AN ORDINANCE related to land use and zoning, amending Seattle Municipal Code (SMC) Title 23 Sections 23.02.020, 23.22.062, 23.24.045, 23.34.013, 23.34.014, 23.34.016, 23.34.018, 23.34.020, 23.34.024, 23.34.026, 23.34.028, 23.34.070, 23.41.012, 23.42.042, 23.42.108, 23.42.114, 23.42.122, 23.42.124, 23.42.130, 23.43.008, 23.43.010, 23.43.012, 23.43.040, 23.44.006, 23.44.017, 23.44.036, 23.45.002, 23.45.004, 23.45.006, 23.45.008, 23.45.009, 23.45.010, 23.45.014, 23.45.015, 23.45.016, 23.45.017, 23.45.018, 23.45.068, 23.45.090, 23.45.106, 23.45.110, 23.45.116, 23.45.144, 23.45.148, 23.45.152, 23.47A.006, 23.49.025, 23.54.015, 23.54.020, 23.54.030, 23.72.008, 23.84A.002, 23.84A.006, 23.84A.008, 23.84A.012, 23.84A.014, 23.84A.025, 23.84A.028, 23.84A.030, 23.84A.032, 23.84A.038, 23.86.006, 23.86.007, 23.86.012, 23.86.014, 23.86.016, 23.86.020, 23.90.018, 23.90.020, 23.91.002, and 25.05.675 in Title 25; creating a new multifamily chapter in Sections 23.45.502 through 23.45.554; consolidating the regulations for public facilities and public schools in new chapters of the Code, 23.51A and 23.51B; adding a new section 23.54.040; and repealing Sections 23.34.022, 23.45.005, 23.45.007, 23.45.011, 23.45.012, 23.45.047, 23.45.048, 23.45.050, 23.45.052, 23.45.054, 23.45.056, 23.45.057, 23.45.058, 23.45.059, 23.45.060, 23.45.064, 23.45.066, 23.45.070, 23.45.072, 23.45.073, 23.45.074, 23.45.075, 23.45.076, 23.45.080, 23.45.082, 23.45.088, 23.45.092, 23.45.094, 23.45.096, 23.45.098, 23.45.100, 23.45.102, 23.45.108, 23.45.112, 23.45.122, 23.45.124, 23.45.126, 23.45.140, 23.45.142, 23.45.146, 23.45.150, 23.45.154, 23.45.160, 23.45.162, 23.45.164, 23.45.166, and 23.47A.029 all in order to support multifamily housing, implement Comprehensive Plan and Neighborhood Plan policies for multifamily areas, and to promote the general health, safety and welfare.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section Section 23.02.020 of the Seattle Municipal Code, which section was last amended by Ordinance 117570, is amended as follows:

23.02.020 General purpose and general provisions.

A. The purpose of this Land Use Code is to protect and promote public health, safety and general welfare through a set of regulations and procedures for the use of land which are consistent with and implement the City's Comprehensive Plan. Procedures are established to increase citizen awareness of land use activities and their impacts and to coordinate necessary review processes. The Land Use Code classifies land within the City into various land use zones and overlay districts which that regulate the use and bulk of buildings and structures. The provisions are designed to provide adequate light, air, access, and open space; conserve the natural environment and historic resources; maintain a compatible scale within an area; minimize traffic congestion and enhance the streetscape and pedestrian environment. They seek to achieve an efficient use of the land without major disruption of the natural environment and to direct development to sites with adequate services and amenities.

B. Other regulations apply, such as, but not limited to building and construction codes, (SMC Title 22) and provisions for environmental review, critical areas and historic preservation (SMC Title 25).

C. All structures or uses shall be built or established on a lot or lots.

D. A grant of a waiver, modification, departure, exception or variance from one specific development standard does not relieve the applicant from compliance with any other standard.

Section 2. Subsection B of Section 23.22.062 of the Seattle Municipal Code, which section was last amended by Ordinance 122190, is amended as follows:

23.22.062 Unit lot subdivisions.

* * *

B. Except for any site for which a permit has been issued pursuant to Section 23.44.041 for a detached accessory dwelling unit, sites developed or proposed to be developed with dwelling units listed in subsection 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 for each dwelling unit shall be provided on the same lot as the dwelling unit it serves.

* * *

Section 3. Subsection B of Section 23.24.045 of the Seattle Municipal Code, which section was last amended by Ordinance 122190, is amended as follows:

23.24.045 Unit lot subdivisions.

* * *

B. Except for any site for which a permit has been issued pursuant to Section 23.44.041 for a detached accessory dwelling unit, sites developed or proposed to be developed with dwelling units listed in subsection 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 for each dwelling unit shall be provided on the same lot as the dwelling unit it serves.

* * *

Section 4. Section 23.34.013 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, is amended as follows:

23.34.013 Designation of multifamily zones.

A. An area zoned single family that meets the criteria of Section 23.34.011 for singlefamily designation, may not be rezoned to a multifamily zone except as otherwise provided in Section 23.34.010 B.

B. Generally, reclassifications of areas to L3, MR and HR zones are appropriate in urban villages, urban centers or areas served by regional transit.

C. Multifamily zoning is appropriate for areas that are generally within 0.5 mile of existing or projected facilities and services used by residents, including retail sales and services, schools, parks and community centers.

D. Land that is designated as an environmentally critical area or is a required buffer due to the presence of a wetland or wildlife habitat area or is within a shoreline environment is generally considered inappropriate for reclassification from a less intensive zone to a L3, MR or HR zone.

E. The arrangement of multifamily zones in relation to other zones is generally intended to provide for a gradual transition in the scale and intensity of development.

F. No land may be redesignated to Lowrise 4 (L4).

Section 5. Section 23.34.014 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, is amended as follows:

23.34.014 Lowrise Duplex/Triplex (LDT) zone, function and locational criteria.

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.

B. Locational Criteria. The Lowrise Duplex/Triplex zone designation is most appropriate in areas generally characterized by the following:

1. Development Characteristics of the Area.

a.Areas where structures areas of small bulk and low heights, generally less than thirty (30) feet, establish the pattern of development; and

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.

2. Relationship to the Surrounding Area.

a. Areas that do not meet single-family criteria, but are otherwise similar in character and adjoin areas zoned singlefamily or Lowrise 1 without necessarily the presence of a significant topographical break or open space to provide a transition to increased density;

b. Areas where narrow streets, on-street parking congestion, local traffic congestion, lack of alleys, or irregular street patterns restrict local access and circulation;

c. Areas close to existing or projected facilities and services used by households with children, including schools, parks and community centers.

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 23.34.010 B are met.

A. Function. To provide opportunities for duplex and triplex multifamily housing, primarily through new infill development that is similar to the scale of single family structures permitted in single family zones, or through the conversion of existing single family structures to duplexes and triplexes.

B. Locational Criteria. The LDT zone is most appropriate on land that is generally characterized by the following conditions:

1. A mix of single family structures, or similarly scaled multifamily structures 35 feet or less in height, and single family structures legally converted to multiple units or well-suited to conversion;

2. Local access and circulation conditions that can accommodate this low density multifamily designation;

3. Local access and circulation conditions that are conducive to multiple residential units, especially in structures oriented to the ground level and the street, preferably in locations separated from arterials;

4. Areas where a gradual transition is appropriate between single family zoned areas and multifamily or neighborhood commercial zoned areas;

5. Areas that are zoned single family may be rezoned to LDT only when the provisions of 23.34.010 are met.

Section 6. Section 23.34.016 of the Seattle Municipal Code, which section was last amended by Ordinance 119242, is amended as follows:

23.34.016 Lowrise 1 (L1) zone, function and locational criteria.

A. Function. An area that provides low density, primarily ground-related multifamily housing opportunities.

B. Locational Criteria. The Lowrise 1 zone designation is most appropriate in areas generally characterized by the following:

1. Development Characteristics of the Area.

a. Areas where scale structures of low heights, generally less than thirty (30) feet, and small bulk establish the pattern of development;

b. Areas with:

(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

(2) Numerous or large vacant parcels suitable for family housing where densities greater than single-family are desired; and

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.

2. Relationship to the Surrounding Areas.

a. Properties that are definable pockets within a larger, higher density multifamily area, where it is desirable to preserve a small-scale character;

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;

c. Properties where a gradual transition is appropriate between single-family areas and more intensive multifamily or neighborhood commercial zones;

d. Properties in areas where narrow streets, onstreet parking congestion, local traffic congestion, or irregular street patterns restrict local access and circulation;

e. Properties in areas close to facilities and services used by households with children, including schools, parks and community centers.

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.

A. Function. To provide opportunities for low density multifamily housing, such as townhouses, or to provide a transition from SF or LDT zoned areas to other higher density multifamily or neighborhood commercial zones.

B. Locational Criteria. The L1 zone is most appropriate on land that is generally characterized by the following conditions:

1. Low-scale structures with structure heights of thirty-five feet or less, compatible with SF and LDT zones;

2. Local access and circulation conditions that are conducive to multiple residential units, especially in structures oriented to the ground level and the street, preferably in locations that do not abut arterials;

3. Areas where a gradual transition is appropriate between SF or LDT zones and higher density multifamily or neighborhood commercial zones;

4. Areas that are zoned single family may be rezoned to L1 only when the provisions of 23.34.010 are met.

Section 7. Section 23.34.018 of the Seattle Municipal Code, which section was last amended by Ordinance 118794, is amended as follows:

23.34.018 Lowrise 2 (L2) zone, function and locational criteria.

A. Function. 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.

B. Locational Criteria. Lowrise 2 zone designation is most appropriate in areas generally characterized by the following:

1. Development Characteristics of the Areas.

a. Areas that feature a mix of single-family structures and small to medium multifamily structures generally occupying one (1) or two (2) lots, with heights generally less than thirty (30) feet;

b. Areas suitable for multifamily development where topographic conditions and the presence of views make it desirable to limit height and building bulk to retain views from within the zone;

c. Areas occupied by a substantial amount of multifamily development where 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.

2. Relationship to the Surrounding Areas.

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 where existing moderate scale multifamily structures have already established the scale relationship with abutting single-family areas;

b. Properties that are definable pockets within a more intensive area, where it is desirable to preserve a smaller scale character and mix of densities;

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;

d. Properties where vehicular access to the area does not require travel on "residential access streets" in less intensive residential zones.

A. Function. To provide opportunities for moderate density multifamily housing, such as townhouse and stacked flat developments, at a scale and character compatible with other lower density single family and multifamily zones, that may serve to provide a transition between zones of different scales and intensities.

B. Locational Criteria. The L2 zone is most appropriate on land that is generally characterized by the following conditions:

1. A mix of small to medium scale multifamily structures generally occupying not more than one or two lots;

2. Local access and circulation conditions that can accommodate a modest increase in density to that permitted in L2;

3. Areas where a transition is appropriate between lower density multifamily zones and higher density multifamily or neighborhood commercial zones;

4. Areas with a well-defined edge such as an arterial, open space, change in block pattern, topographic change or other significant feature that provides separation from abutting single family zoned areas;

5. Areas where narrow streets, on-street parking congestion, local traffic congestion, lack of alleys and irregular street patterns restrict local access and circulation and make designations more intensive than L2 less desirable.

Section 8. Section 23.34.020 of the Seattle Municipal Code, which section was last amended by Ordinance 121700, is amended as follows:

23.34.020 Lowrise 3 (L3) zone, function and locational criteria.

A. Function. 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.

B. Locational Criteria.

1. Threshold Conditions. Subject to subsection B2 of this section, properties that may be considered for an L3 designation are limited to the following:

a. Properties already zoned L3;

b. Properties in areas already developed predominantly to the permitted L3 density and where L3 scale is well established;

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

d. Properties located in 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.

2. Properties designated as environmentally critical may not be rezoned to an L3 designation, and may remain L3 only in areas predominantly developed to the intensity of the L3 zone.

3. Other Criteria. The Lowrise 3 zone designation is most appropriate in areas generally characterized by the following:

a. Development Characteristics of the Area.

(1) Either:

(a) Areas that are already developed predominantly to the permitted L3 density and where L3 scale is well established,

(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

(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.

(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.

b. Relationship to the Surrounding Areas.

(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;

(2) Properties in areas with significant topographic breaks, major arterials or open space that provide sufficient transition to LDT or L1 multifamily development;

(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;

(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.

A. Function. To provide opportunities for a range of multifamily housing types in existing multifamily neighborhoods with a mix of small to moderate scale residential structures or to accommodate redevelopment in areas within urban centers and urban villages where it is desirable to establish multifamily neighborhoods of moderate scale and density.

