighteen (18) feet.
7602
7603 C. Pitched Roofs.
7604
7605 1. Except for cottage housing developments, in Lowrise Duplex/Triplex, Lowrise 1 and Lowrise 2 zones the ridge of pitched roofs on principal structures with a minimum slope of six to twelve (6:12) may extend up to thirty-five (35) feet. The ridge of pitched roofs on principal structures with a minimum slope of four to twelve (4:12) may extend up to thirty (30) feet. All parts of the roof above twenty-five (25) feet shall be pitched. (See Exhibit 23.45.009 A.)
7606
7607 2. In cottage housing developments, the ridge of pitched roofs with a minimum slope of six to twelve (6:12) may extend up to twenty-eight (28) feet. The ridge of pitched roofs with a minimum slope of four to twelve (4:12) may extend up to twenty-three (23) feet. All parts of the roof above eighteen (18) feet shall be pitched.
7608
7609 3. In Lowrise 3 and Lowrise 4 zones the ridge of pitched roofs on principal structures may extend up to five (5) feet above the maximum height limit. All parts of the roof above thirty (30) feet in Lowrise 3 zones and thirty-seven (37) feet in Lowrise 4 zones shall be pitched at a rate of not less than four to twelve (4:12). (See Exhibit 23.45.009 B.)
7610
7611 4. No portion of a shed roof shall be permitted to extend beyond the maximum height limit under this provision.
7612
7613 D. Rooftop Features.
7614
7615 1. 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 no closer than 50 percent of their height above existing grade or, if attached only to the roof, no closer than 50 percent of their height above the roof portion where attached, to any adjoining lot line.
7616
7617 2. Open railings, planters, skylights, clerestories, greenhouses, parapets and firewalls may extend no higher than the ridge of a pitched roof permitted under subsection C above or 4 feet above the maximum height limit set in subsection 23.45.009.A. For cottage housing developments, these rooftop features may extend 4 feet above the 18 foot height limit.
7618
7619 3. For cottage housing developments, chimneys may exceed the height limit by 4 feet or may extend 4 feet above the ridge of a pitched roof.
7620
7621 4. Except in cottage housing developments, the following rooftop features may extend 10 feet above the maximum height limit established in subsection 23.45.009.A so long as the combined total coverage of all features does not exceed 15 percent of the roof area or 20 percent of the roof area if the total includes screened mechanical equipment:
7622
7623 a. Stair and elevator penthouses;
7624
7625 b. Mechanical equipment;
7626
7627 c. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least 5 feet from the roof edge;
7628
7629 d. Chimneys;
7630
7631 e. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.
7632
7633 5. For height exceptions for solar collectors, see Section 23.45.545.D, Solar collectors on roofs.
7634
7635 6. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection 23.45.009.D.6 at least 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:
7636
7637 a. Solar collectors;
7638
7639 b. Planters;
7640
7641 c. Clerestories;
7642
7643 d. Greenhouses;
7644
7645 e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Chapter 23.57.011;
7646
7647 f. Nonfirewall parapets;
7648
7649 g. Play equipment.
7650
7651 7. For height limits and exceptions for communication utilities and devices, Section 23.57.011.
7652
7653 E. Sloped Lots. Additional height shall be permitted for sloped lots, at the rate of one (1) foot for each six (6) percent of slope, to a maximum of five (5) feet. The additional height shall be permitted on the downhill side of the structure only, as described in Section 23.86.006 C.
7654
7655 23.45.010 Lot coverage-Lowrise zones (Ordinance Section 28)
7656
7657 A. Except as provided in subsection C of this section, the maximum lot coverage permitted for principal and accessory structures shall not exceed the following limits:
7658
7659 1. For townhouses, the following lot coverage limits shall apply:
7660
7661<table><tr><td>Lowrise duplex/Triplex
7662
7663</td><td>- Forty-five (45) percent.
7664
7665</td></tr>
7666
7667<tr><td>Lowrise 1
7668
7669</td><td>-Fifty (50) percent.
7670
7671</td></tr>
7672
7673<tr><td>Lowrise 2
7674
7675</td><td>-Fifty (50) percent.
7676
7677</td></tr>
7678
7679<tr><td>Lowrise 3
7680
7681</td><td>-Fifty (50) percent.
7682
7683</td></tr>
7684
7685<tr><td>Lowrise 4
7686
7687</td><td>-Fifty (50) percent.
7688
7689</td></tr>
7690
7691</table> 2. For all other structures, the following lot coverage limits shall apply:
7692
7693<table><tr><td>Lowrise Duplex/Triplex
7694
7695</td><td>- Thirty-five (35) percent.
7696
7697</td></tr>
7698
7699<tr><td>Lowrise 1
7700
7701</td><td>-Forty (40) percent.
7702
7703</td></tr>
7704
7705<tr><td>Lowrise 2
7706
7707</td><td>-Forty (40) percent.
7708
7709</td></tr>
7710
7711<tr><td>Lowrise 3
7712
7713</td><td>- Forty-five (45) percent.
7714
7715</td></tr>
7716
7717<tr><td>Lowrise 4
7718
7719</td><td>-Fifty (50) percent.
7720
7721</td></tr>
7722
7723</table> 3. When townhouses and other structures are located on the same lot, the lot coverage shall be calculated as follows:
7724
7725 a. Divide the number of townhouse units by the total number of units on the site, and multiply this figure by the percentage of lot coverage allowed for townhouses in that zone; and
7726
7727 b. Divide the number of units in all other (nontownhouse) structures on the site by the total number of units on site and multiply this figure by the percentage of lot coverage allowed for all other structures in that zone; and
7728
7729 c. Add subsections A3a and A3b above, which equals the maximum lot coverage.
7730
7731 B. For cottage housing developments, in addition to the limitations of subsection A above, the lot coverage for an individual principal structure shall not exceed six hundred fifty (650) square feet.
7732
7733 C. Lot Coverage Exceptions. The following structures or portions of structures shall be exempted from the measurement of lot coverage:
7734
7735 1. Pedestrian access bridges from alleys, streets or easements, and uncovered, unenclosed bridges of any height necessary for access and five (5) feet or less in width;
7736
7737 2. Ramps or other access for the disabled or elderly meeting Washington State Building Code, Chapter 11;
7738
7739 3. Fences, freestanding walls, bulkheads, signs and other similar structures;
7740
7741 4. An underground structure, or underground portion of a structure, on any part of the entire lot;
7742
7743 5. The first eighteen (18) inches of horizontal projection of eaves, cornices and gutters;
7744
7745 6. The first four (4) feet of horizontal projection from principal and accessory structures of unenclosed decks, balconies and porches;
7746
7747 7. Solar collectors meeting the provisions of Section 23.44.046 and swimming pools eighteen (18) inches or less above grade;
7748
7749 8. Decks or parts of a deck that are eighteen (18) inches or less above existing grade.
7750
7751 23.45.011 Structure width and depth-Lowrise zones. (Ordinance Section 28)
7752
7753 A. The maximum width and depth of structures shall be as provided in Table 23.45.011 A. (See Table 23.45.011 A.)
7754
7755 B. The minimum width for structures in Lowrise Duplex/Triplex zones shall be twenty (20) feet.
7756
7757[Table 23.45.011 A](/~ordpics/117014ata2345011A.gif)
7758
7759 23.45.012 Modulation requirements-Lowrise zones. (Ordinance Section 28)
7760
7761 A. Front Facades.
7762
7763 1. Modulation shall be required if the front facade width exceeds thirty (30) feet with no principal entrance facing the street, or forty (40) feet with a principal entrance facing the street.
