AN ORDINANCE relating to land use and zoning, amending Sections 23.43.008, 23.44.010, 23.44.012, 23.44.014, 23.44.016, 23.44.017, 23.44.022, 23.44.040, 23.54.015, 23.84A.016, 23.84A.032, and 23.86.006 and repealing Section 23.44.042 of the Seattle Municipal Code to modify the land use and zoning standards relating to Single Family neighborhoods to limit the impact of new development on existing homes and the character of single family neighborhoods, and setting effective dates.

WHEREAS, this Ordinance will implement measures dealing with the bulk, design, and environmental impacts of single family and institutional structures to limit the impact of new development on existing homes and the character of single family neighborhoods; and

WHEREAS, making these amendments would be in keeping with the City of Seattle's Comprehensive Plan, first adopted on July 25, 1994, Ordinance 117221, which incorporates goals and policies toward a sustainable Seattle and sets a goal of safeguarding and maintaining attractive, livable and affordable neighborhoods; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection B of Section 23.43.008 of the Seattle Municipal Code, which Section was last established by Ordinance 117430, is amended as follows:

23.43.008 Development standards for one dwelling unit per lot.

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B. Height Limit and Roof Pitch. The basic height limit shall be twenty-five (25) feet. The ridge of pitched roofs with a minimum slope of three four to twelve ( 3 4:12) may extend above the height limit to thirty (30) feet. All parts of the roof above twenty-five (25) feet shall be pitched.

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Section 2. Section 23.44.010 of the Seattle Municipal Code, which Section was last amended by Ordinance 122050, is amended as follows:

23.44.010 Lot requirements.

A. Minimum Lot Area. The minimum lot area shall be:

S.F. Zone Minimum Lot Area Required S.F. 9600 9,600 sq. ft. S.F. 7200 7,200 sq. ft S.F. 5000 5,000 sq. ft.

Submerged lands shall not be counted in calculating the area of lots for the purpose of these minimum lot area requirements, or the exceptions to minimum lot area requirements provided in this section.

B. Exceptions to Minimum Lot Area. The following exceptions to minimum lot area are subject to the limits of subsection B5. A lot which does not satisfy the minimum lot area requirements of its zone may be developed or redeveloped as a separate building site according to the following:

1. In order to recognize separate building sites established in the public record under previous codes, to allow the consolidation of very small lots into larger lots, to adjust lot lines to permit more orderly development patterns, and to create additional buildable sites out of oversized lots which are compatible with surrounding lots, the following exceptions are permitted if the Director determines that:

a. The lot was established as a separate building site in the public records of the county or City prior to July 24, 1957, by deed, contract of sale, mortgage, property tax segregation, platting or building permit and has an area of at least seventy-five (75) percent of the minimum required lot area and at least eighty (80) percent of the mean lot area of the lots on the same block face and within the same zone in which the lot is located (Exhibit 23.44.010 A), or

b. The lot is or was created by subdivision, short subdivision or lot boundary adjustment, and is at least seventy-five (75) percent of the minimum required lot area and is at least eighty (80) percent of the mean lot area of the lots on the same block face within which the lot will be located and within the same zone (Exhibit 23.44.010 A); or

2. The lot area deficit is the result of a dedication or

sale of a portion of the lot to the City or state for street or highway purposes and payment was received for only that portion of the lot, and the lot area remaining is at least fifty (50) percent of the minimum required; or

3. The lot would qualify as a legal building site under this section but for a reduction in lot area due to court-ordered adverse possession, and the amount by which the lot was so reduced was less than ten (10) percent of the former area of the lot, provided, that this exception shall not apply to lots reduced to less than fifty (50) percent of the minimum area required under subsection A of Section 23.44.010; or

4. The lot was established as a separate building site in the public records of the county or City prior to July 24, 1957, by deed, contract of sale, mortgage, property tax segregation, platting or building permit, and falls into one (1) of the following categories; provided that, lots on totally submerged lands shall not qualify for this exception:

a. The lot is not held in common ownership with any contiguous lot on or after the effective date of the ordinance from which this subsection derives,1 or

b. The lot is or has been held in common ownership with a contiguous lot on or after the effective date of the ordinance from which this subsection derives and is or has been developed with a principal structure which is wholly within the lot boundaries; provided, that no portion of any contiguous lot is required to meet the least restrictive of lot area, lot coverage, setback or yard requirements which were in effect at the time of the original construction of the principal structure, at the time of its subsequent additions, or which are in effect at the time of redevelopment of the lot (Exhibit 23.44.010 B), or

c. The lot is or has been held in common ownership with a contiguous lot on or after the effective date of the ordinance from which this subsection derives1 and is not developed with all or part of a principal structure; provided, that no portion of the lot is required to meet the least restrictive of lot area, lot coverage, setback or yard requirements which were in effect for a principal structure on the contiguous lot at the time of the construction of the principal structure, at the time of its subsequent additions, or which are in effect at the time of the development of the lot (Exhibit 23.44.010 B); and provided further, that if any portion of the lot to be developed has been used to meet the parking requirement in effect for a principal structure on a contiguous lot, such parking requirement can and shall be legally met on the contiguous lot.

For purposes of this subsection B4, removal of all or any part of a principal structure or destruction by fire or act of nature on or after the effective date of the ordinance from which this subsection derives1 shall not qualify the lot for the minimum lot area exception (Exhibit 23.44.010 C) except that minor features containing no interior floor area including but not limited to eaves and unenclosed decks extending onto an adjacent property do not serve to tie the properties together for purposes of this exception, and these features may be removed to allow separate development of the lots if they otherwise qualify; or

5. Development may occur on a substandard lot containing a riparian corridor, a shoreline habitat and shoreline habitat buffer, a wetland and wetland buffer, or a steep slope and steep slope buffer pursuant to the provisions of SMC Chapter 25.09, Regulations for Environmentally Critical Areas, if the following conditions apply:

a. The substandard lot is not held in common ownership with an adjacent lot or lots at any time after the effective date of SMC Chapter 25.09, Regulations for Environmentally Critical Areas, or

b. The substandard lot is held in common ownership with an adjacent lot or lots, or has been held in common ownership at any time after the effective date of SMC Chapter 25.09, Regulations for Environmentally Critical Areas2, 2 but proposed and future development will not intrude upon the environmentally critical area or buffer;

6. Lots contained in a clustered housing planned development (Section 23.44.024), a planned residential development (Section 23.44.034), or a clustered development in an environmentally critical area.