B. Locational Criteria. The L3 zone is most appropriate on land not subject to subsection C, and that is generally characterized by the following conditions:

1. Adjacency to neighborhood commercial areas with comparable height and scale, or where a transition in scale between areas of larger multifamily and/or commercial structures and smaller multifamily structures is desirable;

2. Alley access to sites is preferred, and street widths should be sufficient for two way traffic and parking along at least one curb;

3. Well served by public transit with 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;

4. In close proximity, generally 0.5 mile, and with pedestrian connections to neighborhood services.

C. Land zoned a less intensive designation within the following areas may not be rezoned to L3:

1. The following urban villages: Admiral, Eastlake, Lake City, Morgan Junction, Upper Queen Anne, or Wallingford;

2. The Delridge Neighborhood Revitalization Area, as shown in Exhibit 23.34.020 A, unless the L3 zone would facilitate a mixed-income housing development initiated by a public agency and a property use and a development agreement is executed pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

Section 9. Section 23.34.022 of the Seattle Municipal Code, relating to the function and locational criteria for the Lowrise 4 (L4) zone, which section was last amended by Ordinance 121700, is repealed and the section number reserved.

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.

B. Locational Criteria.

1. Threshold Conditions. Subject to subsection B2 of this section, properties that may be considered for an L4 designation are limited to the following:

a. Properties already zoned L4;

b. Properties in areas already developed predominantly to the permitted L4 density and where L4 scale is well established;

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

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.

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.

3. Other Criteria. The Lowrise 4 zone designation is most appropriate in areas generally characterized by the following:

a. Development Characteristics of the Area.

(1) Either:

(a) Areas that are already developed predominantly to the permitted L4 density and where L4 scale is well established,

(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

(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.

(2) Areas of sufficient size to promote a high quality, higher density residential environment where there is good pedestrian access to amenities;

(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;

(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.

b. Relationship to the Surrounding Areas.

(1) Properties in areas adjacent to concentrations of employment;

(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;

(3) Properties with close proximity and with good pedestrian connections to services in neighborhood commercial areas, public open spaces and other residential amenities;

(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.

Section 10. Section 23.34.024 of the Seattle Municipal Code, which section was last amended by Ordinance 118794, is amended as follows:

23.34.024 Midrise (MR) zone, function and locational criteria.

A. Function. An area that provides concentrations of housing in desirable, pedestrian-oriented urban neighborhoods having convenient access to regional transit stations, where the mix of activity provides convenient access to a full range of residential services and amenities, and opportunities for people to live within walking distance of employment.

B. Locational Criteria.

1. Threshold Conditions. Subject to subsection B2 of this section, properties that may be considered for a Midrise designation are limited to the following:

a. Properties already zoned Midrise;

b. Properties in areas already developed predominantly to the intensity permitted by the Midrise zone; or

c. Properties within an urban center, the village core of a hub urban village, or a residential urban village, where a neighborhood plan adopted or amended by the City Council after January 1, 1995 indicates that the area is appropriate for a Midrise zone designation.

2. Environmentally Critical Areas. Properties designated as environmentally critical may not be rezoned to a Midrise designation, and may remain Midrise only in areas predominantly developed to the intensity of the Midrise zone.

3. Other Criteria. The Midrise zone designation is most appropriate in areas generally characterized by the following:

a. Either:

(1) Areas that are developed predominantly to the intensity permitted by the Midrise zone, or

(2) Areas that are within an urban center, the village core of a hub urban village, or a residential urban village, where a neighborhood plan adopted or amended by the City Council after January 1, 1995 indicates that the area is appropriate for a Midrise zone designation;

b. Properties that are adjacent to business and commercial areas with comparable height and bulk;

c. Properties in areas that are served by major arterials and where transit service is good to excellent and street capacity could absorb the traffic generated by midrise development;

d. Properties in areas that are in close proximity to major employment centers;

e. Properties in areas that are in close proximity to open space and recreational facilities;

f. Properties in areas along arterials where topographic changes either provide an edge or permit a transition in scale with surroundings;

g. Properties in flat areas where the prevailing structure height is greater than thirty-seven (37) feet or where due to a mix of heights, there is no established height pattern;

h. Properties in areas with moderate slopes and views oblique or parallel to the slope where the height and bulk of existing structures have already limited or blocked views from within the multifamily area and upland areas;

i. Properties in areas with steep slopes and views perpendicular to the slope where upland developments are of sufficient distance or height to retain their views over the area designated for the sixty (60) foot height limit;

j. Properties in areas where topographic conditions allow the bulk of the structure to be obscured. Generally, these are steep slopes, sixteen (16) percent or more, with views perpendicular to the slope.

A. Function. To concentrate higher-density housing in pedestrian-oriented urban neighborhoods having convenient pedestrian access to regional transit, a wide range of services and amenities, and employment centers.

B. Locational Criteria. The MR zone is most appropriate on land within urban centers or hub urban villages that is generally characterized by the following conditions:

1. Adjacency to business and commercial areas where comparable height and scale is allowed;

2. Access to regional transit service is good to excellent and street capacity is able to accommodate vehicular circulation that may result from higher density multifamily development;

3. Convenient pedestrian connections to major employment centers and open space and recreational facilities.

Section 11. Section 23.34.026 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, is amended as follows:

23.34.026 Midrise/85' (MR/85') zone, function and locational criteria.

A. The Midrise/85' (MR/85') is most appropriate in areas generally characterized by the criteria described for a rezone to Midrise in Section 23.34.024.

B. In addition, the following shall apply to designate an MR zone as Midrise/85':

1. A neighborhood plan adopted by the City Council shall have designated the area as suitable for Midrise zoning with an eighty-five (85) foot height limit; and

2. A height of eighty-five (85) feet could be accommodated without significantly blocking views; and

3. The development permitted by the zone would not exceed the service capacities which exist in the area, including transit service, parking, and sewers; and

4. A gradual transition in height and scale and level of activity between zones is provided unless major physical edges are present. These edges may be the following:

a. Natural features such as topographic breaks, water bodies and ravines,

b. Freeways, expressways, and other major traffic arterials, and railroad tracks,

c. Street grid and block orientation, or

d. Significant open space and greenspaces.

A. Function. To encourage the concentration of high density residential development at locations within easy walking distance of a high capacity transit station and to more easily accommodate street level uses by providing flexibility for taller multifamily structures up to eighty five feet in height.

B. Locational Criteria. In addition to areas generally characterized by the conditions applicable to MR zones as provided in Section 23.34.024, the MR/85 zone is most appropriate on land in urban centers that is within 800 feet of a high capacity transit station.

Section 12. Section 23.34.028 of the Seattle Municipal Code, which section was last amended by Ordinance 118794, is amended as follows:

23.34.028 Highrise (HR) zone, function and locational criteria.

A. Function. An area that provides a concentration of high density multifamily housing in a pedestrian-oriented neighborhood with convenient access to regional transit stations, and where the mix of activity provides convenient access to a full range of residential services and amenities and employment centers.

B. Locational Criteria.

1. Threshold Conditions. Subject to subsection B2 of this section, properties that may be considered for a Highrise designation are limited to the following:

a. Properties already zoned Highrise;

b. Properties in areas already developed predominantly to the intensity permitted by the Highrise zone; or

c. Properties within an urban center, the village core of a hub urban village, or a residential urban village, where a neighborhood plan adopted or amended by the City Council after January 1, 1995 indicates that the area is appropriate for a Highrise zone designation.

2. Environmentally Critical Areas. Properties designated as environmentally critical may not be rezoned to a Highrise designation, and may remain Highrise only in areas predominantly developed to the intensity of the Highrise zone.

3. Other Criteria. The Highrise zone designation is most appropriate in areas generally characterized by the following:

a. Either:

(1) Areas that are developed predominantly to the intensity permitted by the Highrise zone, or

(2) Areas that are within an urban center or the village core of a hub urban village, or a residential urban village, where a neighborhood plan adopted or amended by the City Council after January 1, 1995 indicates that the area is appropriate for a Highrise zone designation;

b. Properties in areas that are served by arterials where transit service is good to excellent and street capacity is sufficient to accommodate traffic generated by highrise development;

c. Properties in areas that are adjacent to a concentration of residential services or a major employment center;

d. Properties in areas that have excellent pedestrian or transit access to downtown;

e. Properties in areas that have close proximity to open space, parks and recreational facilities;

f. Properties in areas where no uniform scale of structures establishes the character and where highrise development would create a point and help define the character;

g. Properties in flat areas on the tops of hills or in lowland areas away from hills, where views would not be blocked by highrise structures;

h. Properties in sloping areas with views oblique or parallel to the slope where the height and bulk of existing buildings have already limited or blocked views from within the multifamily area and upland areas where the hillform has already been obscured by development.

A. Function. To accommodate residential towers that concentrate the highest density multifamily development in pedestrian-oriented residential neighborhoods well-served by regional transit and within walking distance to employment centers and a full range of residential services and amenities.

B. Locational Criteria. The HR zone is most appropriate in areas generally characterized by the following conditions:

1. Adjacent to the Downtown Urban Center or centrally located in other areas in close proximity to major employment centers and regional transit;

2. The presence of intervening MR or NC zones allowing a moderating scale of development that would provide an appropriate transition from Highrise residential tower development to any lower density and scale of development;

3. The development pattern lacks uniform scale and character, allowing highrise tower development to help define a high density residential character;

4. Where possible, flat areas on the tops of hills or in lowland areas away from hills, where view blockage from highrise tower development would be minimized.

Section 13. Section 23.34.070 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, is amended as follows:

23.34.070 Residential-Commercial (RC) zone, function and locational criteria.

A. Function.

1. Purposes. Areas that serve as the following:

a. As a means to downzone strip commercial areas which have not been extensively developed with commercial uses;

b. As a means to downzone small commercial areas which have not been extensively developed with commercial uses and where commercial services are available nearby;

c. To provide opportunities for needed parking in areas where spillover parking is a major problem;

d. As a means of supporting an existing commercial node.

2. Desired Characteristics. Areas that provide the following:

a. Physical appearance resembling the appearance of adjacent residential areas;

b. Mixed use with small commercial uses at street level.

B. Location Criteria.

1. Requirement. A residential-commercial designation shall be can be combined only with a multifamily designation.

2. Other Criteria. Residential-Commercial zone designation is most appropriate in areas generally characterized by the following:

a. Existing Character.

(1) Areas which are primarily residential in character (which may have either a residential or commercial zone designation), but where a pattern of mixed residential/commercial development is present; or

(2) Areas adjacent to commercial areas, where accessory parking is present, where limited commercial activity and accessory parking would help reinforce or improve the functioning of the commercial areas, and/or where accessory parking would help relieve spillover parking in residential areas.

b. Physical Factors Favoring RC Designation.

(1) Lack of edges or buffer between residential and commercial uses;

(2) Lack of buffer between major arterial and residential uses;

(3) Streets with adequate access and circulation;

(4) Insufficient parking in adjacent commercial zone results in parking spillover on residential streets.

A. Function. To provide access to a limited range of commercial goods and services in residential structures and to support activity in abutting commercial areas.

B. Locational Criteria. The RC zone must be accompanied by a multifamily zone classification and is most appropriate on land generally characterized by the following conditions:

1. A primarily residential character, but where a pattern of mixed residential/commercial development is present or desirable;

2. Adjacent to neighborhood commercial areas, where limited commercial activity and accessory parking would help reinforce or improve the function of the commercial area, and/or where accessory parking would help relieve spillover parking into surrounding residential areas;

3. Adequate street capacity to accommodate anticipated vehicular access and circulation supporting mixed residential and commercial development.

Section 14. Subsection B of Section 23.41.012 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.41.012 Development standard departures.