7764
7765 2. For terraced housing, only the portion of the front facade closest to the street is required to be modulated. (See Exhibit 23.45.012 A.)
7766
7767 B. Side Facades. On corner lots, side facades which face the street shall be modulated if greater than forty (40) feet in width for ground-related housing, and thirty (30) feet in width for apartments. Modulation shall not be required for the side facades of terraced housing.
7768
7769 C. Interior Facades. Within a cluster development all interior facades wider than forty (40) feet shall be modulated according to the standards of subsection D of Section 23.45.012, provided that the maximum modulation width shall be forty (40) feet. Perimeter facades shall follow standard development requirements.
7770
7771 D. Modulation Standards.
7772
7773 1. Lowrise Duplex/Triplex and Lowrise 1 Zones.
7774
7775 a. Minimum Depth of Modulation.
7776
7777 (1) The minimum depth of modulation shall be four (4) feet. (See Exhibit 23.45.012 B.)
7778
7779 (2) When balconies are part of the modulation and have a minimum dimension of at least six (6) feet and a minimum area of at least sixty (60) square feet, the minimum depth of modulation shall be two (2) feet. (See Exhibit 23.45.012 C.)
7780
7781 b. The minimum width of modulation shall be five (5) feet. (See Exhibit 23.45.012 B.)
7782
7783 c. Maximum Width of Modulation. The modulation width shall emphasize the identity of individual units, but shall not be greater than thirty (30) feet. For units located one (1) above the other, the individuality of the units shall be emphasized through the location of driveways, entrances, walkways and open spaces.
7784
7785 2. Lowrise 2, Lowrise 3 and Lowrise 4 Zones.
7786
7787 a. Minimum Depth of Modulation.
7788
7789 (1) The minimum depth of modulation shall be four (4) feet (see Exhibit 23.45.012 B) in Lowrise 2 and Lowrise 3 zones and for townhouses in Lowrise 4 zones, and eight (8) feet for apartments in Lowrise 4 zones.
7790
7791 (2) When balconies are part of the modulation and have a minimum dimension of at least six (6) feet and a minimum area of at least sixty (60) square feet, the minimum depth of modulation shall be two (2) feet. (See Exhibit 23.45.012 C.)
7792
7793 b. The minimum width of modulation shall be five (5) feet. (See Exhibit 23.45.012 B.)
7794
7795 c. Maximum Width of Modulation.
7796
7797 (1) The maximum width of modulation shall be thirty (30) feet.
7798
7799 (2) Exceptions to Maximum Width of Modulation in Lowrise 2, Lowrise 3 and Lowrise 4 Zones.
7800
7801 i. When facades provide greater depth of modulation than required by subsection D1 of this section, then for every additional full foot of modulation depth, the width of modulation may be increased by two and one-half (2 1/2) feet, to a maximum width of forty (40) feet in Lowrise 2 zones and forty-five (45) feet in Lowrise 3 and Lowrise 4 zones. Subsection B of Section 23.86.002, measurements, shall not apply.
7802
7803 ii. The maximum width of modulation may be increased when facades are set back from the lot line further than the required setback, according to the following guideline: The width of modulation of such a facade shall be permitted to exceed thirty (30) feet by one (1) foot for every foot of facade setback beyond the required setback. This provision shall not be combined with the provisions of subsection D2c(2)i, nor shall it permit facades to exceed forty-five (45) feet in width without modulation.
7804
7805 3. In Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 zones required modulation may start a maximum of ten (10) feet above existing grade, and shall be continued up to the roof. In Lowrise Duplex/Triplex zones modulation shall extend from the ground to the roof except for weather protection coverings such as awnings.
7806
7807 23.45.014 Setback requirements-Lowrise zones. (Ordinance Section 28)
7808
7809 A. Front Setback.
7810
7811 1. The required front setback shall be the average of the setbacks of the first principal structures on either side, except for cottage housing developments, subject to the following:
7812
7813<table><tr><td>Lowrise
7814
7815</td></tr>
7816
7817<tr><td>Duplex/
7818
7819</td></tr>
7820
7821<tr><td>Triplex -
7822
7823</td><td>In no case shall the setback be less than five (5) feet and it shall not be required to exceed twenty (20) feet.
7824
7825</td></tr>
7826
7827<tr><td>Lowrise 1,
7828
7829</td><td></td></tr>
7830
7831<tr><td>Lowrise 2
7832
7833</td><td></td></tr>
7834
7835<tr><td>and
7836
7837</td><td></td></tr>
7838
7839<tr><td>Lowrise 3 -
7840
7841</td><td>In no case shall the setback be less than five (5) feet and it shall not be required to exceed fifteen (15) feet.
7842
7843</td></tr>
7844
7845<tr><td>Lowrise 4 -
7846
7847</td><td>In no case shall the setback be less than five (5) feet and it shall not be required to exceed twenty (20) feet.
7848
7849</td></tr>
7850
7851</table> 2. Cottage Housing Developments. The required front setback shall be a minimum of ten (10) feet.  3. Townhouses.
7852
7853 a. Portions of a structure may project into the required front setback, as long as the average distance from the front property line to the structure satisfies the minimum front setback requirement.
7854
7855 b. No portion of a structure shall be closer to the front property line than five (5) feet.
7856
7857 4. Through Lots. In the case of a through lot, each setback abutting a street, except a side setback, shall be a front setback. Rear setback requirements shall not apply to the lot.
7858
7859 5. A greater 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.
7860
7861 B. Rear Setbacks. Rear setbacks shall be provided as follows:
7862
7863 1. Zones. Lowrise Duplex/Triplex and Lowrise 1-Twenty (20) feet or twenty (20) percent of lot depth, whichever is less, but in no case less than fifteen (15) feet, except for cottage housing developments, which shall provide a minimum ten (10) foot rear setback.
7864
7865 Lowrise 2-Twenty-five (25) feet or twenty (20) percent of lot depth, whichever is less, but in no case less than fifteen (15) feet.
7866
7867 Lowrise 3 and Lowrise 4-Twenty-five (25) feet or fifteen (15) percent of lot depth, whichever is less, but in no case less than fifteen (15) feet.
7868
7869 2. Alleys. When a property abuts upon an alley along a rear lot line, the centerline of the alley between the side lot lines extended shall be used as the rear lot line for purposes of measuring a rear setback; provided that at no point shall the principal structure be closer than ten (10) feet to the actual property line at the alley. If the provisions of subsection H of this section are used, this subsection may not be used.