C. Maximum Lot Coverage. The maximum lot coverage permitted for principal and accessory structures shall not exceed thirty-five (35) percent of the lot area or one thousand seven hundred fifty (1,750) square feet, whichever is greater.is as follows:

Lot Size Maximum Lot Coverage

Less than 5,000 square feet (sq. ft.) 1,000 sq. ft. + 15% of lot area 5,000 sq. ft. or more 35% of lot area

D. Lot Coverage Exceptions.

1. Lots Abutting Alleys and Corner Lots. For purposes of computing the lot coverage only:

a. The area of a corner lot where a side lot line abuts upon a street may be increased by one-half (1/2) the width of the abutting side street.

b. The area of a lot with alley or alleys abutting any lot line may be increased by one-half (1/2) the width of the abutting alley or alleys.

cb. The total lot area for any lot may not be increased by the provisions of this section by more than twenty-five (25 ten percent (10%).

2. Special Structures and Portions of Structures. The following structures and portions of structures shall not be counted in lot coverage calculations:

a. Access Bridges. Uncovered, unenclosed pedestrian bridges of any height necessary for access and five (5) feet or less in width;

b. Barrier-free Access. Ramps or other access for the disabled or elderly meeting Washington State Building Code, Chapter 11;

c. Decks. Decks or parts of a deck which are thirty-six (36) eighteen (18) inches or less above the existing grade;

d. Freestanding Structures and Bulkheads. Fences, arbors and freestanding walls except bulkheads, signs and other similar structures;

e. Underground Structures. An underground structure, or underground portion of a structure, may occupy any part of the entire lot;

f. Eaves and Gutters. The first thirty-six (36) eighteen (18) inches of eaves and gutters projecting from principal and accessory structures, except that eaves associated with the roof of an arbor shall be included in lot coverage calculations;

g. Solar collectors meeting the provisions of Section 23.44.046 and swimming pools meeting the provisions of Section 23.44.044.

Section 3. Section 23.44.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 122190, is amended as follows:

23.44.012 Height limits.

A. Maximum Height Established.

1. Except as permitted in Sections 23.44.014 D3 and 23.44.041 B, and except as provided in subsections A2 and A3 below, the maximum permitted height for any structure not located in required yards shall not exceed the greater of the following:

a. Tthirty (30) feet;.

b. The average height of the two (2) single-family structures which the subject structure abuts if one (1) or both of the abutting structures exceed thirty (30) feet.

2. The maximum permitted height for any structure on lots thirty (30) feet or less in width shall not exceed the greater of the following:

a. Ttwenty-five (25) feet;.

b. The average height of the two (2) single-family structures on abutting lots, but not to exceed thirty (30) feet.

3. Expansions, extensions or replacements to any structure on lots established pursuant to 23.24.046, Multiple single-family dwelling units on a single-family lot, on lots thirty (30) feet or less in width are subject to the following:

a. The maximum permitted height shall not exceed twenty-five (25) feet, and

b. The averaging provisions of subsection 2b, above, do not apply.

4.3. The methods of determining structure height, height averages, and lot width are detailed in Chapter 23.86, Measurements.

B. Special Features.

1. Pitched Roofs. The ridge of a pitched roof on a principal structure may extend up to five (5) feet above the maximum height limit, as determined under subsection A above. All parts of the roof above the height limit must be pitched at a rate of not less than threefour to twelve ( 3 4:12) (Exhibit 23.44.012 A). No portion of a shed roof, except on a dormer, shall be permitted to extend beyond the maximum height limit, as determined under subsection A above. Roof forms including but not limited to barreled and domed roofs may be allowed under this subsection where the Director determines that the roof form remains within the massing of a pitched roof form such as a gable or gambrel roof that would otherwise be allowed by this subsection (Exhibit 23.44.012 B).`

Exhibit 23.44.12A Pitched Roof Provision on Flat Site

Exhibit 23.44.12B Barrel or Domed Roofs

2. Sloped Lots. Except for structures containing a detached accessory dwelling unit, 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 the measurements portion of this Land Use Code (Exhibit 23.44.012 BC. When the downhill portion of a sloped lot fronts on the street where the required front yard exemption in Section 23.44.014 A is claimed, the permitted height of the wall along the lowest elevation of the site shall be reduced one (1) foot for each foot of exemption claimed. In no case shall the height of the wall be required to be less than the maximum height limit, as determined under subsection A above.

Exhibit 23.44.012 B C Height Limits on Sloped Sites

C. Height Limit Exemptions.

1. Flagpoles. Except in the Airport Height Overlay District, Chapter 23.64, flagpoles are exempt from height limits, provided that they are no closer to any adjoining lot line than fifty (50) percent of their height above existing grade, or, if attached only to a roof, no closer than fifty (50) percent of their height above the roof portion where attached.

2. Other Features. Open rails, and planters , skylights, and clerestories may extend no higher than the ridge of a pitched roof or four (4) feet above a flat roof. Chimneys may extend four (4) feet above the ridge of a pitched roof or above a flat roof.

3. Projections that accommodate windows and result in additional interior space, including dormers, clerestories, skylights, and greenhouses, may extend no higher than the ridge of a pitched roof permitted pursuant to subsection B, or four feet (4') above the applicable height limit pursuant to subsection A, whichever is higher, if all of the following conditions are satisfied (Exhibit 23.44.012D):

a. the total area of these projections is limited to thirty percent (30%) of the area of each roof plane measured from the plan view perspective;

b. On pitched roofs, projections are limited to ten feet (10') in width with a minimum separation of three feet (3') from other projections; and

c. On flat roofs, projections are set back at least 4 feet from exterior walls.