* * *

B. Departures may be granted from any Land Use Code standard or requirement, except for the following:

1. Procedures;

2. Permitted, prohibited or conditional use provisions, except that departures may be granted from development standards for required Downtown street level uses;

3. Residential density limits;

4. In Downtown zones, provisions for exceeding the base FAR or achieving bonus development as provided in Chapter 23.49;

5. In Downtown zones, the minimum size for Planned Community Developments as provided in Section 23.49.036;

6. In Downtown zones, the average floor area limit for stories in residential use in Chart 23.49.058D1;

7. In Downtown zones, the provisions for combined lot developments as provided in Section 23.49.041;

8. In Downtown Mixed Commercial zones, tower spacing requirements as provided in 23.49.058E;

9. Downtown view corridor requirements, provided that departures may be granted to allow open railings on upper level roof decks or rooftop open space to project into the required view corridor, provided such railings are determined to have a minimal impact on views and meet the requirements of the Building Code;

10. Floor Area Ratios;

11. Maximum size of use;

12. Structure height, except that:

a. Within the Roosevelt Commercial Core building height departures up to an additional three (3) 3 feet may be granted for properties zoned NC3-65', (Exhibit 23.41.012 A Roosevelt Commercial Core);

b. Within the Ballard Municipal Center Master Plan area building height departures may be granted for properties zoned NC3-65', (Exhibit 23.41.012 B Ballard Municipal Center Master Plan Area). The additional height may not exceed nine (9) 9 feet, and may be granted only for townhouses that front a mid-block pedestrian connection or a park identified in the Ballard Municipal Center Master Plan;

c. In Downtown zones building height departures may be granted for minor communication utilities as set forth in Section 23.57.013B;

d. In Multifamily zones building height departures may be granted for elevator penthouses as set forth in Section 23.45.514;

13. Quantity of parking required, maximum parking limit in Downtown zones, and maximum number of drive-in lanes, except that within the Ballard Municipal Center Master Plan area required parking for ground level retail uses that abut established mid-block pedestrian connections through private property as identified in the "Ballard Municipal Center Master Plan Design Guidelines, 2000" may be reduced, but shall not be less than the required parking for Pedestrian-designated areas shown in Section 23.54.015 Chart D;

14. Provisions of the Shoreline District, Chapter 23.60;

15. Standards for storage of solid-waste containers;

16. The quantity of open space required for major office projects in Downtown zones as provided in Section 23.49.016B;

17. Noise and odor standards;

18. Standards for the location of access to parking in Downtown zones;

19. Provisions of Chapter 23.52, Transportation Concurrency Project Review System;

20. Provisions of Chapter 23.53, Requirements for Streets, Alleys and Easements, except that departures may be granted from the access easement standards in Section 23.53.025 and the provisions for structural building overhangs in Section 23.53.035;

21. Definitions; and

22. Measurements.

* * *

Section 15. Section 23.42.042 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.42.042 Conditional uses.

A. Administrative conditional uses and uses requiring Council approval as provided in the respective zones of Subtitle III, Part 2, of this Land Use Code, and applicable provisions of SMC Chapter 25.09, Regulations for Environmentally Critical Areas, may be authorized according to the procedures set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

B. In authorizing a conditional use, the Director or City Council may impose conditions to mitigate adverse impacts on the public interest and other properties in the zone or vicinity.

C. The Director may deny or recommend denial of a conditional use if the Director determines that adverse impacts cannot be mitigated satisfactorily, or that the proposed use is materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

BD. A use that was legally established but that is now permitted only as a conditional use is not a nonconforming use and shall will be regulated as if a conditional use approval had earlier been granted.

E. Any authorized conditional use that has been discontinued may not be re-established or recommenced except pursuant to a new conditional use permit. The following will constitute conclusive evidence that the conditional use has been discontinued:

1. A permit to change the use of the property has been issued and the new use has been established; or

2. The property has not been used for the purpose authorized by the conditional use for more than 24 consecutive months. Property that is vacant, or that is used only for storage of materials or equipment, will not be considered as being used for the purpose authorized by the conditional use. The expiration of business or other licenses necessary for the conditional use will suffice as evidence that the property is not being used as authorized by the conditional use. A conditional use in a multifamily structure or a multi-tenant commercial structure will not be considered discontinued unless all portions of the structure are either vacant or committed to another use.

Section 16. Subsection C of Section 23.42.108 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.42.108 Change from nonconforming use to conforming use.

* * *

C. In multifamily zones, a nonconforming nonresidential use may be converted to residential use even if though all development standards are not met; provided that the if any applicable limits on density limitations of the zone must be are met and provided that if any parking nonconformity with respect to parking shall is not increased as a result of the conversion; in Lowrise Duplex/Triplex zones the total number of dwelling units in any structure is limited to three (3) 3.

* * *

Section 17. Section 23.42.114 of the Seattle Municipal Code, which section was last amended by Ordinance 120293, is amended as follows:

23.42.114 Multifamily structures nonconforming to development standards.

The following provisions apply to multifamily structures that do not comply with current development standards.

A. A nonconforming ground-related multifamily structure or apartment located in a Lowrise Duplex/Triplex (LDT) or Lowrise 1 (L1) zone may be expanded or extended provided the expansion or extension shall conforms to the development standards of the zone and shall does not cause an already nonconforming structure to become more nonconforming to development standards.

B. Additional residential units may be added to a nonconforming ground-related multifamily structure or apartment structure, provided, if the addition shall conforms to the development standards of the zone and shall does not cause an already nonconforming structure to become more nonconforming to development standards.

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.

Section 18. Section 23.42.122 of the Seattle Municipal Code, which section was last amended by Ordinance 120293, is amended as follows:

23.42.122 Height nonconformity.

A. Single Family and Multifamily Zones.

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 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 a four in to twelve 4:12) pitch.

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 provided the additions are constructed below the highest point of the roof. 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 lowered below a six to twelve (6:12) pitch.

* * *

Section 19. Section 23.42.124 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.42.124 Light and glare standards nonconformity.

When nonconforming exterior lighting is replaced, new lighting shall conform to the requirements of the light and glare standards of the respective zone. See subsection H of Section 23.44.008 for single-family zones; Section 23.45.017 for lowrise zones; Section 23.45.059 for midrise zones; Section 23.45.075 for highrise zones; 23.45.534 for multifamily zones; Section 23.46.020 for residential-commercial zones; Section 23.47A.022 for C zones or NC zones; Section 23.48.030 for Seattle Mixed zones; Section 23.49.025 for downtown zones; and Section 23.50.046 for industrial buffer and industrial commercial zones.

Section 20. Subsection B of Section 23.42.130 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.42.130 Nonconforming solar collectors.

The installation of solar collectors that do not conform to development standards or that increase an existing nonconformity may be permitted as follows:

* * *

B. In multifamily zones, pursuant to subsection D of Section 23.45.146 Section 23.45.538;

* * *

Section 21. Subsection D of Section 23.43.008 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, is amended as follows:

23.43.008 Development standards for one dwelling unit per lot.

* * *

D. Yards and Setbacks.

1. Front and Rear Yards.

a. The sum of the front yard plus the rear yard shall be a minimum of thirty (30) 30 feet.

b. In no case shall either yard have a depth of less than ten (10) 10 feet.

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 setbacks greater than ten (10) 10 feet, provided that the requirement of subsection D1a of this section shall not be is not increased or decreased, and the requirement of subsection D1b of this section shall not be is not reduced.

2. Side Setbacks. The required side setback shall be five (5) 5 feet. The side setback may be averaged. No portion of the side setback shall be less than three (3) 3 feet, except as follows:

a. Street side setbacks shall be a minimum of five (5) 5 feet.

b. If an easement is provided along a side lot line of the abutting lot sufficient to leave a ten (10) 10 foot separation between the two (2) principal structures of the two (2) lots, the required side yard may be reduced from the requirement of subsection D2 above. 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, except that the eaves of a principal structure may project a maximum of eighteen (18) 18 inches into the easement. No portion of any structure, including eaves, shall cross the property line.

3. Projections and structures permitted in required yards and setbacks are subject to the standards of subsections G and H of Section 23.45.518.

* * *

Section 22. Subsection C of Section 23.43.010 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, is amended as follows:

23.43.010 Tandem housing.

* * *

C. Yards, and Setbacks and Separations Between Structures.

1. Front Yard. The front yard shall be a minimum of ten (10) 10 feet.

2. Interior Separation between Tandem Houses. The interior separation between the residential structures shall be a minimum of ten (10) 10 feet.

3. Rear Yard. Where no platted alley exists, the rear yard for a lot containing tandem houses shall be a minimum of ten (10) 10 feet. Where a platted developed alley exists, this rear yard requirement shall does not apply.

4. Total Combined Yards. The total of the front yard, rear yard (if any), and the interior separation shall be a minimum of thirty-five (35) 35 feet.

5. Modification of Front and Rear Yards. 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 setbacks greater than ten (10) 10 feet (except for rear yards where platted and developed alleys exist), subject to the provisions of subsections C1, C2, C3, and C4 of this section, and provided that the required total combined yards shall not exceed thirty-five (35) 35 feet.

6. Side Setbacks. The required side setback shall be five (5) 5 feet. The side setback may be averaged. No portion of the side setback shall be less than three (3) 3 feet, except as follows:

a. Street side setbacks shall be a minimum of five (5) 5 feet.

b. If an easement is provided along a side lot line of the abutting lot sufficient to leave a ten (10) 10 foot separation between the two (2) principal structures of the two (2) lots, the required side setback may be reduced from the requirement of Section 23.43.008 D2. The easement shall be recorded with the King County Department of Records and Elections. The easement shall provide access for normal maintenance activities on the principal structure on the lot with less than the required side setback. No principal structure shall be located in the easement, except that eaves of a principal structure may project a maximum of eighteen (18) 18 inches into the easement. No portion of any structure, including eaves, shall cross the property line.

7. Projections and structures permitted in required yards, setbacks and separations between structures are subject to the standards of subsections G and H of Section 23.45.518.

* * *

Section 23. Subsections D, E and F of Section 23.43.012 of the Seattle Municipal Code, which section was last amended by Ordinance 117430, are amended as follows:

23.43.012 Cottage Housing Developments (CHDs).

* * *

D. Lot Coverage and Floor Area.

1. The maximum lot coverage permitted for principal and accessory structures in cottage housing developments shall not exceed forty (40) 40 percent.

2. The maximum ground level floor area lot coverage for an individual principal structure in a cottage housing development, as measured for lot coverage, shall not exceed six hundred fifty (650) 650 square feet.

3. The total floor area of each cottage shall not exceed either 1.5 times the area of the main level or nine hundred seventy-five (975) square feet, whichever is less. Enclosed space in a cottage located either above the main level and more than twelve (12) feet above finished grade, or below the main level, shall be limited to no more than fifty (50) percent of the enclosed space of the main level, or three hundred seventy-five (375) square feet, whichever is less. This restriction applies regardless of whether a floor is proposed in the enclosed space, but shall not apply to attic or crawl spaces. The total floor area of each cottage shall not exceed 975 square feet.

E. Yards, Setbacks and Separations Between Structures.

1. Front Yards. In order to accommodate a The front yard for cottage housing developments, a setback from the front property line shall be an average of ten (10) 10 feet, and at no point shall be less than five (5) 5 feet.

2. Rear Yards. The minimum rear yard for a cottage housing development shall be ten (10) 10 feet.

3. Side Yards. The minimum required side yard for a cottage housing development shall be five (5) 5 feet. When there is a principal entrance along a side facade, the side yard shall be no less than ten (10) 10 feet along that side for the length of the pedestrian route. This ten (10) 10 foot side yard shall apply only to a height of eight (8) 8 feet above the access route.

4. Interior Separation for Cottage Housing Developments. There shall be a minimum separation of six (6) 6 feet between principal structures. Facades of principal structures facing facades of accessory structures shall be separated by a minimum of three (3) 3 feet. When there is a principal entrance on an interior facade of either or both of the facing facades, the minimum separation shall be ten (10) 10 feet.

5. Projections and structures permitted in required yards, setbacks and separations between structures are subject to the standards of subsections G and H of Section 23.45.518.

F. Required Open Space.

1. Quantity of Open Space. A minimum of four hundred (400) 400 square feet per unit of landscaped open space is required. This quantity shall be allotted as follows:

a. A minimum of two hundred (200) 200 square feet per unit shall be private usable open space; and

b. A minimum of one hundred fifty (150) 150 square feet per dwelling unit shall be provided as common open space.

2. Development Standards.

a. Each unit shall have direct access to p Private usable open space with a minimum area of 200 square feet that is.shall be provided at ground level in one (1) contiguous parcel with a minimum area of two hundred (200) square feet. No horizontal dimension of the open space shall be less than ten (10) 10 feet.

b. Required The required amount of common open space shall be provided at ground level in one (1) contiguous parcel with a minimum area ofone hundred fifty (150) square feet per unit. in one area with a minimum horizontal dimension of ten feet. Each cottage shall abut the common open space, and the common open space shall have cottages abutting at least two (2) sides.

c. The minimum horizontal dimension for open space shall be ten (10) feet.

* * *

Section 24. Subsection A of Section 23.43.040 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.43.040 Accessory uses and structures.

A. Accessory structures shall be are permitted in the RSL zone under the following conditions:

1. New garages shall be are subject to the yard and setback requirements of Section 23.43.008 D when accessory to one (1) detached structure per lot, of Section 23.43.010 C when accessory to tandem houses, and of Section 23.43.040 E when accessory to cottage housing.