7870
7871 C. Side Setbacks.
7872
7873 1. The required side setback for structures in Lowrise zones shall be determined by structure depth and height, according to the following Table 23.45.014 A:
7874
7875 Table 23.45.014 A Side Setbacks-Lowrise Zones
7876
7877 Height of Side Facade at Highest Point in Feet
7878
7879<table><tr><td></td><td>0-25'
7880
7881</td><td>26-30'
7882
7883</td><td>31-37'
7884
7885</td></tr>
7886
7887<tr><td>Structure
7888   
7889 Depth
7890   
7891 in Feet
7892
7893</td><td>Average Side Setback
7894   
7895 in Feet
7896
7897</td><td>Minimum
7898   
7899 Side
7900   
7901 Setback
7902
7903</td></tr>
7904
7905<tr><td>65 or less
7906
7907</td><td>5
7908
7909</td><td>6
7910
7911</td><td>7
7912
7913</td><td>5'
7914
7915</td></tr>
7916
7917<tr><td>66 to 80
7918
7919</td><td>6
7920
7921</td><td>6
7922
7923</td><td>8
7924
7925</td><td>5'
7926
7927</td></tr>
7928
7929<tr><td>81 to 100
7930
7931</td><td>8
7932
7933</td><td>9
7934
7935</td><td>11
7936
7937</td><td>6'
7938
7939</td></tr>
7940
7941<tr><td>101 to 120
7942
7943</td><td>11
7944
7945</td><td>12
7946
7947</td><td>14
7948
7949</td><td>7'
7950
7951</td></tr>
7952
7953<tr><td>121 to 140
7954
7955</td><td>14
7956
7957</td><td>15
7958
7959</td><td>17
7960
7961</td><td>7'
7962
7963</td></tr>
7964
7965<tr><td>141 to 160
7966
7967</td><td>17
7968
7969</td><td>18
7970
7971</td><td>20
7972
7973</td><td>8'
7974
7975</td></tr>
7976
7977<tr><td>161 to 180
7978
7979</td><td>19
7980
7981</td><td>21
7982
7983</td><td>23
7984
7985</td><td>8'
7986
7987</td></tr>
7988
7989<tr><td>Greater than 180
7990
7991</td><td></td><td></td><td></td><td>1' in addition
7992   
7993 to 8' for
7994   
7995 every 50'
7996   
7997 in depth
7998
7999</td></tr>
8000
8001</table> The pattern established in the table shall be continued for structures greater than one hundred eighty (180) feet in depth.  2. When there is a principal entrance along a side facade not facing a street or alley, the following shall apply except for cottage housing developments:
8002
8003 a. In addition to the setback required in Table 23.45.014 A, the principal entrance door(s) shall be recessed three (3) feet. This requirement for a recessed entrance shall apply only to a height necessary to accommodate the entrance.
8004
8005 b. Screening along the side property line that faces the principal entrance(s) shall be provided in the form of a wall or fence that meets the standard in subsection G of this section. In order to ensure adequate access width, this screening shall supersede the landscape requirement along property lines that abut single-family zoned lots contained in Section 23.45.015 B1b.
8006
8007 3. The side street setback of a reversed corner lot shall be ten (10) feet or as provided in Table 23.45.014 A, whichever is greater.
8008
8009 D. Required Setbacks for Cluster Developments.
8010
8011 1. In Lowrise Duplex/Triplex zones where two (2) or more principal structures are located on a lot, the required setback between those portions of interior facades which face each other shall be ten (10) feet when the length of facing portions of facades is forty (40) feet or less and fifteen (15) feet when the length of facing portions of facades exceeds forty (40) feet.
8012
8013 2. In Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 zones where two (2) or more principal structures are located on a lot, the required setback between those portions of interior facades which face each other shall be as follows:
8014
8015 Table 23.45.014 C Required Setback Between Facing Facades Lowrise Zones
8016
8017<table><tr><td>Length of Facing
8018   
8019 Facades, in Feet
8020
8021</td><td>Average
8022   
8023 Setback Between
8024   
8025 Facing Facades
8026   
8027 (in Feet)
8028
8029</td><td>Minimum
8030   
8031 Setback
8032   
8033 (in Feet)
8034
8035</td></tr>
8036
8037<tr><td>40 or less
8038
8039</td><td>10
8040
8041</td><td>10
8042
8043</td></tr>
8044
8045<tr><td>41 to 60
8046
8047</td><td>15
8048
8049</td><td>10
8050
8051</td></tr>
8052
8053<tr><td>61 to 80
8054
8055</td><td>20
8056
8057</td><td>10
8058
8059</td></tr>
8060
8061<tr><td>81 to 100
8062
8063</td><td>25
8064
8065</td><td>10
8066
8067</td></tr>
8068
8069<tr><td>101 to 150
8070
8071</td><td>30
8072
8073</td><td>10
8074
8075</td></tr>
8076
8077<tr><td>151 or more
8078
8079</td><td>40
8080
8081</td><td>10
8082
8083</td></tr>
8084
8085</table> 3. Setbacks shall apply only to portions of the facades that are directly across from each other.  4. In Lowrise 2, Lowrise 3 and Lowrise 4 zones structures in cluster developments may be connected by elevated walkways, provided that:
8086
8087 a. One (1) elevated walkway shall be permitted to connect any two (2) structures in the development;
8088
8089 b. Additional elevated walkways, in excess of one (1), between any two (2) structures may be permitted by the Director when it is determined that by their location or design a visual separation between structures is maintained;
8090
8091 c. All elevated walkways shall meet the following standards:
8092
8093 (1) The roof planes of elevated walkways shall be at different levels than the roofs or parapets of connected structures.
8094
8095 (2) Walkways shall be set back from street lot lines and the front facades of the structures they connect, and whenever possible shall be located or landscaped so that they are not visible from a street.
8096
8097 (3) The design of the walkways and the materials used shall seek to achieve a sense of openness and transparency.
8098
8099 (4) Elevated walkways shall add to the effect of modulation rather than detract from it.
8100
8101 5. For structures connected by elevated walkways, the length of the facade shall be defined as the lengths of the facades connected by the elevated walkways and shall exclude the length of the elevated walkway.
8102
8103 E. Interior Separation for Cottage Housing Developments. In cottage housing developments, there shall be a minimum separation of six (6) feet between principal structures, unless there is a principal entrance on an interior facade of either or both of the facing facades, in which case the minimum separation shall be ten (10) feet. Facades of principal structures facing facades of accessory structures shall be separated by a minimum of three (3) feet.
8104
8105 F. Projections into Required Setbacks.
8106
8107 1. Special Features of a Structure.
8108
8109 a. External architectural details with no living space including cornices, eaves, sunshades, gutters, and vertical architectural features which are less than eight (8) feet in width, may project a maximum of eighteen (18) inches into any required setback.
8110
8111 b. Bay windows shall be limited to eight (8) feet in width and may project no more than two (2) feet into a front, rear, or street side setback. In no case shall bay windows be closer than five (5) feet to any lot line.
8112
8113 c. Other projections which include interior space, such as garden windows, may extend no more than eighteen (18) inches into any required setback, starting a minimum of thirty (30) inches above finished floor, and with maximum dimensions of six (6) feet tall and eight (8) feet wide.
8114
8115 d. The combined area of features permitted in subsections F1b and c above may comprise no more than thirty (30) percent of the area of the facade.
8116
8117 2. Unenclosed Decks and Balconies.
8118
8119 a. Unenclosed decks and balconies may project a maximum of four (4) feet into the required front setback provided they are a minimum of ten (10) feet from the front lot line in Lowrise Duplex/Triplex and Lowrise 1 zones and eight (8) feet from the front lot line in Lowrise 2, Lowrise 3 and Lowrise 4 zones.
8120
8121 b. Except as provided in subsection G5 of Section 23.45.014, unenclosed decks and balconies shall be permitted in side setbacks, provided they are a minimum of five (5) feet from a side lot line, and may project into the required rear setback a maximum of four (4) feet provided they are a minimum of five (5) feet from a rear lot line.
8122
8123 c. Unenclosed decks and balconies permitted in required setbacks shall be limited to a maximum width of twenty (20) feet and shall be separated by a distance equal to at least one-half ( 1/2) the width of the projection.
8124
8125 d. All permitted projections into required front and rear setbacks shall begin a minimum of eight (8) feet above finished grade.
8126
8127 3. An unenclosed porch or steps may extend a maximum of six (6) feet into the required front setback at ground level, provided that it is set back the same distance from the front lot line as that required for unenclosed decks and balconies.