Exhibit 23.44.012D Roof Projections

34. Solar Collectors. For height exceptions for solar collectors, not including solar greenhouses, see Section 23.44.046.

45. For nonresidential principal uses, the following rooftop features may extend up to ten (10) feet above the maximum height limit, as long as the combined total coverage of all features does not exceed fifteen (15) percent of the roof area or twenty (20) percent of the roof area if the total includes screened mechanical equipment:

a. Stair and elevator penthouses; and b. Mechanical equipment.

56. For height limits and exceptions for communication utilities and accessory communication devices, see Section 23.57.010.

Section 4. Section 23.44.014 of the Seattle Municipal Code, which Section was last amended by Ordinance 122190, is amended as follows:

23.44.014 Yards.

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C. Side Yards. The side yard shall be five (5) feet except as follows:.

1. In the case of a reversed corner lot, the key lot of which is in a single-family zone, the width of the side yard on the street side of the reversed corner lot shall be not less than ten (10) feet.

2. When the side yard of a lot borders on an alley, a single-family structure may be located in the required side yard, provided that no portion of the structure may cross the side lot line.

D. Exceptions from Standard Yard Requirements. No structure shall be placed in a required yard except pursuant to the following subsections:

1. Garages. Garages may be located in required yards subject to the standards of 23.44.016.

12. Certain Accessory Structures. Any accessory structure may be constructed in a side yard which abuts the rear or side yard of another lot, or in that portion of the rear yard of a reversed corner lot within five (5) feet of the key lot and not abutting the front yard of the key lot, upon recording with the King County Department of Records and Elections an agreement to this effect between the owners of record of the abutting properties. Any accessory structure which is a private gGarages may be located in that portion of a side yard which is either within thirty-five (35) feet of the centerline of an alley or within twenty-five (25) feet of any rear lot line which is not an alley lot line, without providing an agreement as provided in Section 23.44.016.

23. A single-family structure may extend into one (1) side yard if an easement is provided along the side or rear lot line of the abutting lot, sufficient to leave a ten (10) foot separation between that structure and any principal or accessory structures on the abutting lot. Features and projections such as porches, eaves, and chimneys shall be permitted in the ten (10) foot separation area as if the property line were five (5) feet from the wall of the house on the dominant lot, provided that no portion of either principal structure including eaves shall cross the actual property line. 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 yard.

34. Certain Additions. Certain additions may extend into a required yard when the existing single-family structure is already nonconforming with respect to that yard. The presently nonconforming portion must be at least sixty (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, except as described below. They may extend up to the height limit and may include basement additions. New additions to the nonconforming wall or walls shall comply with the following requirements (Exhibit 23.44.014 A):

a. Side Yard. When the addition is a side wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than three (3) feet to the side lot line;

b. Rear Yard. When the addition is a rear wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than twenty (20) feet to the rear lot line or centerline of an alley abutting the rear lot line;

c. Front Yard. When the addition is a front wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than fifteen (15) feet to the front lot line;

d. When the nonconforming wall of the single-family structure is not parallel or is otherwise irregular, relative to the lot line, then the Director shall determine the limit of the wall extension, except that the wall extension shall not be located closer than specified in subsections D3a-c above.

45. Uncovered Porches or Steps. Uncovered, unenclosed porches or steps may project into any required yard, provided that they are no higher than four (4) feet on average above existing grade, no closer than three (3) feet to any side lot line, no wider than six (6) feet and project no more than six (6) feet into required front or rear yards.

The height of porches and steps are to be calculated separately from each other.

56. Special Features of a Structure. Special features of a structure may extend into required yards subject to the following standards only, unless permitted elsewhere in this chapter:

a. External architectural details with no living area, such as chimneys, eaves, cornices and columns, may project no more than eighteen (18) inches into any required yard;

b. Bay windows shall be limited to eight (8) feet in width and may project no more than two (2) feet into a required front, rear, and street side yard;

c. Other projections which include interior space, such as garden windows, may extend no more than eighteen (18) inches into any required yard, starting a minimum of thirty (30) inches above finished floor, and with maximum dimensions of six (6) feet tall and eight (8) feet wide;

d. The combined area of features permitted in subsections D56b and c above may comprise no more than thirty (30) percent of the area of the facade.

67. Private Garages,Covered Unenclosed Decks, Roofs Over Patios and Other Accessory Structures in Rear Yards.

a. Any attached private garages or cCovered, unenclosed decks orand roofs over patios, if attached to a principal structure, are portions of principal structures. Theymay extend into the required rear yard, but shall not be within twelve (12) feet of the centerline of any alley, nor within twelve (12) feet of any rear lot line which is not an alley lot line, nor closer than five (5) feet to any accessory structure.

The height of private garages shall meet the provisions of Section 23.44.016 D2 and the height of the roof over unenclosed decks and patios may not exceed twelve (12) feet. The roof over thesesuch decks, or patios and garages shall not be used as a deck. Any detached private garage meeting the requirements of Section 23.44.016, Parking location and access, or detached permitted accessory structure meeting the requirements of Section 23.44.040, General provisions, may be located in a rear yard. If a private garage has its vehicular access facing the alley, the private garage shall not be within twelve (12) feet of the centerline of the alley.

b. Garages meeting the standards of Section 23.44.016 and other accessory structures meeting the standards of Sections 23.44.040 or 23.44.041, shall be permitted in required rear yards, subject to a maximum combined coverage of forty (40) percent of the required rear yard. In the case of a rear yard abutting an alley, rear yard coverage shall be calculated from the centerline of the alley.