2. When converted to principal use in tandem house developments, garages shall be are subject to the development standards for tandem house principal structures.

3. Garages shall be limited to a height of twelve (12) 12 feet as measured on the facade containing the entrance for the vehicle.

4. Accessory structures other than garages shall also be limited to twelve (12) 12 feet in height.

5. Accessory dwelling units are permitted in the RSL zone for houses developed on separate lots, according to the standards in 23.44.041, unless prohibited in an applicable section.

* * *

Section 25. Subsection E of Section 23.44.006 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.44.006 Principal uses permitted outright.

* * *

E. Public Schools Meeting Development Standards. In all single-family zones, new public schools or additions to existing public schools, and accessory uses including child care centers, subject to the special development standards and departures from standards contained in Section 23.44.017 Chapter 23.51B, except that departures from development standards may be permitted or required pursuant to procedures and criteria established in Chapter 23.79, Development Standard Departure for Public Schools;

* * *

Section 26. Section 23.44.017 of the Seattle Municipal Code, which section was last amended by Ordinance 121429, is amended and recodified in a new Chapter 23.51B as follows:

23.44.017 Development standards for public schools. Chapter 23.51B Public schools in residential zones

23.51B.002 Public schools in residential zones

Public schools in all single family and multifamily zones are shall be subject to the following development standards unless otherwise indicated:

A. Maximum Lot Coverage. New public schools or additions to existing public schools and accessory uses including child care centers that meet the applicable development standards of this chapter are permitted outright.

B. Departures from development standards may be permitted or required pursuant to procedures and criteria established in Chapter 23.79, Establishment of Development Standard Departure for Public Schools.

C. Public schools in Lowrise Duplex/Triplex (LDT) zones shall meet the development standards for public schools in Lowrise 1 (L1) zones.

D. Lot Coverage in Single Family Zones.

1. For new public school construction on new public school sites the maximum lot coverage permitted for all structures shall not exceed forty-five (45) 45 percent of the lot area for one (1) story structures or thirty-five (35) 35 percent of the lot area if any structure or portion of a structure has more than one (1) story.

2. For new public school construction and additions to existing public school structures on existing public school sites, the maximum lot coverage permitted shall not exceed the greater of the following:

a. The lot coverage permitted in subsection A1 D1; or

b. The lot coverage of the former school structures on the site provided that the height of the new structure or portion of structure is no greater than that of the former structures as regulated in Section 23.86.006 E, and at least fifty (50) 50 percent of the footprint of the new principal structure is constructed on a portion of the lot formerly occupied by the footprint of the former principal structure. (See Exhibit 23.44.017 A. A for 23.51B.002.

Exhibit A for 23.51B.002, Additions to Existing Public School Structures on Existing Public School Sites

3. Development standard departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79. Up to fifty-five (55) 55 percent lot coverage may be allowed for single-story structures, and up to forty-five (45) 45 percent lot coverage for structures of more than one (1) story. Lot coverage restrictions may be waived by the Director when waiver would contribute to reduced demolition of residential structures.

4. The exceptions to lot coverage set forth in subsection D of Section 23.44.010 shall apply.

B. E. Height.

1. Single Family and Lowrise Zones.

a. For new public school construction on new public school sites, the maximum permitted height shall be is thirty (30) 30 feet. For gymnasiums and auditoriums that are accessory to the public school, the maximum permitted height shall be is thirty-five (35) 35 feet plus ten (10) 10 feet for a pitched roof if all portions of the structure above thirty (30) 30 feet are set back at least twenty (20) 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 three four to twelve (3:12) (4:12). No portion of a shed roof on a gymnasium or auditorium shall be is permitted to extend above the thirty-five (35) 35 foot height limit under this provision.

2. b. For new public school construction on existing public school sites, the maximum permitted height shall be is thirty-five (35) 35 feet plus fifteen (15) 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 three four to twelve (3:12) (4:12). No portion of a shed roof is permitted to extend beyond the thirty-five (35) 35 foot height limit under this provision.

3. c. For additions to existing public schools on existing public school sites, the maximum height permitted shall be is the height of the existing school or thirty-five (35) 35 feet plus fifteen (15) 15 feet for a pitched roof, whichever is greater. When the height limit is thirty-five (35) 35 feet, the ridge of the pitched roof on a principal structure may extend up to fifteen (15) 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 three four to twelve (3:12) (4:12). No portion of a shed roof shall be is permitted to extend beyond the thirty-five (35) 35 foot limit under this provision.

2. Midrise and Highrise Zones. The maximum permitted height for any public school located in a MR or HR Zone is the maximum height permitted in that zone for multifamily structures.

4. 3. 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 that may be granted as development standard departure shall be is thirty-five (35) 35 feet plus fifteen (15) 15 feet for a pitched roof for elementary schools and sixty (60) 60 feet plus fifteen (15) 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. 4. 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. 5. 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) 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) 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.

C. F. Setbacks.

1. General Requirements.

a. No setbacks shall be 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 or abutting a lot in a nonresidential zone. When 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 C2 F2 through C5 F5 below. Setbacks for sites across a street or alley from or abutting lots in Residential-Commercial (RC) zones shall be are based upon the residential zone classification of the RC lot.

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 C2b, C3b and C4b F2b, F3b and F4b.

c. Trash disposals, openable windows in a gymnasium, main entrances, play equipment, kitchen ventilators or other similar items shall be located at least thirty (30) 30 feet from any single-family zoned lot and twenty (20) 20 feet from any multi-family zoned lot.

d. The exceptions of subsections D4, D5, D6, D8, D9, D10, D11 and D12 of Section 23.44.014 shall apply.

2. New Public School Construction on New Public School Sites.

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 facade height of the school and the designation of the facing residential zone, as follows shown in Table A for 23.51B.002:

Table A for 23.51B.002, Minimum Setbacks When Across a Street or Alley

Minimum Setbacks by Zone :from which When Across a Street or Alley from:

Facade Height1 SF/L1 L2/L3/L4 MR HR

Average

Up to 20' 15' 10' 5' 0'

21' to 35' 15' 10' 5' 0

36' to 50' 20' 15' 5' 0'

51' or more 35' 20' 10' 0'

1 Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

b. New public school construction on new public school sites abutting lots in residential zones shall provide minimum setbacks according to the facade height of the school and the designation of the abutting residential zone, as follows shown in Table B for 23.51B.002:

Table B for 23.51B.002, Minimum Setbacks by Abutting Zone

Minimum Setbacks by Abutting Zone: Facade Height1 SF/L1 L2/L3/L4 MR HR Average (minimum)

Up to 20' 21' 15'(10') 10'(5') 0' 20' (10')

21' to 35' 20' 15'(10') 10'(5') 0 25' (10')

36' to 50' 25'(10') 20'(10') 10'(5') 0'

51' or more 30'(15') 25'(10') 15'(5') 0'

1 Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

3. New Public School Construction on Existing Public School Sites.

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 facade height of the school and the designation of the facing residential zone as follows as shown in Table C for 23.51B.002, whichever is less:

Table C for 23.51B.002, Minimum Setbacks When Across a Street or Alley

Minimum Setbacks by Zone from which When Across a Street or Alley from:

Facade Height1 SF/L1 L2/L3/L4 MR HR Average

Up to 20' 10' 5' 5' 0'

21' to 35' 10' 5' 5' 0'

36' to 50' 15' 10' 5' 0'

51' or more 20' 15' 10' 0'

1. Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

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 facade height of the school and the designation of the abutting residential zone, as follows shown in Table D for 23.51B.002, whichever is less:

Table D for 23.51B.002, Minimum Setbacks by Abutting Zone

Minimum Setbacks by Abutting Zone:

Facade Height1 SF/L1 L2/L3/L4 MR HR \ Average (minimum)

Up to 20' 15'(10') 10'(5') 10'(5') 0'(0')

21' to 35' 20'(10') 15'(10') 10'(5') 0'(0')

36' to 50' 25'(10') 20'(10') 10'(5') 0'(0')

51' or more 30'(15') 25'(10') 15'(5') 0'(0')

1. Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

4. Additions to Existing Public School Structures on Existing Public School Sites.

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 facade height of the school and the designation of the facing residential zone as follows shown in Table E for 23.51B.002, whichever is less:

Table E for 23.51B.002, Minimum Setbacks When Across a Street or Alley

Minimum Setbacks by Zone from which When Across a Street or Alley from:

Facade Height1 SF/L1 L2/L3/L4 MR HR Average

Up to 20' 5' 5' 5' 0'

21' to 35' 10' 5' 5' 0'

36' to 50' 15' 10' 5' 0'

51' or more 20' 15' 10' 0'

1. Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

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 facade height of the school and the designation of the abutting residential zone as follows shown in Table F for 23.51B.002, whichever is less:

Table F for 23.51B.002, Minimum Setbacks by Abutting Zone

Minimum Setbacks by Abutting Zone:

Facade Height1 SF/L1 L2/L3/L4 MR HR Average (minimum)

Up to 20' 10'(5') 10'(5') 10'(5') 0'(0')

21' to 35' 15'(5') 10'(5') 10'(5') 0'(0')

36' to 50' 20'(10') 20'(10') 10'(5') 0'(0')

51' or more 25'(10') 25'(10') 15'(5') 0'(0')

1. Height of facade or portion of facade and height of pitched roof to ridge from existing grade. 5. Development standard departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 as follows:

a. The minimum average setback may be reduced to ten (10) 10 feet and the minimum setback to five (5) 5 feet for structures or portions of structures across a street or alley from lots in residential zones.

b. The minimum average setback may be reduced to fifteen (15) 15 feet and the minimum setback to five (5) 5 feet for structures or portions of structures abutting lots in residential zones.

c. The limits in subsections C5a and C5b may be waived by the Director when a waiver would contribute to reduced demolition of residential structures.

D. G. Structure Width.

1. When a new public school structure is built on a new public school site or on an existing public school site, the maximum width of a structure shall be is sixty-six (66) 66 feet unless either the modulation option in subsection D1a G1a below or the landscape option in subsection D1b G1b below is met.

a. Modulation Option. Facades shall be modulated according to the following provisions:

(1) The minimum depth of modulation shall be is four (4) 4 feet.

(2) The minimum width of modulation shall be is twenty (20) 20 percent of the total structure width or ten (10) 10 feet, whichever is greater.

b. Landscape Option. The yards provided by the required setbacks shall be landscaped as follows:

(1) One (1) tree and three (3) shrubs are required for each three hundred (300) 300 square feet of required yard. When new trees are planted, at least half must be deciduous.

(2) Trees and shrubs which that already exist in the required planting area or have their trunk or center within ten (10) 10 feet of the area may be substituted for required plantings on a one (1) tree to one (1) tree or one (1) shrub to one (1) shrub basis if the minimum standards of the Director's Rule for Landscaping, are met, except that shrub height need not exceed two (2) feet at any time. In order to give credit for large existing trees, a tree may count as one (1) required tree for every three hundred (300) square feet of its canopy spread. one-tree-to-one-tree or one-shrub-to-one-shrub basis. In order to qualify, a tree must be 6 inches or greater in diameter, measured 4.5 feet above the ground.

(3) The planting of street trees may be substituted for required trees on a one-to-one (1:1) basis. All street trees shall be planted according to City of Seattle tree planting standards.

(4) Each setback required to be landscaped shall be planted with shrubs, grass, and/or evergreen ground cover.

(5) Landscape features such as decorative paving are permitted to a maximum of twenty-five (25) 25 percent of each required landscaped area.

(6) A plan shall be filed showing the layout of the required landscaping.

(7) The School District shall maintain all landscape material and replace any dead or dying plants.

2. There is no maximum width limit for additions to existing public school structures on existing public school sites. The Director may require landscaping to reduce the appearance of bulk.

3. Development standard departure from the modulation and landscaping standards may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 to permit other techniques to reduce the appearance of bulk. Techniques to reduce the appearance of bulk may be waived by the Director when the waiver would contribute to reduced demolition of residential structures.

E. H. Parking Quantity. Parking shall be required as provided in Chapter 23.54.

F. I. Parking Location. Parking may be located:

1. Within the principal structure; or

2. On any portion of the lot except the front setback when separated from streets and from abutting lots in residential zones by a five (5) 5 foot deep area which that is landscaped with trees and ground cover determined by the Director as adequate to soften the view of the parking from adjacent properties. In the case of a through lot, parking may also be located in one (1) front setback when landscaped as described in this subsection;

3. Development standard departure may be granted or required pursuant to the procedures set forth in Chapter 23.79 to permit parking location anywhere on the lot and to reduce required landscaping. Landscaping may be waived in whole or in part if the topography of the site or other circumstances result in the purposes of landscaping being served, as, for example, when a steep slope shields parking from the view of abutting properties. This test may be waived by the Director when waiver would contribute to reduced demolition of residential structures.