8128
8129 G. Structures in Required Setbacks.
8130
8131 1. Detached garages, carports, or other accessory structures are permitted in the required rear setback, provided that any accessory structure located between a principal structure and the side lot line shall provide the setback required for the principal structure. (See Exhibit 23.45.014 A.)
8132
8133 All such accessory structures, including garages, shall be no greater than 12 feet in height. The height of garages shall be measured on the facade containing the entrance for the vehicles, with open rails permitted above 12 feet.
8134
8135 2. Ramps or other devices necessary for access for the disabled and elderly, which meet Washington State Building Code, Chapter 11, are permitted in required front, side or rear setbacks.
8136
8137 3. Uncovered, unenclosed pedestrian bridges, necessary for access and less than 5 feet in width, are permitted in required front, side and rear setbacks.
8138
8139 4. Fences, Freestanding Walls, Bulkheads, Signs and Other Similar Structures.
8140
8141 a. Fences, freestanding walls, signs and other similar structures 6 feet or less in height above existing or finished grade whichever is lower, are permitted in required front, side, or rear setbacks. The 6 foot height may be averaged above sloping grade for each 6 foot long segment of the fence, but in no case may any portion of the fence exceed 8 feet.
8142
8143 Architectural features may be added to the top of the fence or freestanding wall above the 6 foot height when the following provisions are met: horizontal architectural feature(s), no more than 10 inches high and separated by a minimum of 6 inches of open area, measured vertically from the top of the fence, may be permitted when the overall height of all parts of the structure, including post caps, are no more than 8 feet high; averaging the 8 foot height is not permitted. Structural supports for the horizontal architectural feature(s) may be spaced no closer than 3 feet on center.
8144
8145 b. The Director may allow variation from the development standards listed in subsection G4a above, according to the following:
8146
8147 i. No part of the structure may exceed 8 feet;
8148
8149 ii. Any portion of the structure above 6 feet shall be predominately open, such that there is free circulation of light and air.
8150
8151 c. Bulkheads and retaining walls used to raise grade may be placed in any required yard when limited to 6 feet in height, measured above existing grade. A guardrail no higher than 42 inches may be placed on top of a bulkhead or retaining wall existing as of 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 9.5 feet.
8152
8153 d. Bulkheads and retaining walls used to protect a cut into existing grade may not exceed the minimum height necessary to support the cut or 6 feet, whichever is greater. When the bulkhead is measured from the low side and it exceeds 6 feet, an open guardrail of no more than 42 inches meeting Building Code requirements may be placed on top of the bulkhead or retaining wall. A fence must be set back a minimum of 3 feet from such a bulkhead or retaining wall.
8154
8155 5. Decks no more than 18 inches above existing or finished grade, whichever is lower, may project into required setbacks.
8156
8157 6. Underground structures are permitted in all setbacks.
8158
8159 7. Solar collectors are permitted in required setbacks, subject to the provisions of Section 23.45.545.C.
8160
8161 8. Arbors. Arbors may be permitted in required setbacks under the following conditions:
8162
8163 a. In each required setback, an arbor may be erected with no more than a 40 square foot footprint, measured on a horizontal roof plane inclusive of eaves, to a maximum height of 8 feet. Both the sides and the roof of the arbor must be at least 50 percent open, or, if latticework is used, there must be a minimum opening of 2 inches between crosspieces.
8164
8165 b. In each required setback abutting a street, an arbor over a private pedestrian walkway with no more than a 30 square foot footprint, measured on the horizontal roof plane and inclusive of eaves, may be erected to a maximum height of 8 feet. The sides of the arbor shall be at least 50 percent open, or, if latticework is used, there must be a minimum opening of 2 inches between crosspieces.
8166
8167 H. Front and rear setbacks on lots containing certain environmentally critical areas or buffers may be reduced pursuant to the provisions of Sections 25.09.280 and 25.09.300.
8168
8169 Section 23.45.015 Screening and landscaping requirements- Lowrise zones (Ordinance Section 28)
8170
8171 A. Quantity.
8172
8173 1. A minimum landscaped area that is equivalent in square footage to three (3) feet times the total length of all property lines shall be provided, except as specified in subsection A5 of this section.
8174
8175 2. If screening and landscaping of parking from direct street view is provided according to subsection D of Section 23.45.018, that amount of landscaped area may be counted toward fulfilling the total amount of landscaped area required by this section.
8176
8177 3. Landscaped usable open space that is provided for apartments or terraced housing and located at ground level, may be counted toward fulfilling the total amount of landscaped area required by this section.
8178
8179 4. Street trees shall be provided in the planting strip according to Seattle Department of Transportation Tree Planting Standards, unless it is not possible to meet the standards. Existing street trees may count toward meeting the street tree requirement.
8180
8181 5. Exceptions.
8182
8183 a. If full landscaping is not possible because of the location of existing structures and/or existing parking, the amount of required landscaped area may be reduced by up to fifty (50) percent. The Director may require that landscaping which cannot be provided on the lot be provided in the planting strip.
8184
8185 b. If landscaping 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 amount of landscaping required in those locations. No reduction or waiver shall apply to screening and landscaping of parking required by subsection D of Section 23.45.018 or open space required by Section 23.45.016.
8186
8187 B. Development Standards.
8188
8189 1. Except for the screening and landscaping of parking, which shall be provided according to subsection D of Section 23.45.018, landscaping may be provided on all sides of the lot, or may be concentrated in one (1) or more areas. However, a landscaped area at least three (3) feet deep shall be provided at the following locations, except as provided in subsection B2:
8190
8191 a. Along street property lines;
8192
8193 b. Along property lines which abut single-family zoned lots;
8194
8195 c. Along alleys across from single-family zoned lots.
8196
8197 2. Breaks in required screening and landscaping shall be permitted to provide pedestrian and vehicular access. Breaks in required screening and landscaping for vehicular access shall not exceed the width of permitted curbcuts and any required sight triangles. When an alley is used as an aisle, the Director may reduce or waive the required screening or landscaping along the alley.
8198
8199 3. Required landscaping shall meet standards promulgated by the Director.
8200
8201 C. Tree Requirements in Landscaped Areas in Lowrise Duplex/Triplex, Lowrise 1, and Lowrise 2 Zones.
8202
8203 1. Trees shall be required when new lowrise multifamily dwelling units are constructed. This requirement may be met using options in subsection C1a or C1b below. The minimum number of caliper inches of tree required per lot may be met through using either the tree preservation option or tree planting option set forth below, or through a combination of preservation and planting. Trees within public and private rights-of-way may not be used to meet this standard.
8204
8205 a. Tree Preservation Option. For lots over three thousand (3,000) square feet, at least two (2) caliper inches of existing tree per one thousand (1,000) square feet of lot area must be preserved. On lots that are three thousand (3,000) square feet or smaller, at least three (3) caliper inches of existing tree must be preserved per lot. When this option is used, a tree preservation plan is required.
8206
8207 b. Tree Planting Option. For lots over three thousand (3,000) square feet, at least two (2) caliper inches of tree per one thousand (1,000) square feet of lot area must be planted. On lots that are three thousand (3,000) square feet or smaller, at least three (3) caliper inches of tree must be planted per lot.