7. Private Garages in Front Yards of Through Lots. On through lots less than one hundred twenty-five (125) feet in depth, either an accessory garage structure or a portion of the principal structure containing a garage shall be permitted to locate in one (1) of the front yards. Private garages, either as accessory structures or as a portion of the principal structure, shall be limited as set forth in Section 23.44.016. The front yard in which the garage may be located shall be determined by the Director based on the location of other accessory garages on the block. If no pattern of garage location can be determined, the Director shall determine in which yard the accessory garage shall be located based on the prevailing character and setback patterns of the block.

8. Access Bridges. Uncovered, unenclosed pedestrian bridges of any height, necessary for access and five (5) feet or less in width, are permitted in required yards except that in side yards an access bridge must be at least three (3) feet from any side lot line.

9. Barrier-free Access. Access facilities for the disabled and elderly meeting Washington State Building Code, Chapter 11 are permitted in any required yards.

10. Freestanding Structures and Bulkheads.

a. Fences, freestanding walls, signs and similar structures six (6) feet or less in height above existing or finished grade, whichever is lower, may be erected in any required yard. The six (6) foot height may be averaged along sloping grade for each six (6) foot long segment of the fence, but in no case may any portion of the fence exceed eight (8) feet. Architectural features may be added to the top of the fence or freestanding wall above the six (6) foot height when the following provisions are met: horizontal architectural feature(s), no more than ten (10) inches high, and separated by a minimum of six (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 eight (8) feet high; averaging the eight (8) foot height is not permitted. Structural supports for the horizontal architectural feature(s) may be spaced no closer than three (3) feet on center.

b. The Director may allow variation from the development standards listed in subsection D10a above, according to the following:

(1) No part of the structure may exceed eight (8) feet; and

(2) Any portion of the structure above six (6) feet shall be predominately open, such that there is free circulation of light and air.

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

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 six (6) feet, whichever is greater. When the bulkhead is measured from the low side and it exceeds six (6) feet, an open guardrail of no more than forty-two (42) inches meeting Building Code requirements may be placed on top of the bulkhead or retaining wall. A fence must be set back a minimum of three (3) feet from such a bulkhead or retaining wall.

e. When located in the shoreline setbacks or in view corridors in the Shoreline District as regulated in Chapter 23.60, these structures shall not obscure views protected by Chapter 23.60 and the Director shall determine the permitted height.

11. Decks in Yards. Decks no greater than eighteen (18) inches above existing or finished grade, whichever is lower, may extend into required yards.

12. Heat Pumps. Heat pumps and similar mechanical equipment, not including incinerators, may be permitted in required yards if the requirements of the Noise Control Ordinance, Chapter 25.08, are not violated. Any heat pump or similar equipment shall not be located within three (3) feet of any lot line.

13. Solar Collectors. Solar collectors may be located in required yards, subject to the provisions of Section 23.44.046.

14. Front Yard Projections for Structures on Lots Thirty (30) Feet or Less in Width. For a structure on a lot which is thirty (30) feet or less in width, portions of the front facade which begin eight (8) feet or more above finished grade may project up to four (4) feet into the required front yard, provided that no portion of the facade, including eaves and gutters, shall be closer than five (5) feet to the front line (Exhibit 23.44.014 B).

15. Front and rear yards may be reduced by twenty-five (25) percent, but no more than five (5) feet, if the site contains a

required environmentally critical area buffer or other area of the property which can not cannot be disturbed pursuant to subsection A of Section 25.09.280 of SMC Chapter 25.09, Regulations for Environmentally Critical Areas.

16. Arbors. Arbors may be permitted in required yards under the following conditions:

a. In any required yard, an arbor may be erected with no more than a forty (40) square foot footprint, measured on a horizontal roof plane inclusive of eaves, to a maximum height of eight (8) feet. Both the sides and the roof of the arbor must be at least fifty (50) percent open, or, if latticework is used, there must be a minimum opening of two (2) inches between crosspieces.

b. In each required yard abutting a street, an arbor over a private pedestrian walkway with no more than a thirty (30) square foot footprint, measured on the horizontal roof plane and inclusive of eaves, may be erected to a maximum height of eight (8) feet. The sides of the arbor shall be at least fifty (50) percent open, or if latticework is used, there must be a minimum opening of two (2) inches between crosspieces.

Section 5. Section 23.44.016 of the Seattle Municipal Code, which Section was last amended by Ordinance 121477, is amended as follows:

23.44.016 Parking location and accessand Garages.

Parking shall be required as provided in Chapter 23.54 and in accordance with the following:

A. Parking Quantity. Off-street parking is required pursuant to Section 23.54.015.

AB. Access to Parking.

1. Vehicular access to parking from an improved street, alley or easement is required when parking is required pursuant to Section 23.54.015.

2. Access to parking is permitted through a required yard abutting a street only if the Director determines that one (1) of the following conditions exists:

a. There is no alley improved to the standards of Section 23.53.030 C; or

b. Existing topography does not permit alley access; or

c. A portion of the alley abuts a nonresidential zone; or

d. The alley is used for loading or unloading by an existing nonresidential use; or

e. 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

f. Parking access must be from the street in order to provide access to parking space(s) which that meet the Washington State Building Code, Chapter 11; or.

3. Where access to required parking spaces passes through a required yard, automobiles, motorcycles and similar vehicles may be parked on the access located in a required yard. Trailers, boats, recreational vehicles or similar equipment shall not be parked in any required yard abutting a street or on any access which is located in a required yard. When a rear yard abuts a street, trailers, boats, recreational vehicles or similar equipment shall be prohibited from parking in the first ten (10) feet of the rear yard abutting the street.

BC. Parking on Lot of Principal Use Location of Parking.

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

1. Parking shall be located on the same lot as the principal use, except as otherwise provided in this subsection.

2. Parking on planting strips is prohibited.

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

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

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

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

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

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

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

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

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

CD. Location of Parking on Lot in Required Yards.

1. Except for public school use, parking may be located:

a. Within the principal structure; or

b. In the side or rear yard except a required side yard abutting a street or the first ten (10) feet of a required rear yard abutting a street.