G. J. Bus and Truck Loading and Unloading.

1. Unless subsection G 4 J4 of this section applies, an off-street bus loading and unloading area of a size reasonable to meet the needs of the school shall be provided and may be located in any required yard. The bus loading and unloading area may be permitted in landscaped areas provided under subsection D1b G1b if the Director determines that landscaping around the loading and unloading area softens the impacts of its appearance on abutting properties.

2. One (1) off-street truck loading berth meeting the requirements of subsection H of Section 23.54.030 shall be required for new public school construction.

3. Development standard departure from the requirements and standards for bus and truck loading and unloading areas and berths may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 only when departure would contribute to reduced demolition of residential structures.

4. When a public school is remodeled or rebuilt at the same site, an existing on-street bus loading area is allowed if the following conditions are met:

a. The school site is not proposed to be expanded;

b. The student capacity of the school is not being expanded by more than twenty-five (25) 25 percent; and

c. The location of the current on-street bus loading remains the same.

H. K. Noise, Odor, Light and Glare. The development standards for small institutions set forth in subsections A1, B and C of Section 23.45.100 shall Section 23.45.554 apply. Development standard departure from these standards may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 only when departure would contribute to reduced demolition of residential structures.

Section 27. Section 23.45.112 of the Seattle Municipal Code, relating to public schools in multifamily zones, which section was last amended by Ordinance 121477, is repealed.

Section 28. Section 23.44.036 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended and recodified as a new Chapter 23.51A as follows:

23.44.036 Public facilities. Chapter 23.51A Public facilities in residential zones

23.51A.002 Public facilities in single family zones

A. Except as provided in subsections B, D and E below, uses in public facilities that are most similar to uses permitted outright or permitted as an administrative conditional use under this chapter shall also be 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. The City Council may waive or modify applicable development standards or administrative conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

B. Permitted Uses in Public Facilities Requiring City Council Approval. The following uses in public facilities in single-family zones may be permitted by the City Council, according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions:

1. Police precinct station;

2. Fire station;

3. Public boat moorage;

4. Utility services use; and

5. Other similar use.

The proponent of any such use shall demonstrate the existence of a public necessity for the public facility use in a single-family zone. The public facility use shall be developed according to the development standards for institutions (Section 23.44.022), unless the City Council makes a determination to waive or modify applicable development standards according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as type Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) 750 square feet or ten (10) 10 percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Sewage Treatment Plants. The expansion or reconfiguration (which term shall include reconstruction, redevelopment, relocation on the site, or intensification of treatment capacity) of existing sewage treatment plants in single-family zones may be permitted if there is no feasible alternative location in a zone where the use is permitted and the conditions imposed under subsections D3 and D4 are met.

1. Applicable Procedures. The decision on an application for the expansion or reconfiguration of a sewage treatment plant shall be is a Type IV Council land use decision. If an application for an early determination of feasibility is required to be filed pursuant to subsection D2 of this section, the early determination of feasibility will also be a Council land use decision subject to Sections 23.76.038 through 23.76.056.

2. Need for Feasible Alternative Determination. The proponent shall demonstrate that there is no feasible alternative location in a zone where establishment of the use is permitted.

a. The Council's decision as to the feasibility of alternative location(s) shall be based upon a full consideration of the environmental, social and economic impacts on the community, and the intent to preserve and to protect the physical character of single-family areas, and to protect single-family areas from intrusions of non-single-family uses.

b. The determination of feasibility may be the subject of a separate application for a Council land use decision prior to submission of an application for a project-specific approval if the Director determines that the expansion or reconfiguration proposal is complex, involves the phasing of programmatic and project-specific decisions or affects more than one site in a single-family zone.

c. Application for an early determination of feasibility shall include:

(1) The scope and intent of the proposed project in the single-family zone and appropriate alternative(s) in zones where establishment of the use is permitted, identified by the applicant or the Director;

(2) The necessary environmental documentation as determined by the Director, including an assessment of the impacts of the proposed project and of the permitted-zone alternative(s), according to the state and local SEPA guidelines;

(3) Information on the overall sewage treatment system which that outlines the interrelationship of facilities in single-family zones and in zones where establishment of the use is permitted;

(4) Schematic plans outlining dimensions, elevations, locations on site and similar specifications for the proposed project and for the alternative(s).

d. If a proposal or any portion of a proposal is also subject to a feasible or reasonable alternative location determination under Section 23.60.066 of Title 23, the Plan Shoreline Permit application and the early determination application will be considered in one determination process.

3. Conditions for Approval of Proposal.

a. The project shall be located so that adverse impacts on residential areas shall be minimized;

b. The expansion of a facility shall not result in a concentration of institutions or facilities that would create or appreciably aggravate impacts that are incompatible with single-family residences.

c. A facility management and transportation plan shall be required. The level and kind of detail to be disclosed in the plan shall be based on the probable impacts and/or scale of the proposed facility, and shall at a minimum include discussion of sludge transportation, noise control, and hours of operation. Increased traffic and parking expected to occur with use of the facility shall not create a serious safety problem or a blighting influence on the neighborhood;

d. Measures to minimize potential odor emission and airborne pollutants including methane shall meet standards of and be consistent with best available technology as determined in consultation with the Puget Sound Clean Air Agency (PSCAA), and shall be incorporated into the design and operation of the facility;

e. Methods of storing and transporting chlorine and other hazardous and potentially hazardous chemicals shall be determined in consultation with the Seattle Fire Department and incorporated into the design and operation of the facility;

f. Vehicular access suitable for trucks is available or provided from the plant to a designated arterial improved to City standards;

g. The bulk of facilities shall be compatible with the surrounding community. Public facilities that do not meet bulk requirements may be located in single-family residential areas if there is a public necessity for their location there;

h. Landscaping and screening, separation from less intensive zones, noise, light and glare controls and other measures to ensure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

i. Residential structures, including those modified for nonresidential use, shall not be demolished for facility expansion unless a need has been demonstrated for the services of the institution or facility in the surrounding community.

4. Substantial Conformance. If the application for a project-specific proposal is submitted after an early determination that location of the sewage treatment plant is not feasible in a zone where establishment of the use is permitted, the proposed project must be in substantial conformance with the feasibility determination.

Substantial conformance shall include, but not be limited to, a determination that:

a. There is no net substantial increase in the environmental impacts of the project-specific proposal as compared to the impacts of the proposal as approved in the feasibility determination.

b. Conditions included in the feasibility determination are met.

E. Prohibited Uses. The following public facilities are prohibited in single-family zones:

1. Jails;

2. Metro operating bases;

3. Park and ride lots;

4. Establishment of new sewage treatment plants;

5. Solid waste transfer stations;

6. Animal control shelters;

7. Post Office distribution centers; and

8. Work-release centers.

F. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

Section 29. Section 23.45.106 of the Seattle Municipal Code, which section was last amended by Ordinance 118672, is amended and recodified as follows:

23.45.106 Public facilities. 23.51A.004 Public facilities in multifamily zones

A. Except as provided in subsections B, E, F and G of this section below, uses in public facilities that are most similar to uses permitted outright or permitted as an administrative conditional use under this chapter shall also be 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. The City Council may waiver or modify applicable development standards or administrative conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial Decisions and City facilities considered as Type V legislative decisions.

B. Other Permitted Uses in Public Facilities Requiring City Council Approval. The following uses in public facilities shall be permitted outright in all multifamily zones, when the development standards for institutions (Sections 23.45.092 through 23.45.102) are met:

1. Police precinct stations;

2. Fire stations;

3. Public boat moorages;

4. Utility services uses; and

5. Other similar uses.

If the proposed public facility use does not meet the development standards for institutions, the City Council may waive or modify applicable development standards according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. In all multifamily zones, uses in public facilities not meeting development standards may be permitted by the Council if the following criteria are satisfied:

1. the project provides unique services which are not provided to the community by the private sector, such as police and fire stations; and

2. The proposed location is required to meet specific public service delivery needs; and

3. The waiver or modification to the development standards is necessary to meet specific public service delivery needs; and

4. The relationship of the project to the surrounding area has been considered in the design, siting, landscaping and screening of the facility.

D. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B of this section above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B of this section above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

E. The following public facilities shall be prohibited in all multifamily zones:

1. Jails;

2. Work-release centers;

3. METRO operating bases;

4. Park and Ride lots;

5. Sewage treatment plants;

6. Solid waste transfer stations;

7. Animal control shelters; and

8. Post office distribution centers.

F. Specific Development Standards for Public Facilities.

1. Sale and consumption of beer during daylight hours on public park premises shall be permitted in a building or within fifty (50) feet of the building on an adjoining terrace; provided, that such use shall be in a completely enclosed building or enclosed portion of building when within one hundred (100) feet of any lot in a residential zone.

2. Sale and consumption of alcoholic beverages under a Class H liquor license on municipal golf course premises during the established hours of operation of the golf course shall be permitted in a building or within fifty (50) feet of the building on an adjoining terrace, provided, that such use shall be in a completely enclosed building or enclosed portion of building when within one hundred (100) feet of any lot in a residential zone.

G. Convention Center. The location or expansion of a public convention center may be permitted in the Highrise Zone through a Type IV Council land use decision. The following shall be considered in evaluating and approving, conditioning or denying public convention center proposals:

1. In making its decision, the Council shall determine whether the facility serves the public interest. This determination shall be based on an evaluation of the public benefits and the adverse impacts of the facility. The Council shall approve the facility only if it finds that public benefits outweigh the adverse impacts of the facility which cannot otherwise be mitigated.

2. In evaluating the public benefits and adverse impacts of a proposed convention center, the Council shall consider, but is not limited to, the following factors:

a. Economic impacts including, but not limited to, the net fiscal impacts on The State of Washington and City of Seattle, increased employment opportunities, demand for new development and increased tourism in the City and state;

b. Public amenities incorporated in the project including, but not limited to, open spaces accessible to the public and improved pedestrian circulation systems;

c. The relationship of the project to its surroundings with respect to height, bulk, scale, massing, landscaping, aesthetics, view enhancement or blockage, shadows and glare;

d. Impacts of the facility on traffic, parking, street systems, transit and pedestrian circulation;

e. Impacts of the facility on existing residential development in the vicinity of the project, including but not limited to direct and indirect housing loss;

f. Impacts of the facility on local governmental services and operations, including, but not limited to police and fire protection, and water, sewer and electric utilities;

g. Impacts of the facility relative to noise and air quality;

h. Cumulative impacts of the project on governmental services and facilities, natural systems, or the surrounding area, considering the project's impacts in aggregate with the impacts of prior development and the impacts of future development which may be induced by the project;

i. Additional information as the Council deems necessary to fully evaluate the proposal.

3. If the Council approves a convention center, it may attach conditions to its approval as necessary to protect the public interest or to mitigate adverse impacts. Conditions required by the Council may include, but are not limited to, landscaping, screening or other design amenities; parking facilities adequate to accommodate potential parking demands; a traffic management plan; measures to mitigate housing loss; and measures to reduce energy consumption.

H. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

A. Uses in public facilities that are most similar to uses permitted outright or permitted as a conditional use 23.45.504 are permitted outright or as a conditional use, respectively, subject to the same use regulations, development standards and conditional use criteria that govern the similar use.

B. Unless specifically prohibited in 23.45.504, public facilities not meeting development standards for institutions, 23.45.554, may be permitted by the City Council.

C. The Council may waive or grant departures from development standards for public facilities, if the following criteria are satisfied:

1. The location of the public facility addresses specific and unique public service needs, such as police and fire stations, and any waiver or departure from development standards is necessitated by those public service delivery needs;

2. The impact of the public facility on surrounding properties has been addressed in the design, siting, landscaping and screening of the facility.

D. Expansion of Public Facilities.

1. Major Expansion. Major expansion of public facilities allowed pursuant to 23.45.504 may be approved by the City Council subject to the criteria of subsections C1 and C2 of this section. A major expansion of a public facility occurs when an expansion would not meet development standards or the area of the expansion would exceed either 750 square feet or 10 percent of the existing area of the use, whichever is greater. For the purposes of this subsection, area of use includes gross floor area and outdoor area devoted actively to that use, other than as parking.

2. Minor Expansion. 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 23.45.504 are permitted according to the provisions of Chapter 23.76, for a Type I Master Use Permit.