8208
8209 2. Tree Measurements. Trees planted to meet the requirements in subsection C1 above shall be at least one and one-half (1.5) inches in diameter. The diameter of new trees shall be measured (in caliper inches) six (6) inches above the ground. Existing trees shall be measured four and one-half (4.5) feet above the ground. When an existing tree is three (3) to ten (10) inches in diameter, each one (1) inch counts as one (1) inch toward meeting the tree requirements in subsection C1 above. When an existing tree is more than ten (10) inches in diameter, each one (1) inch of the tree that is over ten (10) inches shall count as three (3) inches toward meeting the tree requirement.
8210
8211 3. Tree Preservation Plans. If the tree preservation option is chosen, a tree preservation plan must be submitted and approved. The plan may be submitted as part of the overall landscaping plan for the project. Tree preservation plans shall provide for protection of trees during construction according to standards promulgated by the Department of Planning and Development.
8212
8213 23.45.016 Open space requirements-Lowrise zones (Ordinance Section 28)
8214
8215 A. Quantity of Open Space.
8216
8217 1. A minimum landscaped area that is equivalent in square footage to three (3) feet times the total length of all property lines shall be provided, except as specified in subsection A5 of this section.
8218
8219 2. If screening and landscaping of parking from direct street view is provided according to subsection D of Section 23.45.018, that amount of landscaped area may be counted toward fulfilling the total amount of landscaped area required by this section.
8220
8221 3. Landscaped usable open space that is provided for apartments or terraced housing and located at ground level, may be counted toward fulfilling the total amount of landscaped area required by this section.
8222
8223 4. Street trees shall be provided in the planting strip according to Seattle Department of Transportation Tree Planting Standards, unless it is not possible to meet the standards. Existing street trees may count toward meeting the street tree requirement.
8224
8225 5. Exceptions.
8226
8227 a. If full landscaping is not possible because of the location of existing structures and/or existing parking, the amount of required landscaped area may be reduced by up to fifty (50) percent. The Director may require that landscaping which cannot be provided on the lot be provided in the planting strip.
8228
8229 b. If landscaping 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 amount of landscaping required in those locations. No reduction or waiver shall apply to screening and landscaping of parking required by subsection D of Section 23.45.018 or open space required by Section 23.45.016.
8230
8231 B. Development Standards.
8232
8233 1. Lowrise Duplex/Triplex Zones and Ground-related Housing in Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones.
8234
8235 a. Lowrise Duplex/Triplex Zones-Private Usable Open Space.
8236
8237 (1) Private usable open space shall be provided at ground level in one (1) contiguous parcel with a minimum area of four hundred (400) square feet, except that in cottage housing developments, the quantity per unit shall be a minimum of two hundred (200) square feet. No horizontal dimension of the open space shall be less than ten (10) feet.
8238
8239 (2) Private usable open space shall be located a maximum of four (4) feet above or below a private entry to the unit it serves. The floor of the unit accessed by this entry shall have a minimum area of three hundred (300) square feet. This minimum area may include a private garage if habitable floor area of the same unit is located directly above.
8240
8241 b. Lowrise Duplex/Triplex Zones-Common Open Space. Required common open space shall be provided at ground level in one (1) contiguous parcel with a minimum area of six hundred (600) square feet, except that in cottage housing developments, the quantity per unit shall be a minimum of one hundred fifty (150) square feet. In cottage housing developments, each cottage shall abut the common open space. No horizontal dimension of open space shall be less than ten (10) feet.
8242
8243 c. Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones-Ground- related Housing.
8244
8245 (1) In Lowrise 1 zones the required open space shall be provided in one (1) contiguous parcel, except that in cottage housing developments, the open space shall be allotted as described in subsections A2c above and B1c(5) below. In Lowrise 2, Lowrise 3 and Lowrise 4 zones, the required open space for each ground-related dwelling unit is not required to be in one (1) contiguous area, but no open space area shall be less than one hundred twenty (120) square feet. No horizontal dimension of the open space shall be less than ten (10) feet.
8246
8247 (2) Required open space may be located a maximum of ten (10) feet above or below the unit it serves, except as permitted in subsection B1c(4), provided that the access to such open space does not go through or over common circulation areas, common or public open spaces, or the open space serving another unit.
8248
8249 (3) At least fifty (50) percent of the required open space for a unit shall be level, provided that:
8250
8251 i. The open space may be terraced; and
8252
8253 ii. Minor adjustments in level shall be permitted as long as the difference in elevation between the highest and lowest point does not exceed two (2) feet.
8254
8255 (4) For additional dwelling units proposed within a structure existing on August 11, 1982, the vertical distance between the unit and the private, landscaped open space may exceed ten (10) feet where the following criteria are met:
8256
8257 i. Where the structure was constructed with floor-to-floor heights in excess of ten (10) feet, the open space may be located a maximum of ten (10) feet plus the height between floors in excess of ten (10) feet, above or below the unit it serves; or
8258
8259 ii. Where the structure was constructed with the first floor in excess of two (2) feet above grade, the open space may be located a maximum of ten (10) feet plus the additional height of the first floor in excess of two (2) feet above grade, above or below the unit it serves.
8260
8261 (5) Lowrise 1 Zone-Cottage Housing Developments.
8262
8263 i. At least fifty (50) percent of the required total open space per unit shall be provided as private usable open space in one (1) contiguous parcel. No horizontal dimension of the open space shall be less than ten (10) feet.
8264
8265 ii. Common open space shall be provided at ground level in one (1) contiguous parcel with a minimum area per unit of one hundred fifty (150) square feet. No horizontal dimension of the open space shall be less than ten (10) feet. Each cottage shall abut the common open space.
8266
8267 d. Required open space may be located in the front, sides or rear of the structure.
8268
8269 e. To ensure privacy of open space, openings such as windows and doors on the ground floor of walls of a dwelling unit, or common areas which directly face the open space of a different unit, are prohibited, unless such openings are screened by view-obscuring fences, freestanding walls or wingwalls.
8270
8271 f. Parking areas, driveways and pedestrian access, except for pedestrian access meeting the Washington State Building Code, Chapter 11, shall not be counted as open space.
8272
8273 g. Required private usable open space shall be landscaped according to standards promulgated by the Director for ground- related dwelling units.
8274
8275 2. Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones- Apartments.
8276
8277 a. No horizontal dimension for required ground-level open space shall be less than ten (10) feet.
8278
8279 b. Required open space is permitted in the front, sides or rear of the structure.
8280
8281 c. Parking areas, driveways and pedestrian access, except pedestrian access meeting the Washington State Building Code, Chapter 11, shall not be counted as open space.
8282
8283 d. In order to qualify as above-ground level open space, balconies, decks, and in L3 and L4 zones, individual unit decks on roofs, shall all have a minimum horizontal dimension of six (6) feet, and a total area of at least sixty (60) square feet, while common roof gardens in L3 and L4 zones shall have a minimum area of two hundred fifty (250) square feet. Common roof garden open space shall be landscaped according to the rules promulgated by the Director.
8284
8285 e. For cluster development, at least twenty (20) percent of the required open space shall be provided in one (1) contiguous area.
8286
8287 f. Terraced Housing on a Slope of Twenty-five (25) Percent or More.
8288
8289 (1) No horizontal dimension for required ground-level open space shall be less than ten (10) feet.
8290
8291 (2) Required open space is permitted in the front, sides or rear of the structure.
8292
8293 (3) Parking areas, driveways and pedestrian access, except pedestrian access meeting the Washington State Building Code, Chapter 11, shall not be counted as open space.
8294
8295 (4) In order to qualify as above-ground-level open space, rooftop areas shall have a minimum horizontal dimension of at least ten (10) feet and a total area of at least one hundred twenty (120) square feet.
8296
8297 g. When a transmitting antenna is sited or proposed to be sited on a rooftop where required open space is located, see Section 23.57.011.