21. Parking shall not be located in the required front yard except as provided in subsections C3, C4, C5 and C6D7, D9, D10, D11 and D12.

2. Parking shall not be located in a required side yard abutting a street or the first ten (10) feet of a required rear yard abutting a street except as provided in subsections D7, D9, D10, D11 and D12.

3. Garages shall not be located in a required side yard which abuts the rear or side yard of another lot, or in that portion of the rear yard of a reversed corner lot within five (5) feet of the key lot's side lot line and not abutting the front yard of the key lot unless an agreement between the owners of record of the abutting properties, authorizing the garage in that location, is executed and recorded, pursuant to Section 23.44.014 D2, provided, that no such agreement is required if the garage is located entirely in that portion of a side yard which is either within thirty-five (35) feet of the centerline of an alley or within twenty-five (25) feet of any rear lot line which is not an alley lot line.

4. Garages with vehicular access from an alley shall not be located within twelve (12) feet of the centerline of the alley except as provided in subsections D9, D10, D11 and D12.

5. Attached garages shall not be within twelve (12) feet of the centerline of any alley, nor within twelve (12) feet of any rear lot line which is not an alley lot line, except as provided in subsections D9, D10, D11 and D12.

6. On a reversed corner lot, no garage shall be located in that portion of the required rear yard which abuts the required front yard of the adjoining key lot unless the provisions of Section 23.44.016 D9b apply.

7. Where access to required parking spaces passes through a required yard, automobiles, motorcycles and similar vehicles may be parked on the access located in a required yard.

8. Trailers, boats, recreational vehicles and similar equipment shall not be parked in required front and side yards or the first ten (10) feet of a rear yard measured from the rear lot line.

39. Lots With Uphill Yards Abutting Streets. Accessory pParking for one (1) two (2) axle or one (1) up-to-four (4) wheeled vehicle may be established in a required yard abutting a street according to subsection C3D9a or b below only if access to parking is permitted through that yard pursuant to subsection A of this section.

a. Open Parking Space.

i. The existing grade of the lot slopes upward from the street lot line an average of at least six (6) feet above sidewalk grade at a line that is ten (10) feet from the street lot line; and

ii. The parking area shall be at least an average of six (6) feet below the existing grade prior to excavation and/or construction at a line that is ten (10) feet from the street lot line; and

iii. The parking space shall be no wider than ten (10) feet for one (1) parking space at the parking surface and no wider than twenty (20) feet for two (2) parking spaces when permitted as provided in subsection C6D12.

b. Terraced Garage.

i. The height of a terraced garage shall be limited to no more than two (2) feet above existing or finished grade, whichever is lower, for the portions of the garage that are ten (10) feet or more from the street lot line. The ridge of a pitched roof on a terraced garage may extend up to three (3) feet above this two (2) foot height limit. All parts of the roof above the two (2) foot height limit shall be pitched at a rate or not less than threefour to twelve ( 3 4:12). No portion of a shed roof shall be permitted to extend beyond the two (2) foot height limit of this provision. Portions of a terraced garage that are less than ten (10) feet from the street lot line shall comply with the height standards in Section 23.44.016 DE2;

ii. The terraced garage structure width may not exceed fourteen (14) feet for one (1) two (2) axle or one (1) up-to-four (4) wheel vehicle, or twenty-four (24) feet when permitted to have two (2) two (2) axle or two (2) up-to-four (4) wheel vehicle as provided in subsection C6D12;

iii. All above ground portions of the terraced garage shall be included in lot coverage; and

iv. The roof of the terraced garage may be used as a deck and shall be considered to be a part of the garage structure even if it is a separate structure on top of the garage.

410. Lots With Downhill Yards Abutting Streets. Accessory pParking, either open or enclosed, for one (1) two (2) axle or one (1) up-to-four (4) wheeled vehicle may be located in a required yard abutting a street when the following conditions are met:

a. The existing grade slopes downward from the street lot line which the parking faces;

b. For front yard parking the lot has a vertical drop of at least twenty (20) feet in the first sixty (60) feet as measured along a line from the midpoint of the front lot line to the midpoint of the rear lot line;

c. Parking shall not be permitted in downhill required side yards abutting streets;

d. Parking in downhill rear yards shall be in accordance with Section 23.44.014 D6 and Section 23.44.016, subsections C1D2, D5 and D3d6;

e. Access to parking is permitted through the required yard abutting the street by subsection AB of this section; and

f. A driveway access bridge may be permitted in any required downhill yard where necessary for access to parking. The access bridge shall be no wider than twelve (12) feet for access to one (1) parking space or eighteen (18) feet for access to two (2) or more parking spaces. The driveway access bridge may not be located closer than five (5) feet to an adjacent property line and shall not be included in lot coverage calculations.

511. Through Lots. On through lots less than one hundred twenty-five (125) feet in depth, accessory parking for one (1) two (2) axle or one (1) up-to-four (4) wheeled vehicle may be located in one (1) of the required front yards.

The front yard in which the parking may be located shall be determined by the Director based on the location of other private garages or parking areas on the block. If no pattern of parking location can be determined, the Director shall determine in which yard the parking shall be located based on the prevailing character and setback patterns of the block.

612. Lots With Uphill Yards Abutting Streets or Downhill or Through Lot Front Yards Fronting on Streets That Prohibit Parking. Accessory pParking for two (2) two (2) axle or four (4) wheeled vehicles may be located in uphill yards abutting streets or downhill or through lot front yards as provided in subsection C3, C4 or C5D9, D10 or D11 if, in consultation with Seattle Department of Transportation, it is found that uninterrupted parking for twenty-four (24) hours is prohibited on at least one (1) side of the street within two hundred (200) feet of the lot line over which access is proposed. The Director may authorize a curb cut wider than would be permitted under Section 23.54.030 if necessary for access.