E. Sale and Consumption of Alcoholic Beverages in Certain Public Facilities.

1. Sale and consumption of beer during daylight hours on public park premises is permitted in a building or within 50 feet of the building on an adjoining terrace; provided, that such use shall be in a completely enclosed building or enclosed portion of building when within 100 feet of any lot in a residential zone.

2. Sale and consumption of alcoholic beverages under a Class H liquor license on municipal golf course premises during the established hours of operation of the golf course is permitted in a building or within 50 feet of the building on an adjoining terrace, provided, that such use is in a completely enclosed building or enclosed portion of building when within 100 feet of any lot in a residential zone.

F. Essential public facilities will be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

G. Uses in existing or former public schools:

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.

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.

H. Medical service use, meeting the development standards for institutions, are permitted outright on property conveyed by a deed from the City that, at the time of conveyance, restricted the property's use to a health care or health-related facility.

Section 30. The Chapter name and subchapter headings and parts for Chapter 23.45 of the Seattle Municipal Code, which were established by Ordinance 110381, are amended as follows:

Chapter 23.45 RESIDENTIAL, MULT-FAMILY Multifamily

Subchapter I Principal Uses Permitted Outright

Part 1 Generally

Part 2 Lowrise Zones

Part 3 (Reserved)

Part 4 (Reserved)

Part 5 Midrise

Part 6 Highrise

Part 7 Other Principal Uses Permitted Outright

Subchapter II

Administrative Conditional Uses

Subchapter III

Accessory Uses

Section 31. Section 23.45.002 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended and recodified as follows:

23.45.002 23.45.502 Scope of provisions

A. This chapter details those describes the authorized uses and their development standards which are or may be permitted in the seven (7) multifamily residential zones: for the following zones:

Lowrise Duplex/Triplex (LDT),

Lowrise 1 (L1),

Lowrise 2 (L2),

Lowrise 3 (L3),

Lowrise 4 (L4),

Midrise (MR), Midrise/85 (MR/85), and

Highrise (HR).

B. 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.

C. In addition to the provisions of this chapter, certain multifamily areas may be regulated by Overlay Districts, Chapter 23.59.

Section 32. Section 23.45.004 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended and recodified as follows:

23.45.004 Principal uses permitted outright. 23.45.504 Permitted and prohibited uses

A. The following principal uses are permitted outright in all multifamily zones:

1. Single-family dwelling units;

2. Multifamily structures;

3. Congregate residences;

4. Adult family homes;

5. Nursing homes;

6. Assisted living facilities;

7. Institutions meeting all development standards;

8. Major Institution and Major Institution uses within Major Institution Overlay Districts subject to Chapter 23.69;

9. Public facilities meeting all development standards; and

10. Parks and open space including customary buildings and activities.

B. In Midrise and Highrise zones certain ground-floor business and commercial uses are permitted outright according to the provisions of Section 23.45.110.

C. Uses in existing or former public schools:

1. Child care centers, 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.

2. Other nonschool uses shall be 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.

D. Medical service use, meeting the development standards for institutions, arepermitted outright on property conveyed by a deed from the City which, at the time of conveyance, restricted the property's use to a health care or health-related facility.

A. All uses are permitted outright, prohibited or permitted as a conditional use according to Table A for 23.45.504 and this section. Uses not referred to in Table A are prohibited, unless otherwise indicated in this chapter or Chapters 23.51A or 23.51B.

B. All permitted uses are allowed as a principal use or as an accessory use, unless otherwise indicated in this Chapter.

Table A for Section 23.45.504, Permitted and Prohibited Uses Permitted and Prohibited Uses by Zone

Uses LDT, L1, L2, MR and HR L3 and L4

Residential use P P

Institutions P/CU1 P/CU1

Police precinct stations; fire P2 P2 stations; public boat moorages; utility service uses; and other similar public facilities not meeting development standards

Park and pool and park and ride lots X/CU3 X/CU3

Public or private parks and P P playgrounds including customary uses

Ground floor commercial uses4 RC P

Uses not otherwise permitted in CU CU landmark structures

Cemeteries P/X5 P/X5

All other uses X X

1. Institutions meeting development standards are permitted outright; all others are administrative conditional uses pursuant to section 23.45.506. The provisions of this Chapter shall apply to Major Institution uses as provided in Chapter 23.69.

2. Listed and similar public facilities that meet the standards for institutions in 23.45.554 are permitted outright; others may be permitted pursuant to Section 23.51A.

3. Prohibited in Station Area Overlay Districts. Permitted as an administrative conditional use only on parking lots existing at least 5 years prior to the establishment of the park and pool lot.

4. Subject to Subsection D.

5. Subject to Subsection E.

A = Permitted as an accessory use only P = Permitted outright CU = Permitted as an Administrative Conditional Use RC = Permitted in areas zoned Residential Commercial (RC) zones, and subject to the provisions of the RC zone, Chapter 23.46.

C. Accessory uses. The following accessory uses are permitted in all multifamily zones:

1. Private garages and private carports;

2. Private, permanent swimming pools, hot tubs and other similar uses;

3. Solar collectors, including solar greenhouses;

4. Open wet moorage accessory to residential structures;

5. Bed and breakfasts;

6. Recycling collection stations; and

7. Heat recovery incinerators.

D. Ground floor commercial use. The following uses are permitted as ground-floor commercial uses in Midrise and Highrise zones subject to Section 23.45.532:

1. Business support services;

2. Food processing and craft work;

3. General sales and services;

4. Medical services;

5. Offices;

6. Restaurants; and

7. Live work with one of the above uses as the permitted commercial use.

E. Existing cemeteries are permitted to continue in use. New cemeteries are prohibited and existing cemeteries are prohibited from expanding. For purposes of this section, a change in a cemetery boundary is not considered an expansion in size and is permitted provided that:

1. the change does not increase the net land area occupied by the cemetery;

2. the land being added to the cemetery is contiguous to the existing cemetery and is not separated from the existing cemetery by a public street or alley whether or not improved; and

3. the use of the land being added to the cemetery will not result in the loss of housing.

Section 33. Section 23.45.116 of the Seattle Municipal Code, which section was last amended by Ordinance 113262, is amended and recodified as follows:

23.45.116 Administrative conditional uses General provisions. 23.45.506 Administrative conditional uses

A. Only those uses identified in this subchapter as conditional uses may be authorized as conditional uses in multifamily zones. The master use permit process shall be used to authorize these uses.

B. Unless otherwise specified in this subchapter, conditional uses shall meet the development standards for uses permitted outright in Subchapter I.

C. The Director may approve, condition or deny a conditional use. The Director's decision shall be based on a determination whether the proposed use meets the criteria for establishing a specific conditional use and whether the use will be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

D. In authorizing a conditional use, the Director may mitigate adverse negative impacts by imposing requirements and conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

E. The Director shall issue written findings of fact and conclusions to support the Director's decision.

F. Any authorized conditional use which has been discontinued shall not be reestablished or recommenced except pursuant to a new conditional use permit. The following shall constitute conclusive evidence that the conditional use has been discontinued:

1. A permit to change the use of the property has been issued and the new use has been established; or

2. The property has not been devoted to the authorized conditional use for more than twenty-four (24) consecutive months.

Property which is vacant, except for dead storage of materials or equipment of the conditional use, shall not be considered as being devoted to the authorized conditional use. The expiration of licenses necessary for the conditional use shall be evidence that the property is not being devoted to the conditional use. A conditional use in a multifamily structure or a multi-tenant commercial structure shall not be considered as discontinued unless all units are either vacant or devoted to another use.

A. Uses permitted as administrative conditional uses in Table A for 23.45.504, may be permitted by the Director when the provisions of Section 23.42.042 and this section are met.

1. Institutions other than public schools not meeting the development standards of 23.45.546, Institutions, and Major Institution uses as provided in Chapter 23.69, Major Institution Overlay District, may be permitted subject to the following:

a. 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.

b. Dispersion Criteria. An institution that does not meet the dispersion criteria of Section 23.45.546 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.

c. 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.

d. 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.

2. A use not otherwise permitted in the zone within a structure designated as a landmark pursuant to the SMC, Chapter 25.12, Landmark Preservation Ordinance, may be permitted subject to the following:

a. The use is compatible with the existing design and/or construction of the structure without significant alteration; and

b. Uses permitted by the zone are impractical because of structure design and/or that no permitted use can provide adequate financial support necessary to sustain the structure in reasonably good physical condition.

3. Park and ride or park and pool lots may be permitted subject to the following:

a. The park-and-ride or pool lot must have direct vehicular access to a designated arterial improved to City standards.

b. If the proposed park-and-ride or pool lot is located on a lot containing accessory parking for other uses, there must be no substantial conflict in the principal operating hours of the park-and-ride or pool lot and other uses on the lot.

c. The Director may require landscaping and screening in addition to that required for surface parking areas, noise mitigation, vehicular access control, signage restrictions, and other measures to provide comfort and safety for pedestrians and bicyclists and to help ensure the compatibility of the park-and-ride or pool lot with the surrounding area.

Section 34. Section 23.45.005 of the Seattle Municipal Code, relating to standards for single family structures in multifamily zones, which section was last amended by Ordinance 119239, is repealed.

Section 35. Section 23.45.006 of the Seattle Municipal Code, which section was last amended by Ordinance 120293, is amended and recodified as follows:

23.45.006 General development standards for structures in multifamily zones.

23.45.508 General provisions

A. Included within Sections 23.45.006 through 23.45.166 are the development standards for structures in each multifamily zone. These standards shall also apply to uses accessory to multifamily structures unless specifically modified by development standards for those accessory uses.

B. All structures or uses shall be built or established on a lot or lots. More than one (1) principal structure or use on a lot shall be permitted.

C. The development standards of each zone shall be applied in that zone, and may not be used in any other zone, unless otherwise specified.

D. An exception from one (1) specific standard does not relieve the applicant from compliance with any other standard.

E. Methods for measurements are provided in Chapter 23.86. Requirements for streets, alleys and easements are provided in Chapter 23.53. Standards for parking access and design are provided in Chapter 23.54. Standards for permitted signs are provided in Chapter 23.55.

F. In Lowrise 1 zones all multifamily structures shall be ground-related units, except that apartments are permitted on a lot whose platted width as of the effective date of the ordinance codified in this section1 is less than forty (40) feet, or in a structure existing as of January 26, 1990 where density limits of the zone would not be exceeded and new floor area would not be added. The requirements of this subsection shall not be eligible for a variance according to the provisions of Section 23.40.020.

G. A structure occupied by a permitted use other than single-family or multifamily residential use may be partially or wholly converted to single-family or multifamily residential use even if the structure does not conform to the development standards for residential uses in the multifamily zones. One (1) unit may be added without a parking space according to provisions of Section 23.54.020. If the only use of the structure will be residential and if two (2) or more units are being created and there is no feasible way to provide the required parking, then the Director may authorize reduction or waiver of parking as a special exception according to the standards of Section 23.54.020 E. Expansions of nonconforming converted structures and conversions of structures occupied by nonconforming uses shall be regulated by Sections 23.42.108 and 23.42.110.

H. When a subdivision is proposed for townhouses, cottage housing, clustered housing, or single-family residences in Lowrise zones, the subdivision shall be subject to the provisions of Section 23.24.045, Unit lot subdivisions.

I. When construction of townhouses, cottage housing, clustered housing, or single-family residences in Lowrise zones is proposed on a series of adjoining legally platted lots where each dwelling unit is contained within the existing boundaries of each existing lot, these lots may be sold as separate legal sites without unit subdivision approval but subject to the provisions of Section 23.24.045, Unit lot subdivisions.

J. Except as provided in subsections H and I above, multifamily zoned lots that have no street frontage shall be subject to the following for purposes of structure width, depth, modulation and setbacks:

1. For lots that have only one (1) alley lot line, the alley lot line shall be treated as a front lot line.

2. For lots that have more than one (1) alley lot line, only one (1) alley lot line shall be treated as a front lot line.

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 fifty (50) percent of the width of the lot.

K. Solid Waste and Recyclable Materials Storage Space.

1. Storage space for solid waste and recyclable materials containers shall be provided for all new 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.

Multifamily Structure Minimum Area for Storage Container Type Size Space

7-15 units 75 square feet Rear-loading containers

16-25 units 100 square feet Rear-loading containers

26-50 units 150 square feet Front-loading containers

51-100 units 200 square feet Front-loading containers

More than 100 units 200 square feet plus 2 Front-loading containers square feet for each additional unit 2. The design of the storage space shall meet the following requirements:

a. The storage space shall have no minimum dimension (width and depth) less than six (6) feet;

b. The floor of the storage space shall be level and hard-surfaced (garbage or recycling compactors require a concrete surface); and

c. If located outdoors, the storage space shall be screened from public view and designed to minimize any light and glare impacts.