8298
8299 3. Open Space Exception. When all parking and access to parking is uncovered and is surfaced in permeable material, except gravel, the quantity of required ground-level open space shall be reduced by five (5) percent of the total lot area.
8300
8301 C. Open Space Relationship to Grade.
8302
8303 1. The elevation of open space for ground-related housing must be within 10 vertical feet of the elevation of the dwelling unit it serves. The 10 feet is measured between the finished floor level of the principal living areas of a dwelling unit and the grade of at least 50 percent of the required open space. Direct access to the open space shall be from at least one habitable room of at least 80 square feet of the principal living areas of the unit. Principal living areas do not include foyers, entrance areas, closets or storage rooms, hallways, bathrooms or similar rooms alone or in combination. This subsection 23.45.016.C.1 does not apply to townhouses or single-family structures.
8304
8305 2. The grade of the ground level open space shall be no higher than 18 inches above the existing grade. The portion of the open space that is within 10 vertical feet of the unit shall include the point where the access to the open space from the unit occurs.
8306
8307 3. The elevation of private usable open space for Lowrise Duplex/Triplex structures must be within 4 feet of the elevation of the dwelling unit it serves. The 4 feet is measured between the finished floor level of the dwelling unit and the grade of at least 50 percent of the required open space. The grade of the ground level open space shall be no higher than 18 inches above the existing grade. The maximum difference in elevation at the point of access shall be 4 feet.
8308
8309 23.45.017 Light and glare standards-Lowrise zones. (Ordinance Section 28)
8310
8311 A. Exterior lighting shall be shielded and directed away from adjacent properties.
8312
8313 B. Interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties.
8314
8315 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 a 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 driveway 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.
8316
8317 23.45.018 Parking and access-Lowrise zones. (Ordinance Section 28)
8318
8319 A. Parking Quantity. Parking shall be required as provided in Chapter 23.54.
8320
8321 B. Access to Parking.
8322
8323 1. Alley Access Required. Access to parking shall be from the alley when the site abuts a platted alley improved to the standards of subsection C of Section 23.53.030 or when the Director determines that alley access is feasible and desirable to mitigate parking access impacts. Except as provided in subsections B2 or B3 of this section, street access shall not be permitted.
8324
8325 2. Street Access Required. Access to parking shall be from the street when:
8326
8327 a. Due to the relationship of the alley to the street system, use of the alley for parking access would create a significant safety hazard; or
8328
8329 b. The lot does not abut a platted alley; or
8330
8331 c. In Lowrise 3 zones, apartments are proposed across an alley from a Single-family or Lowrise Duplex/Triplex zone; or
8332
8333 d. In Lowrise 4 zones apartments are proposed across an alley from a Single-family, Lowrise Duplex/Triplex or Lowrise 1 zone.
8334
8335 3. Street or Alley Access Permitted. Access to parking may be from either the alley or the street, but not both, when the conditions listed in subsection B2 do not apply, and one (1) or more of the following conditions are met:
8336
8337 a. Topography makes alley access infeasible;
8338
8339 b. In all zones except Lowrise Duplex/Triplex, ground-related housing is proposed across an alley from a Single-family zone;
8340
8341 c. Access to required barrier-free parking spaces which meet the Washington State Building Code, Chapter 11, may be from either the street or alley, or both.
8342
8343 4. In Lowrise Duplex/Triplex zones, no more than fifty (50) percent of the total area of the required front setback extended to side lot lines may be occupied by a driveway providing access to parking, except where the minimum required driveway standards will exceed fifty (50) percent of the front setback.
8344
8345 C. Location of Parking.
8346
8347 1. Parking shall be located on the same site as the principal use.
8348
8349 2. Parking may be located in or under the structure, provided that:
8350
8351 a. For ground-related housing, the parking is screened from direct street view by the street-facing facades of the structure (see Exhibit 23.45.018 A), by garage doors, or by a fence and landscaping as provided in subsection D of Section 23.45.018 (see Exhibit 23.45.018 B).
8352
8353 b. For apartments, the parking is screened from direct street view by the street-facing facades of the structure. For each permitted curbcut, the facades may contain one (1) garage door, not to exceed the maximum width allowed for curbcuts (see Exhibit 23.45.018 A).
8354
8355 3. Parking may be located outside a structure provided it maintains the following relationships to lot lines and structures. In all cases parking located outside of a structure shall be screened from direct street view as provided in subsection D of Section 23.45.018.
8356
8357 a. Parking may be located between any structures on the same lot, except that for cottage housing developments, parking is not permitted between cottages.
8358
8359 b. Rear Lot Lines. Parking may be located between any structure and the rear lot line of the lot. (See Exhibit 23.45.018 C.)
8360
8361 c. Side Lot Lines. Parking may be located between any structure and a side lot line which is not a street side lot line (see Exhibit 23.45.018 C). Where the location between the structure and a side lot line is also between a portion of the same structure and the front lot line, subsection C3d(3) shall apply. (See Exhibit 23.45.018 D.)
8362
8363 d. Front and Street Side Lot Lines. Parking may be located between any structure and the front and street side lot lines, provided that:
8364
8365 (1) On a through lot, parking may be located between the structure and one (1) of the front lot lines; provided, that on lots one hundred twenty-five (125) feet or more in depth, parking shall not be located in either front setback. The frontage in which the parking may be located shall be determined by the Director based on the prevailing character and setback patterns of the block.
8366
8367 (2) For ground-related housing on corner lots, parking may be located between the structure and a street lot line along one (1) street frontage only.
8368
8369 (3) Parking may be located between the front lot line and a portion of a structure, provided that:
8370
8371 i. The parking is also located between a side lot line, other than a street side lot line, and a portion of the same structure which is equal to at least thirty (30) percent of the total width of the structure. (See Exhibit 23.45.018 D.)
8372
8373 ii. In Lowrise 1 and Lowrise 2 zones the parking is not located in the front setback and in no case closer than twenty (20) feet to the front lot line.
8374
8375 iii. In Lowrise 3 and Lowrise 4 zones the parking is not located in the front setback and in no case closer than fifteen (15) feet to the front lot line.
8376
8377 4. Location of Parking in Special Circumstances.
8378
8379 a. For a cluster development, the location of parking shall be determined in relation to the structure or structures which have perimeter facades facing a street. (See Exhibit 23.45.018 E.)
8380
8381 b. In all Lowrise zones, the Director may permit variations from the development standards for parking location and design, and curbcut quantity and width, for lots meeting the following conditions:
8382
8383 (1) Lots proposed for ground-related housing with no feasible alley access and with:
8384
8385 i. Less than eighty (80) feet of street frontage, or
8386
8387 ii. Lot depth of less than one hundred (100) feet, or
8388
8389 iii. A rise or drop in elevation of at least twelve (12) feet in the first sixty (60) feet from the front lot line; and
8390
8391 (2) Lots proposed for apartments and terraced housing with no feasible alley access and a rise or drop in elevation of at least twelve (12) feet in the first sixty (60) feet from the front lot line;
8392
8393 (3) On lots meeting the standards listed in subsections C4b(1) and C4b(2), the following variations may be permitted:
8394
8395 i. Ground-related Housing. Parking may be located between the structure and the front lot line,
8396
8397 ii. Apartments. Parking may be located in or under the structure if screened from direct street view by garage doors or by fencing and landscaping;
8398
8399 (4) In order to permit such alternative parking solutions, the Director must determine that siting conditions, such as the topography of the rest of the lot, or soil and drainage conditions, warrant the exception, and that the proposed alternative solution meets the following objectives: Maintaining on-street parking capacity, an attractive environment at street levels, landscaped street setbacks, unobstructed traffic flow and, where applicable, the objectives of the Shoreline Master Program. In no case shall a curbcut be authorized to exceed thirty (30) feet in width.