DE. Standards for PrivateGarages when Permitted in Required Yards. Private gGarages that are either detached accessory structures or portions of a principal structure for the primary purpose of enclosing a two (2) axle or four (4) wheeled vehicle may be permitted in required yards according to the following conditions:

1. Maximum Coverage and Size.

a. In accordance with Section 23.44.014 D6, private gGarages, together with any other accessory structures and other portions of the principal structure, are limited to a maximum combined coverage of forty (40) percent of the required rear yard. In the case of a rear yard abutting an alley, rear yard coverage shall be calculated from the centerline of the alley.

b. In accordance with Section 23.44.040, private gGarages located in side or rear yards shall not exceed one thousand (1,000) square feet in area.

c. In front yards, the area of privategarages shall be limited to three hundred (300) square feet with fourteen (14) foot maximum width where one (1) space is allowed, and six hundred (600) square feet with twenty-four (24) foot maximum width where two (2) spaces are allowed. Access driveway bridges permitted under Section 23.44.016 C4D10f shall not be included in this calculation.

2. Height Limits.

a. Private gGarages shall be limited to twelve (12) feet in height as measured on the facade containing the entrance for the vehicle.

b. The ridge of a pitched roof on a private garage located in a required yard may extend up to three (3) feet above the twelve (12) foot height limit. All parts of the roof above the height limit shall be pitched at a rate of not less than three four to twelve ( 3 4:12). No portion of a shed roof shall be permitted to extend beyond the twelve (12) foot height limit under this provision.

c. Open rails around balconies or decks located on the roofs of private garages may exceed the twelve (12) foot height limit by a maximum of three (3) feet. The roof over a garage shall not be used as a balcony or deck in rear yards.

3. Separations.

a. Attached private garages are portions of principal structures. In accordance with Section 23.44.014 D6, they may extend into the required rear yard, but shall not be within twelve (12) feet of the centerline of any alley, nor within twelve (12) feet of any rear lot line which is not an alley lot line nor closer than five (5) feet to any accessory structure.

b. If the facade of a private garage which contains the entrance for the vehicle faces an alley, the garage shall not be within twelve (12) feet of the centerline of the alley.

c. In accordance with Section 23.44.040D, aAny private garage which is an accessory structure located in a required yard shall be separated from its principal structure by a minimum of five (5) feet.

d. In accordance with Section 23.44.040 F, on a reversed corner lot, no private garage which is an accessory structure shall be located in that portion of the required rear yard which abuts the required front yard of the adjoining key lot, nor shall the private garage be located closer than five (5) feet from the key lot's side lot line unless the provisions of Section 23.44.014 D1 or 23.44.016 C3b apply.

e. In accordance with Section 23.44.014 D1, private garages which are accessory structures may extend into a required side yard which is either within thirty-five (35) feet of the centerline of an alley or within twenty-five (25) feet of any rear lot line which is not an alley lot line. Private garages which are accessory structures may extend into a required side yard which is more than thirty-five (35) feet from the centerline of an alley abutting the lot, or which is more than twenty-five (25) feet from the rear lot line of a lot which does not abut an alley, upon the recording with the King County Department of Records and Elections an agreement to this effect between the owners of record of the abutting properties.

F. Appearance of Garage Entrances.

1. Garage Setback. No portion of a garage that is part of a principal structure may be closer to the street lot line than 80% of the remaining non-garage street-level facade (see Exhibit 23.44.016 A). If the entire street-level facade is garage, no portion of the garage may be closer to the street lot line than 80% of the facade of the story above the street-level facade.

Exhibit 23.44.016A Garage Setback

2. Garage Entrance Width. The total combined horizontal width of all garage entrances located on the front facade may be up to 50 percent of the horizontal width of the front facade or 10 feet, whichever is greater. On corner lots, a garage entrance shall be allowed on only one street-facing facade.

3. Exemptions.

a. Garages allowed under 23.44.016 D9, D10, D11 and D12 are not subject to the standards of this subsection F.

b. The Director may modify the standards of this subsection F where irregular lot shape, topography, or structure configuration makes compliance with this subsection F unreasonable and when the modification will still achieve the objective of minimizing the visual impact of garage doors and walls from the

street and adjacent properties.

EG. Screening.

1. Parking accessory to floating homes when located on a separate lot from the floating homes shall be screened from direct street view by a fence or wall between five (5) and six (6) feet in height. When the fence or wall runs along the street front, there shall be a landscaped strip on the street side of the fence or wall. This strip may be between one (1) and five (5) feet deep, as measured from the property line, but the average distance from the property line to the fence shall be three (3) feet. Such screening shall be located outside any required sight triangle.

2. The height of the visual barrier created by the screen required by subdivision subsection 1 of this subsection 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 23.44.016 B).

Section 6. Subsection B of Section 23.44.017 of the Seattle Municipal Code, which Section was last amended by Ordinance 121429, is amended as follows:

23.44.017 Development standards for public schools.

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B. Height.

1. For new public school construction on new public school sites, the maximum permitted height shall be thirty (30) feet. For gymnasiums and auditoriums that are accessory to the public school, the maximum permitted height shall be thirty-five (35) feet plus ten (10) feet for a pitched roof if all portions of the structure above thirty (30) feet are set back at least twenty (20) feet from all property lines. All parts of a gymnasium or auditorium roof above the height limit must be pitched at a rate of not less than threefour to twelve ( 3 4:12). No portion of a shed roof on a gymnasium or auditorium shall be permitted to extend above the thirty-five (35) foot height limit under this provision.

2. For new public school construction on existing public school sites, the maximum permitted height shall be thirty-five (35) feet plus fifteen (15) feet for a pitched roof. All parts of the roof above the height limit must be pitched at a rate of not less than threefour to twelve ( 3 4:12). No portion of a shed roof shall be permitted to extend beyond the thirty-five (35) foot height limit under this provision.