3. The location of the storage space shall meet the following requirements:

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;

b. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure;

c. The storage space shall not block or impede any fire exits, public rights-of-ways or any pedestrian or vehicular access; and

d. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments.

4. Access to the storage space for occupants and service providers shall meet the following requirements:

a. For rear-loading containers (usually two (2) cubic yards or smaller):

(1) Any proposed ramps to the storage space shall be of six (6) percent slope or less, and

(2) Any proposed gates or access routes shall be a minimum of six (6) feet wide; and

b. For front-loading containers (usually larger than two (2) cubic yards):

(1) Direct access shall be provided from the alley or street to the containers,

(2) Any proposed gates or access routes shall be a minimum of ten (10) feet wide, and

(3) When accessed directly by a collection vehicle into a structure, a twenty-one (21) foot overhead clearance shall be provided.

5. The solid waste and recyclable materials storage space specifications required in subsections K1, 2, 3, and 4 of this section, in addition to the number and sizes of containers, shall be included on the plans submitted with the permit application.

6. The Director, in consultation with the Director of Seattle Public Utilities, shall have the discretion to modify the requirements of subsections K1, 2, 3, and 4 of this section under the following circumstances:

a. When the applicant can demonstrate difficulty in meeting any of the requirements of subsections K1, 2, 3, and 4; or

b. When the applicant proposes to expand a multifamily building, and the requirements of subsections K1, 2, 3, and 4 conflict with opportunities to increase residential densities; and

c. When the applicant proposes alternative, workable measures that meet the intent of this section.

A. Uses. A structure occupied by a permitted use other than single family or multifamily residential use may be partially or wholly converted to single family or multifamily residential use even if the structure does not conform to the development standards for residential uses in multifamily zones.

B. Off street parking shall be provided as required in Section 23.54.015, except that one residential unit may be added without a parking space pursuant to Chapter 23.54.020A.

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.

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 signs are provided in Chapter 23.55.

E. Development standards.

1. For purposes of structure width, depth, and setbacks, multifamily zoned lots that have no street frontage are subject to the following:

a. For lots that have only one alley lot line, the alley lot line may be treated as a front lot line.

b. For lots that have more than one alley lot line, only one alley lot line may be treated as a front lot line.

c. 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.

2. Proposed uses in all multifamily zones are subject to the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

3. All development standards applicable to MR zones, except maximum height, also apply in the MR/85 zone.

Section 36. Section 23.45.007 of the Seattle Municipal Code, relating to providing a citation for transportation concurrency standards, which section was enacted by Ordinance 117383, is repealed.

Proposed uses in lowrise, midrise, and highrise multifamily zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

Section 37. A new Section 23.45.510 of the Seattle Municipal Code, is adopted to read as follows:

23.45.510 Floor area ratio (FAR)

A. Floor area ratio (FAR) limits apply to all structures and lots in all multifamily zones as shown in Table A for 23.45.510.

1. All gross floor area not exempt under subsection B counts toward the maximum gross floor area allowed under the permitted FAR.

2. When there is more than one structure on a lot, the applicable FAR limit is calculated for all structures on the lot, subject to subsection A3.

3. When 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. The gross floor area allowed by the permitted floor area may be consolidated on the portion of the lot where the higher density is permitted.

Table A for 23.45.510, Floor Area Ratios LDT L1 L2 L3 L4 MR HR Base FAR 1.0 1.1 1.2 1.4 2.0 3.2 7.0 Maximum FAR, allowed pursuant to 23.58A & 23.45A.516 1.0 1.1 1.2 2.0 2.0 4.0 13

B. The following floor area is exempt from calculation of gross floor area subject to FAR limits:

1. All stories or portions of stories that are completely below existing and/or finished grade, whichever is lower, except as provided in subsection 2;

2. To encourage parking within a structure below grade and to reduce the amount of lot area dedicated to surface parking, portions of a structure occupied by parking that extends no more than 4 feet above existing or finished grade whichever is lower, see Exhibit A for 23.45.510; and

Exhibit A for 23.45.510A, Parking Area Exempt from FAR

3. Structures built prior to 1982 as single family residences that will remain in residential use.

Section 38. Section 23.45.008 of the Seattle Municipal Code, which section was last amended by Ordinance 122235, is amended and recodified as follows:

23.45.008 Density Lowrise zones. 23.45.512 Density limits

A. There shall be a minimum lot area per dwelling unit except as provided in subsections B, C and F of this section, as follows:

Lowrise Duplex/ - One (1) dwelling unit per two thousand (2,000) Triplex square feet of lot area.

Lowrise 1 - One (1) dwelling unit per one thousand six hundred (1,600) square feet of lot area.

Lowrise 2 - One (1) dwelling unit per one thousand two hundred (1,200) square feet of lot area.

Lowrise 3 - One (1) dwelling unit per eight hundred (800) square feet of lot area.

Lowrise 4 - One (1) dwelling unit per six hundred (600) square feet of lot area.

B. 1. In Lowrise 3 and Lowrise 4 zones, low-income disabled multifamily structures, low-income elderly multifamily structures and low-income elderly/low-income disabled multifamily structures, operated by a public agency or a private nonprofit corporation, shall have a maximum density as follows:

Lowrise 3 - One (1) dwelling unit per five hundred fifty (550) square feet of lot area. Lowrise 4 - One (1) dwelling unit per four hundred (400) square feet of lot area.

2. In order to qualify for the density provisions of this subsection B, a majority of the dwelling units of the structure shall be designed for and dedicated to tenancies of at least three (3) months.

3. The dwelling units shall remain as a low-income disabled multifamily structure, low-income elderly multifamily structure, or low-income elderly/low-income disabled multifamily structure for the life of the structure.

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.

D. In Lowrise Duplex/Triplex zones no structure shall contain more than three (3) dwelling units.

E. When dedication of right-of-way is required, permitted density shall be calculated before the dedication is made.

F. Adding Units to Existing Structures in Multifamily zones.

1. In all multifamily zones, one additional dwelling unit may be added to an existing multifamily structure regardless of the density restrictions in subsections A, B and C above. This provision shall only apply when the proposed unit is to be located entirely within an existing structure.

2. For the purposes of this subsection "existing structures" shall be those structures or portions of structures that were established under permit, or for which a permit has been granted and has not expired as of October 31, 2001.

A. The maximum number of dwelling units permitted in the LDT, L1 and L2 zones is determined according to Table A for 23.45.512.

Table A for 23.45.512, Density Limits (LDT, L1 & L2)

LDT L1 L2 Density Limit (number of 1 unit/2,000 1 unit/1,600 1 unit/1,200 dwelling units permitted square feet square feet square feet per lot area in square feet)

B. When calculating permitted density, if that number is greater than one, fractions of 0.5 or greater may be rounded up to the next whole number not withstanding the provisions of subsection 23.86.002B3.

C. In LDT zones no structure may contain more than three dwelling units, except as permitted in subsections D and E.

D. Dwelling units in structures built prior to 1982 as single family residences that will remain in residential use are exempt from density limits and subsection C.

E. Adding a Dwelling Unit to Existing Structures.

1. In the LDT, L1 and L2 zones, one additional dwelling unit may be added to an existing multifamily structure regardless of applicable density limits when the dwelling unit is located entirely within an existing structure and no additional floor area has been proposed to be added to the existing structure.

2. For the purposes of this subsection, "existing structures" are those structures or portions of structures that were established under permit, or for which a permit has been granted and has not expired, as of October 31, 2001.

3. Parking and residential amenity requirements do not apply to dwelling units added under this subsection.

Section 39. Section 23.45.009 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended and recodified as follows:

23.45.009 Structure height Lowrise zones. 23.45.514 Structure height

A. Maximum Height. The maximum height permitted for all structures, except for cottage housing developments, shall be as follows:

Lowrise Duplex/Triplex Twenty-five (25) feet Lowrise 1 Twenty-five (25) feet Lowrise 2 Twenty-five (25) feet Lowrise 3 Thirty (30) feet Lowrise 4 Thirty-seven (37) feet

B. Cottage Housing Height. The maximum height permitted for structures in cottage housing developments shall be eighteen (18) feet.

C. Pitched Roofs.

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.)

Exhibit 23.45.009.A

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.

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.)

Exhibit 23.45.009 B

4. No portion of a shed roof shall be permitted to extend beyond the maximum height limit under this provision.

D. Rooftop Features.

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 fifty (50) percent of their height above existing grade or, if attached only to the roof, no closer than fifty (50) percent of their height above the roof portion where attached, to any adjoining lot line.

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 four (4) feet above the maximum height limit set in subsection A of this section. For cottage housing developments, these rooftop features may extend four (4) feet above the eighteen (18) foot height limit.

3. For cottage housing developments, chimneys may exceed the height limit by four (4) feet or may extend four (4) feet above the ridge of a pitched roof.

4. Except in cottage housing developments, the following rooftop features may extend ten (10) feet above the maximum height limit established in subsection A so 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;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least five (5) feet from the roof edge;

d. Chimneys;

e. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.

5. For height exceptions for solar collectors, see Section 23.45.146, Solar collectors.

6. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection D6 at least ten (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:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Chapter 23.57.011;

f. Nonfirewall parapets;

g. Play equipment.

7. For height limits and exceptions for communication utilities and devices, Section 23.57.011.

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.

A. Maximum structure heights permitted in multifamily zones are as shown in Table A for 23.45.514 subject to the additions and exemptions allowed as set forth in this section. The maximum height for accessory structures is 12 feet.

Table A for 23.45.514, Structure Height

LDT, L1 L3 L4 MR MR/85 HR and L2

Base 25' 30' 37' 60' 85' 160' height limit

Maximum N.A. 37' N.A. 75' N.A. 240' or height permitted 300' when meeting the provisions of 23.58 & 23.45.016.

B. An additional 10 feet of height in LDT, L1 and L2 zones and 5 feet of height in L3 and L4 zones is permitted for a pitched roof above the base or maximum height limit when all parts of the roof above the applicable height limit have a minimum slope of six to twelve (6:12) and:

1. No portion of a shed or butterfly roof is permitted to extend beyond the base or maximum height limit under this provision;

2. Roof forms including but not limited to barreled and domed roofs may be allowed under this subsection if the Director determines that the roof form is in keeping with the massing of a pitched roof form such as a gable or gambrel roof that would otherwise be allowed by this subsection;

3. Rooftop features are permitted pursuant to subsection F in addition to the height allowance of this subsection B.

C. Sloped Lots in all L and MR Zones. Additional height is permitted for sloped lots, at the rate of 1 foot for each 6 percent of slope, to a maximum 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.

Exhibit A for 23.45.514, Sloped Lot Height Allowance

D. Roofs enclosed by a parapet. To promote adequate drainage, portions of a roof that are completely surrounded by a parapet may exceed the height limit to allow for a pitch, provided that the highest point of the pitch does not exceed 75 percent of the height of the parapet. See Exhibit B for 23.45.514.

Exhibit B for 23.45.514, Height Allowance for Pitched Roofs Concealed by a Parapet

E. Green roofs. For any structure that has a green roof, meeting the provisions of 23.45.524, with a minimum rooftop coverage of 50 percent, up to 24 inches of additional height above the height limit is allowed to accommodate structural requirements, roofing membranes and soil. See Exhibit C for 23.45.514.

Exhibit C for 23.45.514, Green Roof Height Allowance

F. Rooftop features in all multifamily zones.

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.

2. Projections that accommodate windows and result in additional interior space, including dormers (see Exhibit D for 23.45.514), clerestories, skylights, and greenhouses, may extend to the ridge of a pitched roof permitted pursuant to subsection B, or 4 feet above the applicable height limit pursuant to subsection A, whichever is higher, if all of the following conditions are satisfied:

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

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

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

3. Open railings, planters, parapets and firewalls may extend to the height of the ridge of a pitched roof permitted pursuant to subsection B, or 4 feet above the applicable height limit pursuant to subsection A, whichever is higher.

Exhibit D for 23.45.514, Permitted Projections for Dormers

4. The following rooftop features may extend 10 feet, or such other amount as set forth in this subsection, above the applicable height limit or the height of the structure, whichever is less, pursuant to subsection A, if the combined total coverage of all features does not exceed 20 percent of the roof area and the mechanical equipment is screened:

a. Mechanical equipment;

b. Play equipment and open-mesh fencing enclosing it, so long as the fencing is at least 5 feet from each roof edge;

c. Chimneys;

d. Wind-driven power generators, which are exempt from the roof area limitation;

e. Covered or enclosed common residential amenity area provided on the rooftops of structures in the HR zone, except that coverage of the roof area is permitted up to 55 percent.