8400
8401 D. Screening of Parking.
8402
8403 1. Parking shall be screened from direct street view by the front facade of a structure, by garage doors, and by a fence or wall between five (5) and six (6) feet in height. When the fence or wall runs along the street, there shall be a landscaped area a minimum of three (3) feet deep on the street side of the fence or wall. The screening shall be located outside any required sight triangle. (See Exhibit 23.45.018 F.)
8404
8405 2. The height of the visual barrier created by the screen required in subsection D1 shall be measured from street level. If the elevation of the lot line is different from the finished elevation of the parking surface, the difference in elevation may be measured as a portion of the required height of the screen, so long as the screen itself is a minimum of three (3) feet in height (see Exhibit 23.45.018 F).
8406
8407 3. Screening may also be required to reduce glare from vehicle lights, according to Section 23.45.017, Light and glare standards.
8408
8409 23.45.005 Development standards for single-family structures (Ordinance Section 39)
8410
8411 A. In Lowrise zones, except for cottage housing developments permitted in Lowrise Duplex/Triplex and Lowrise 1 zones according to subsection 23.45.005.D, single-family structures are subject to the development standards for ground-related dwelling units, except as provided in subsections 23.45.005.C and D below, and except that open space shall be provided according to the provisions for single-family structures in each zone, in Section 23.45.016.
8412
8413 B. In MR and HR zones, single-family structures shall meet the development standards of the zone.
8414
8415 C. In all multifamily zones, certain additions may extend into a required setback when an existing single-family structure is already nonconforming with respect to that setback, if the presently nonconforming section is at least 60 percent of the total width of the respective facade of the structure prior to the addition. The line formed by the nonconforming wall of the structure shall be the limit to which any additions may be built, which may extend up to the height limit and may include basement additions (Exhibit A for 23.45.005). New additions to a nonconforming wall or walls shall comply with the following requirements:
8416
8417 1. When it is a side wall, it is at least 3 feet from the side lot line;
8418
8419 2. When it is a rear wall, it is at least 10 feet from the rear lot line or centerline of an alley abutting the rear lot line;
8420
8421 3. When it is a front wall, it is at least 10 feet from the front lot line.
8422
8423 23.47A.029 Solid waste and recyclable materials storage space. (Ordinance Section 50)
8424
8425 A. Storage space for solid waste and recyclable materials containers shall be provided as indicated in the table below for all new structures permitted in NC zones or C zones and for existing multifamily structures with ten (10) or more units when expanded by two (2) or more units.
8426
8427<table><tr><td>Table for Sec. 23.47A.029
8428
8429</td></tr>
8430
8431<tr><td>Structure Type
8432
8433</td><td>Structure Size
8434
8435</td><td>Minimum Area for Storage Space
8436
8437</td><td>Container Type
8438
8439</td></tr>
8440
8441<tr><td>Residential*
8442
8443</td><td>7-15 units
8444
8445</td><td>75 square feet
8446
8447</td><td>Rear-loading
8448
8449</td></tr>
8450
8451<tr><td></td><td>16-25 units
8452
8453</td><td>100 square feet
8454
8455</td><td>Rear-loading
8456
8457</td></tr>
8458
8459<tr><td></td><td>26-50 units
8460
8461</td><td>150 square feet
8462
8463</td><td>Front-loading
8464
8465</td></tr>
8466
8467<tr><td></td><td>51-100 units
8468
8469</td><td>200 square feet
8470
8471</td><td>Front-loading
8472
8473</td></tr>
8474
8475<tr><td></td><td>More than 100 units
8476
8477</td><td>200 square feet plus 2 square feet for each additional unit
8478
8479</td><td>Front-loading
8480
8481</td></tr>
8482
8483<tr><td>Nonresidential (1)
8484
8485</td><td>0-5,000 square feet
8486
8487</td><td>82 square feet
8488
8489</td><td>Rear-loading
8490
8491</td></tr>
8492
8493<tr><td></td><td>5,001-15,000 square feet
8494
8495</td><td>125 square feet
8496
8497</td><td>Rear-loading
8498
8499</td></tr>
8500
8501<tr><td></td><td>15,001-50,000 square feet
8502
8503</td><td>175 square feet
8504
8505</td><td>Front-loading
8506
8507</td></tr>
8508
8509<tr><td></td><td>50,001-100,000 square feet
8510
8511</td><td>225 square feet
8512
8513</td><td>Front-loading
8514
8515</td></tr>
8516
8517<tr><td></td><td>100,001-200,000 square feet
8518
8519</td><td>275 square feet
8520
8521</td><td>Front-loading
8522
8523</td></tr>
8524
8525<tr><td></td><td>200,001 plus square feet
8526
8527</td><td>500 square feet
8528
8529</td><td>Front-loading
8530
8531</td></tr>
8532
8533</table> (1) Mixed-Use Buildings. Buildings containing residential and nonresidential uses with eighty (80) percent or more of gross floor area designated for residential use will be considered residential buildings. All other mixed-use buildings will be considered nonresidential buildings.  B. The design of the storage space shall meet the following requirements:
8534
8535 1. The storage space shall have no horizontal dimension (width and depth) less than six (6) feet;
8536
8537 2. The floor of the storage space shall be level and hard- surfaced (garbage or recycling compactors require a concrete surface); and
8538
8539 3. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.
8540
8541 C. The location of the storage space shall meet the following requirements:
8542
8543 1. The storage space must be located on the lot 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;
8544
8545 2. The storage space must not be located in any required driveways, parking aisles, or parking spaces for the structure;
8546
8547 3. The storage space must not block or impede any fire exits, any public rights-of-ways or any pedestrian or vehicular access; and
8548
8549 4. The storage space must be located to minimize noise and odor to building occupants and neighboring developments.
8550
8551 D. Access to the storage space for occupants and service providers shall meet the following requirements:
8552
8553 1. For rear-loading containers:
8554
8555 a. Any proposed ramps to the storage space shall be of six (6) percent slope or less, and
8556
8557 b. Any proposed gates or access routes must be a minimum of six (6) feet wide; and
8558
8559 2. For front-loading containers:
8560
8561 a. Direct access shall be provided from the alley or street to the containers,
8562
8563 b. Any proposed gates or access routes shall be a minimum of ten (10) feet wide, and
8564
8565 c. When accessed directly by a collection vehicle into a structure, a twenty-one (21) foot overhead clearance shall be provided.
8566
8567 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.
8568
8569 F. The Director, in consultation with the Director of Seattle Public Utilities, has the discretion to grant departures from the requirements of subsections A, B, C, and D of this section above, as a Type I Master Use Permit decision, under the following circumstances:
8570
8571 1. When either:
8572
8573 a. The applicant can demonstrate difficulty in meeting any of the requirements of subsections A, B, C, and D of this section; or
8574
8575 b. The applicant proposes to expand a multifamily structure 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
8576
8577 2. When the applicant proposes alternative, workable measures that meet the intent of this section.
8578
8579 23.48.031 Solid waste and recyclable materials storage space. (Ordinance Section 50)
8580
8581 A. Storage space for solid waste and recyclable materials containers shall be provided for all new structures permitted in the Seattle Mixed zone 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.