3. For additions to existing public schools on existing public school sites, the maximum height permitted shall be the height of the existing school or thirty-five (35) feet plus fifteen (15) feet for a pitched roof, whichever is greater. When the height limit is thirty-five (35) feet, the ridge of the pitched roof on a principal structure may extend up to fifteen (15) feet above the height limit, and all parts of the roof above the height limit must be pitched at a rate of not less than threefour to twelve ( 3 4:12). No portion of a shed roof shall be permitted to extend beyond the thirty-five (35) foot limit under this provision.

4. Development standard departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79. For construction of new structures on new and existing public school sites to the extent not otherwise permitted outright, maximum height which may be granted as development standard departure shall be thirty-five (35) feet plus fifteen (15) feet for a pitched roof for elementary schools and sixty (60) feet plus fifteen (15) feet for a pitched roof for secondary schools. The standards for roof pitch at paragraph 3 shall apply. All height maximums may be waived by the Director when waiver would contribute to reduced demolition of residential structures.

5. The provisions of subsection B of Section 23.44.012 regarding pitched roofs and sloped lots and the exemptions of subsection C of Section 23.44.012 shall apply.

6. Light Standards.

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

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

(1) When seeking a special exception for taller light standards, the applicant must submit an engineer's report demonstrating that the additional height contributes to a reduction in impacts from light and glare. When the proposal will result in extending the lighted area's duration of use, the applicant must address and mitigate potential impacts, including but not limited to, increased duration of noise, traffic, and parking demand. The applicant also must demonstrate it has conducted a public workshop for residents within one-eighth (1/8) of a mile of the affected school in order to solicit comments and suggestions on design as well as potential impacts.

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

***

Section 7. Subsection K of Section 23.44.022 of the Seattle Municipal Code, which Section was last amended by Ordinance 122311, is amended as follows:

23.44.022 Institutions.

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K. Bulk and Siting.

1. Lot Area. If the proposed site is more than one (1) acre in size, the Director may require the following and similar development standards:

a. For lots with unusual configuration or uneven boundaries, the proposed principal structures be located so that changes in potential and existing development patterns on the block or blocks within which the institution is located are kept to a minimum;

b. For lots with large street frontage in relationship to their size, the proposed institution reflect design and architectural features associated with adjacent residentially zoned block faces in order to provide continuity of the block front and to integrate the proposed structures with residential structures and uses in the immediate area.

2. Yards. Yards of institutions shall be as required for uses permitted outright in Section 23.44.008, provided that no structure other than freestanding walls, fences, bulkheads or similar structures shall be closer than ten (10) feet to the side lot line. The Director may permit yards less than ten (10) feet but not less than five (5) feet after finding that the reduced setback will not significantly increase impacts, including but not limited to noise, odor and comparative scale, to adjacent lots zoned residential and there will be a demonstrable public benefit.

3. Institutions Located on Lots in More Than One (1) Zone Classification. For lots which include more than one (1) zone classification, single-family zone provisions shall apply only to the single-family-zoned lot area involved.

4. Height Limit.

a. Religious symbols for religious institutions may extend an additional twenty-five (25) feet above the height limit.

b. For gymnasiums and auditoriums that are accessory to an institution the maximum height shall be thirty-five (35) feet if portions of the structure above thirty-five (35) feet are set back at least twenty (20) feet from all property lines. Pitched roofs on a gymnasium or auditorium which have a slope of not less than threefour to twelve ( 3 4:12) may extend ten (10) feet above the thirty-five (35) foot height limit. No portion of a shed roof on a gymnasium or an auditorium shall be permitted to extend beyond the thirty-five (35) foot height limit under this provision.

5. Facade Scale. If any facade of a new or expanding institution exceeds thirty (30) feet in length, the Director may require that facades adjacent to the street or a residentially zoned lot be developed with design features intended to minimize the appearance of bulk. Design features which may be required include, but are not limited to, modulation, architectural features, landscaping or increased yards.

***

Section 8. Section 23.44.040 of the Seattle Municipal Code, which Section was last amended by Ordinance 122190, is amended as follows:

23.44.040 General provisions.

A. Accessory uses customarily incidental to principal uses permitted outright are permitted outright as provided below.

B. All accessory uses and structures must be located on the same lot as the principal use or structure unless specifically modified in this subchapterotherwise specifically provided.

C. Accessory conditional uses are subject to the development standards for accessory uses permitted outright unless otherwise specified in this section.

D. Any accessory structure located in a required yard shall be separated from its principal structure by a minimum of five (5) feet.

E. Except as provided for detached accessory dwelling units in Section 23.44.041B, any accessory structure located in a required yard shall not exceed twelve (12) feet in height nor one thousand (1,000) square feet in area.

F. On a reversed corner lot, no accessory structure shall be located in that portion of the required rear yard which abuts the required front yard of the adjoining key lot, nor shall the accessory structure be located closer than five (5) feet from the key lot's side lot line unless the provisions of Section 23.44.014 D or 23.44.016 C3b, terraced garage, apply.

Section 9. Section 23.44.042 of the Seattle Municipal Code, which Section was last amended by Ordinance 117263, is hereby repealed, as follows:

SMC 23.44.042 Parking and private garages.

A. Private garages shall be permitted as accessory uses in single-family zones and shall be subject to the development standards of Section 23.44.016 when located in a required yard or to the development standards for principal structures when not located in a required yard.

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

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

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

3. The garage is located and screened or landscaped as required by the Director, who shall consider development patterns of the block or nearby blocks;

4. The garage lot is within the same block or across the alley from the principal use lot;

5. The garage shall meet the standards of Section 23.44.016 E;

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

C. Parking accessory to a floating home may be located on another lot if within six hundred (600) feet of the lot on which the floating home is located and if screened in accordance with Section 23.44.016E.

Section 10. Subsection B of Section 23.54.015 of the Seattle Municipal Code, which Section was last amended by Ordinance 122411, is amended as follows:

23.54.015 Required Parking.

***

B. Exceptions to Required Parking.

1. Parking in downtown zones is regulated by Section 23.49.019 and not by this section;

2. No parking for motor vehicles is required for uses in commercial zones in urban centers and in the Station Area Overlay District, except that parking for fleet vehicles is required;

3. Parking for major institution uses is regulated by Section 23.54.016 and not by this Section;

4. Parking for motor vehicles for uses located in the Northgate Overlay District is regulated by Section 23.71.016 and not by this Section; and

5. No parking is required for business establishments permitted in multifamily zones.; and

6. No parking is required for single-family residential uses in single-family zones on parcels less than three thousand (3,000) square feet in size or thirty (30) feet in width where access to parking is permitted through a required yard abutting a street according to the standards of section 23.44.016.B.2.

***

Section 11. Section 23.84A.032 of the Seattle Municipal Code, which Section was last amended by Ordinance 122311, is amended by adding the following new definitional subsection: 23.84A.032

Definitions -"R

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"Roof plane" means a section of the roof system divided from another section by a physical separation, exterior wall, roof apex, or change in the direction of pitch. Change in the degree of roof pitch such as occur on a gambrel roof and projections such as dormers or skylights

shall not serve to divide a section into multiple planes.

***

Section 12. Section 23.86.006 of the Seattle Municipal Code, which Section was last amended by Ordinance 122582, is amended as follows:

23.86.006 Height limits.

***

C. Height Averaging for Single-family Zones. In a single family zone, the average elevation of the nearest single family structures on either side of a lot may be, at the applicant's option, used to establish the height limit of the principal structure on that lot, according to the following provisions when expanding an existing structure occupied by a nonconforming residential use per section 23.42.106, the following measurement shall be used to determine the average height of the closest principal structures on either side:

1. Each structure used for averaging shall be on the same block front as the lot for which a height limit is being established. The structures used shall be the nearest single family structure on each side of the lot, and shall be within one hundred feet (100') of the side lot lines of the lot.

2. The height limit for the lot shall be established by averaging the elevations of the structures on either side in the following manner:

a. If the nearest structure on either side has a roof with at least a threefour-in-twelve ( 3 4:12) pitch, the elevation to be used for averaging shall be the highest point of that structure's roof minus five feet (5').

b. If the nearest structure on either side has a flat roof, or a roof with a pitch of less than three four-in-twelve ( 3 4:12), the elevation of the highest point of the structure's roof shall be used for averaging.

c. Rooftop features which are otherwise exempt from height limitations, Height Exceptions, Section 23.44.012 C, shall not be included in elevation calculations.

d. The two (2) elevations obtained from steps 2a and/or 2b shall be averaged to derive the height limit for the lot. This height limit shall be the difference in elevation between the midpoint of a line parallel to the front lot line at the required front setback and the average elevation derived from 2a and/or 2b.

e. The height measurement technique used for the lot shall then be the City's standard measurement technique, Section 23.86.006 A.

3. When there is no single-family structure within one hundred feet (100') on a side of the lot, or when the nearest single family structure within one hundred feet (100') on a side of the lot is not on the same block front, the elevation used for averaging on that side shall be thirty feet (30') plus the elevation of the midpoint of the front lot line of the abutting vacant lot.

4. When the lot is a corner lot, the height limit may be the highest elevation of the nearest structure on the same block front, provided that the structure is within one hundred feet (100') of the side lot line of the lot and that both front yards face the same street.

5. In no case shall the height limit established according to these height averaging provisions be greater than forty feet (40').

6. Lots using height averaging to establish a height limit shall be eligible for the pitched roof provisions of Section 23.44.012 B.

D. Additional Height on Sloped Lots.

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.

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).

3. Structures on sloped lots shall also be eligible for the pitched roof provisions applicable in the zone.

E. Height Measurement Techniques in Downtown Zones.

1. Determine the major street property line, which shall be the lot's longest street property line. When the lot has two (2) or more street lot lines of equal length, the applicant shall choose the major street property line.

2. Determine the slope of the lot along the entire length of the major street property line.

3. The maximum height shall be measured as follows:

a. When the slope of the major street property line is less than or equal to seven and one-half percent (7-1/2%), the elevation of maximum height shall be determined by adding the maximum permitted height to the existing grade elevation at the midpoint of the major street property line. On a through lot, the elevation of maximum height shall apply only to the half of the lot nearest the major street property line. On the other half of a through lot, the elevation of maximum height shall be determined by the above method using the street lot line opposite and parallel to the major street property line as depicted in Exhibit 23.86.006 B.

b. When the slope of the major street property line exceeds seven and one-half percent (7-1/2%), the major street property line shall be divided into four (4) or fewer equal segments no longer than one hundred twenty feet (120') in length. The elevation of maximum height shall be determined by adding the maximum permitted height to the existing grade elevation at the midpoint of each segment. On a through lot, the elevation of maximum height shall apply only to the half of the lot nearest the major street property line. On the other half of a through lot, the elevation of maximum height shall be determined by the above method using the street lot line opposite and parallel to the major street property line, as depicted in Exhibit 23.86.006 C.

c. For lots with more than one (1) street frontage, where there is no street property line which is essentially parallel to the major street property line, when a measurement has been made for the portion of the block containing the major street property line, the next measurement shall be taken from the longest remaining street lot line.

F. Determining the Height of Existing Public School Structures. When the height of the existing public school structure must be measured for purposes of determining the permitted height or lot coverage of a public school structure, either one of the following options may be used:

1. If all parts of the new roof are pitched at a rate of not less than threefour to twelve ( 3 4:12), the ridge of the new roof may extend to the highest point of the existing roof. A shed roof does not qualify for this option.

2. If all parts of the new roof are not pitched at a rate of not less than threefour to twelve ( 3 4:12), then the elevation of the new construction may extend to the average height of the existing structure. The average height shall be determined by measuring the area of each portion of the building at each height and averaging those areas, as depicted in Exhibit 23.86.006 D.

***

Section 13. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 14. Except as otherwise provided herein, this ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2008, and signed by me in open session in authentication of its passage this _____ day of __________, 2008. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2008. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2008. ____________________________________ City Clerk

September 24, 2008 Version #5 t