8582
8583<table><tr><td>Structure
8584   
8585 Type
8586
8587</td><td>Structure Size
8588
8589</td><td>Minimum Area
8590   
8591 for
8592   
8593 Storage Space
8594
8595</td><td>Container Type
8596
8597</td></tr>
8598
8599<tr><td>Multifamily*
8600
8601</td><td>7-15 units
8602
8603</td><td>75 square feet
8604
8605</td><td>Rear-loading
8606
8607</td></tr>
8608
8609<tr><td></td><td>16-25 units
8610
8611</td><td>100 square feet
8612
8613</td><td>Rear-loading
8614
8615</td></tr>
8616
8617<tr><td></td><td>26-50 units
8618
8619</td><td>150 square feet
8620
8621</td><td>Front-loading
8622
8623</td></tr>
8624
8625<tr><td></td><td>51-100 units
8626
8627</td><td>200 square feet
8628
8629</td><td>Front-loading
8630
8631</td></tr>
8632
8633<tr><td></td><td>More than 100 units
8634
8635</td><td>200 square feet plus
8636
8637</td><td>Front-loading
8638
8639</td></tr>
8640
8641<tr><td></td><td></td><td>2 square feet for
8642
8643</td><td></td></tr>
8644
8645<tr><td></td><td></td><td>each additional
8646
8647</td><td></td></tr>
8648
8649<tr><td></td><td></td><td>unit
8650
8651</td><td></td></tr>
8652
8653<tr><td>Commercial*
8654
8655</td><td>0-5,000 square feet
8656
8657</td><td>82 square feet
8658
8659</td><td>Rear-loading
8660
8661</td></tr>
8662
8663<tr><td></td><td>5,001-15,000 square feet
8664
8665</td><td>125 square feet
8666
8667</td><td>Rear-loading
8668
8669</td></tr>
8670
8671<tr><td></td><td>15,001-50,000 square feet
8672
8673</td><td>175 square feet
8674
8675</td><td>Front-loading
8676
8677</td></tr>
8678
8679<tr><td></td><td>50,001-100,000 square feet
8680
8681</td><td>225 square feet
8682
8683</td><td>Front-loading
8684
8685</td></tr>
8686
8687<tr><td></td><td>100,001-200,000 square feet
8688
8689</td><td>275 square feet
8690
8691</td><td>Front-loading
8692
8693</td></tr>
8694
8695<tr><td></td><td>200,001 plus square feet
8696
8697</td><td>500 square feet
8698
8699</td><td>Front-loading
8700
8701</td></tr>
8702
8703</table> * 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:
8704
8705 1. The storage space shall have no dimension (width and depth) less than six (6) feet;
8706
8707 2. The floor of the storage space shall be level and hard- surfaced (garbage or recycling compactors require a concrete surface); and
8708
8709 3. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.
8710
8711 C. The location of the storage space shall meet the following requirements:
8712
8713 1. The storage space shall be located within the 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;
8714
8715 2. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure;
8716
8717 3. The storage space shall not block or impede any fire exits, public rights-of-ways or any pedestrian or vehicular access; and
8718
8719 4. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments.
8720
8721 D. Access to the storage space for occupants and service providers shall meet the following requirements:
8722
8723 1. For rear-loading containers (usually two (2) cubic yards or smaller):
8724
8725 a. Any proposed ramps to the storage space shall be of six (6) percent slope or less, and
8726
8727 b. Any proposed gates or access routes must be a minimum of six (6) feet wide; and
8728
8729 2. For front-loading containers (usually larger than two (2) cubic yards):
8730
8731 a. Direct access shall be provided from the alley or street to the containers,
8732
8733 b. Any proposed gates or access routes shall be a minimum of ten (10) feet wide, and
8734
8735 c. When accessed directly by a collection vehicle into a structure, a twenty-one (21) foot overhead clearance shall be provided.
8736
8737 E. The solid waste and recyclable materials storage space specifications required in subsections A, B, C, and D of this section above, in addition to the number and sizes of containers, shall be included on the plans submitted with the permit application.
8738
8739 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:
8740
8741 1. When the applicant can demonstrate difficulty in meeting any of the requirements of subsections A, B, C, and D of this section; or
8742
8743 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
8744
8745 3. When the applicant proposes alternative, workable measures that meet the intent of this section.
8746
8747 23.86.020 Modulation. (Ordinance Section 100)
8748
8749 Modulation criteria are described in the development standards for each multifamily residential zone. The following provisions describe how measurements shall be made in determining whether modulation requirements have been met.
8750
8751 A. Modulation Width.
8752
8753 1. Modulation width shall be the width of a facade segment between the points at which adjacent segments begin to step forward or back (Exhibit 23.86.020 A).
8754
8755 2. Balconies and decks shall be considered to be projections of the facade for the purpose of measuring modulation width.
8756
8757 3. The stepping forward or back in the facade between which modulation width is measured shall be sufficient to satisfy the minimum modulation requirements for width and depth specified in the standard development requirements for the appropriate multi-family zone. Steps in the facade which do not satisfy minimum modulation width or depth requirements shall not be considered to form a separate facade segment for the purpose of measuring modulation width, until such steps cumulatively satisfy the minimum dimension required.
8758
8759 4. In cases where the design of a structure is so unusual that the above provisions cannot be applied; for example, for wedge-shaped or curved facade projections; the Director shall determine when modulation requirements have been met.
8760
8761 B. Modulation Depth.
8762
8763 1. Modulation depth shall be the distance a facade segment steps forward or back from an adjacent facade segment (Exhibit 23.86.020 B).
8764
8765 2. Balconies and decks shall be considered to be projections of the facade for the purpose of measuring modulation depth.
8766
8767 3. When portions of a facade which step forward or back do not satisfy the minimum modulation width or depth specified in the standard development requirements for the appropriate multifamily zone, such portions shall not be considered to form a separate facade segment for the purpose of measuring modulation depth, until such steps cumulatively satisfy the minimum dimensions required.
8768
8769 4. In cases where the design of the structure is so unusual that the above provisions cannot be applied, the Director shall determine when modulation requirements have been met.
8770
8771 C. Calculating Maximum Permitted Modulation Width. The maximum width of modulation is prescribed in the standard development requirements for each multi-family zone. In those cases for which the maximum modulation width may be increased if the modulation depth is increased, the following provisions shall apply:
8772
8773 1. When the depth of modulation provided allows the structure to qualify for increased modulation width, each adjacent facade segment shall qualify for the increased width, each adjacent facade segment shall qualify for the increased width (Exhibit 23.86.020 C).
8774
8775 2. When a facade segment is bounded by two (2) modulated segments of differing depths, the maximum modulation width shall be determined by the greater of the two modulation depths (Exhibit 23.86.020 D).
8776
8777 Attachment B: Official Land Use Map amendments
8778
8779[Maps 6-9](/~ordpics/117014Atb_a.pdf)(1 MB)
8780
8781[Maps 44-46, 48](/~ordpics/117014Atb_b.pdf)(1.08 MB)
8782
8783[Maps 52-59](/~ordpics/117014Atb_c.pdf)(2.22 MB)
8784
8785[Maps 60-66](/~ordpics/117014Atb_d.pdf)(2.34 MB)
8786
8787[Maps 70-79](/~ordpics/117014Atb_e.pdf)(3.54 MB)
8788
8789[Maps 80-81, 84-89](/~ordpics/117014Atb_f.pdf)(2.99 MB)
8790
8791[Maps 90-96, 98-99](/~ordpics/117014Atb_g.pdf)(2.81 MB)