5. Stair and elevator penthouses may extend above the applicable height limit up to 16 feet in L and MR zones, and up to 25 feet in HR zones, to accommodate mechanical equipment, subject to administrative design review approval pursuant to Section 23.41.

6. For height exceptions for solar collectors, see Section 23.45.538, Standards for certain accessory uses.

7. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection F7 at least 10 feet from the north edge of the roof or provide shadow diagrams to demonstrate that the proposed location of such features would not shade neighboring properties more than the bulk of the otherwise permitted structure(s):

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Non-firewall parapets;

f. Play equipment.

8. For height limits and exceptions for minor communication utilities and accessory communication devices, see Section 23.57.011.

Section 40. A new Section 23.45.516 of the Seattle Municipal Code, is adopted to read as follows:

23.45.516 Additional height and extra floor area

A. General. Additional height, above the base height limit, or extra floor area, or both, may be permitted up to the maximum limits allowed by Sections 23.45.510 and 23.45.514, according to the provisions of this section, Section 23.45.526 and Chapter 23.58A. "Extra floor area" is the amount of chargeable floor area in excess of the lesser of (a) the base FAR, or (b) the total chargeable floor area of stories located entirely below the maximum height that would be allowed if the structure did not qualify for additional height under this section.

B. Eligible lots. The following lots are eligible for additional height and extra floor area:

1. Lots in L3 zones in urban villages, urban centers or within the Station Area Overlay District, except: (a) lots that are located in the Admiral, Eastlake, Lake City, Morgan Junction, Upper Queen Anne, or Wallingford Urban Villages; or (b) portions of lots that are within 50 feet of a lot line of an abutting single family zoned lot are eligible for extra floor area but are not eligible for additional height;

2. Lots in MR zones in urban villages, urban centers and the Station Area Overlay District; and

3. Lots in HR zones.

C. Highrise Zones.

1. Extra Floor Area. In HR zones extra floor area may be gained in accordance with Chapter 23.58A. Up to 40 percent of extra floor area may be gained by one or any combination of: (a) transfer of development potential; (b) providing neighborhood open space or a payment in lieu thereof; (c) providing a green street setback where those options are available pursuant to subsection F, all in accordance with this section and Chapter 23.58A.

2. Structure Height.

a. Structures up to 240 feet. The applicable height limit in an HR zone under subsection 23.45.514A is 240 feet if the applicant satisfies the conditions for extra floor area but not all of the conditions in subsection C2b of this section are met.

b. Structures over 240 feet. The applicable height limit in an HR zone under subsection 23.45.514A is 300 feet if the applicant satisfies the conditions for extra floor area and the following additional conditions are met:

(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

(2) No parking is located at or above grade, unless it is separated from all street lot lines by another use; and

(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 23.45.524.

c. Additional height above the applicable height limit of 300 feet. A structure may exceed the applicable height limit of 300 feet either (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. In either case the area bounded by the facades may be occupied only by those uses or features otherwise permitted in 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 a height of 300 feet shall not apply. Height exceptions permitted for screening and rooftop features under 23.45.514F shall not be permitted above the height gained by a structure under this provision.

D. Transfer of development potential (TDP) from Landmark Structures and Open Space.

1. Sending lots. Lots eligible as Landmark TDP sending sites and Open space TDP sending sites must be located in a MR or HR zone located in the First Hill Urban Center Village, and are subject to the limits and conditions in this chapter and Chapter 23.58A.

2. Receiving lots. Any lot located in a HR zone within the First Hill Urban Center Village which allows additional FAR according to the provisions of this section is eligible to receive TDP from an eligible sending lot, and subject to the limits and conditions in this Chapter and Chapter 23.58A.

E. Combined lot development. When authorized by the Director pursuant to this section, lots located on the same block in an HR zone may be combined, whether contiguous or not, solely for the purpose of allowing some or all of the capacity for chargeable floor area on one or more such lots under this chapter to be used on one or more other lots, according to the provisions of this subsection E.

1. Up to all of the capacity on one lot, referred to in this subsection E as the "base lot," for chargeable floor area in addition to the base FAR, pursuant to Section 23.45.510 (referred to in this subsection E as "bonus capacity"), may be used on one or more other lots, subject to compliance with all conditions to obtaining extra floor area, pursuant to Chapter 23.58A, as modified in this section. For purposes of applying any conditions related to amenities or features provided on site under Section 23.45.516 only the lot or lots on which such bonus capacity is used are considered to be the lot or site using a bonus. Criteria for use of extra floor area that apply to the structure or structures shall be applied only to the structure(s) on the lots using the transferred bonus capacity. For purposes of the condition to height above 240 feet in subsection C2b3 of this section, all lots in a combined lot development are considered as one lot.

2. Only if all of the bonus capacity on all lots in a combined lot development is used on fewer than all of those lots, there may be transferred from a base lot where no bonus capacity is used, to one or more other lots in the combined lot development, up to all of the unused base FAR on the base lot, without regard to limits on the transfer or on use of TDP in Chapter 23.58A. Such transfer shall be treated as a transfer of TDP for purposes of determining remaining development capacity on the base lot and TDP available to transfer under Chapter 23.58A, but shall be treated as additional base FAR on the other lots, and, to the extent that, together with other base floor area, it does not exceed the amount of chargeable floor area below the base height limit on the lot where it is used, it shall not be treated as extra floor area. If less than all of the bonus capacity of the base lot is used on such other lots, and if the base lot qualifies as a sending lot for TDP, the unused base FAR may be transferred as TDP to the extent permitted by Chapter 23.58A and this section, but in each case only to satisfy in part the conditions to extra floor area, not as additional base FAR.

3. To the extent permitted by the Director, the maximum chargeable floor area for any one or more lots in the combined lot development may be increased up to the combined maximum chargeable floor area under Section 23.45.510 computed for all lots participating in the combined lot development, provided that the maximum chargeable floor area on one or more other lots in the combined lot development is correspondingly reduced. To the extent permitted by the Director, and subject to subsection E2 of this section, the base floor area for any one or more lots in the combined lot development may be increased up to the combined base chargeable floor area under Section 23.45.510 computed for all lots participating in the combined lot development, provided that the base floor area on one or more other lots in the combined lot development is correspondingly reduced.

4. The Director shall allow a combined lot development only to the extent that the Director determines, in a Type I land use decision, that permitting more chargeable floor area than would otherwise be allowed on a lot or lots and the corresponding reduction on another lot or lots will result in a significant public benefit through one of more of the following:

a. preservation of a landmark structure located on the block or on an adjacent block either through the inclusion of the lot with the landmark structure as a base lot in the combined lot development or through the transfer of TDP from the lot with the landmark structure to a lot in the combined lot development;

b. inclusion on the same block of a structure in which low-income housing is provided to satisfy all or part of the conditions to extra residential floor area; and/or

c. provision of open space on the same block to satisfy in part the conditions to extra residential floor area.

5. The fee owners of each of the combined lots shall execute an appropriate agreement or instrument, which shall include the legal descriptions of each lot and shall be recorded in the King County real property records. In the agreement or instrument, the owners shall acknowledge the extent to which development capacity on each base lot is reduced by the use of such capacity on another lot or lots, at least for so long as the chargeable floor area for which such capacity is used remains on such other lot or lots. The agreement or instrument shall also provide that its covenants and conditions shall run with the land and shall be specifically enforceable by the parties and by the City of Seattle.

6. Nothing in this subsection E shall allow the development on any lot in a combined lot development to exceed or deviate from height limits or other development standards.

F. Green Street Setback. Floor area may be gained for a green street setback according to the provisions of 23.58A by development on lots abutting one of the following streets or street segments within the First Hill Urban Village, as shown on Map A for 23.45.516, if the Director has approved a green street plan for that street or segment and determines that the improvements proposed by the applicant will substantially contribute to the implementation of such plan:

1. 8th Avenue, between Madison Street and James Street;

2. Terry Avenue, between Pike Street and James Street;

3. University Street from 9th Avenue to Boylston Avenue; or

4. Spring Street from Boren Avenue to Harvard Avenue.

G. Neighborhood open space. Floor area may be gained by development that provides for neighborhood open space according to the provisions of 23.58A.

Section 41. Section 23.45.011 of the Seattle Municipal Code, relating to structure width and depth in Lowrise zones, which section was last amended by Ordinance 114888, is repealed.

Section 42. Section 23.45.012 of the Seattle Municipal Code, relating to modulation requirements in Lowrise zones, which section was last amended by Ordinance 120117, is repealed.

Section 43. Section 23.45.014 of the Seattle Municipal Code, which section was last amended by Ordinance 122050, is amended and recodified as follows:

23.45.014 Setback requirements Lowrise zones.

23.45.518 Setbacks

A. Front Setback.

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:

Lowrise Duplex/Triplex In no case shall the setback be less than five (5) feet and it shall not be required to exceed twenty (20) feet.

Lowrise 1, Lowrise 2 and Lowrise 3 In no case shall the setback be less than five (5) feet and it shall not be required to exceed fifteen (15) feet.

Lowrise 4 In no case shall the setback be less than five (5) feet and it shall not be required to exceed twenty (20) feet.

2. Cottage Housing Developments. The required front setback shall be a minimum of ten (10) feet.

3. Townhouses.

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.

b. No portion of a structure shall be closer to the front property line than five (5) feet.

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.

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.

B. Rear Setbacks. Rear setbacks shall be provided as follows:

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.

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.

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.

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.

C. Side Setbacks.

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:

TABLE 23.45.014 A Side Setbacks Lowrise Zones

Height of Side Facade at Highest Point in Feet

0-25' 26-30' 31-37'

Structure Average Side Setback in Feet Minimum Side Depth in Feet Setback

65 or less 5 6 7 5'

66 to 80 6 6 8 5'

81 to 100 8 9 11 6'

101 to 120 11 12 14 7'

121 to 140 14 15 17 7'

141 to 160 17 18 20 8'

161 to 180 19 21 23 8'

Greater than 1' in 180 addition to 8' for every 50' in depth

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:

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.

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.

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.

D. Required Setbacks for Cluster Developments.

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.

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:

Table 23.45.014 C Required Setback Between Facing Facades Lowrise Zones

Length of Facing Average Setback Minimum Setback (in Facades, in Feet Between Facing feet) Facades (in Feet)

40 or less 10 10

41 to 60 15 10

61 to 80 20 10

81 to 100 25 10

101 to 150 30 10

151 or more 40 10

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:

a. One (1) elevated walkway shall be permitted to connect any two (2) structures in the development;

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;

c. All elevated walkways shall meet the following standards:

(1) The roof planes of elevated walkways shall be at different levels than the roofs or parapets of connected structures.

(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.

(3) The design of the walkways and the materials used shall seek to achieve a sense of openness and transparency.

(4) Elevated walkways shall add to the effect of modulation rather than detract from it.

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.

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.

F. Projections into Required Setbacks.

1. Special Features of a Structure.

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.

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.

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.

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.

2. Unenclosed Decks and Balconies.

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.

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.

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.

d. All permitted projections into required front and rear setbacks shall begin a minimum of eight (8) feet above finished grade.

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.

G. Structures in Required Setbacks.

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.)

Exhibit 23.45.014A

All such accessory structures, including garages, shall be no greater than twelve (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 twelve (12) feet.

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.

3. Uncovered, unenclosed pedestrian bridges, necessary for access and less than five (5) feet in width, are permitted in required front, side and rear setbacks.

4. Fences, Freestanding Walls, Bulkheads, Signs and Other Similar Structures.

a. Fences, freestanding walls, signs and other similar structures six (6) feet or less in height above existing or finished grade whichever is lower, are permitted in required front, side, or rear setbacks. The six (6) foot height may be averaged above 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 G4a above, according to the following:

i. No part of the structure may exceed eight (8) feet;

ii. 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.

5. Decks no more than eighteen (18) inches above existing or finished grade, whichever is lower, may project into required setbacks.

6. Underground structures are permitted in all setbacks.

7. Solar collectors are permitted in required setbacks, subject to the provisions of Section 23.45.146, Solar collectors.

8. Arbors. Arbors may be permitted in required setbacks under the following conditions:

a. In each required setback, 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 setback 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.

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.

A. Lowrise Zones.

1. For Lowrise zoned lots, the required setback from all property lines is an average of 7 feet and in no case less than 5 feet, except as provided in this section.

2. The required side setback for facades no longer than 40 feet is 5 feet.

3. When a Lowrise zoned lot abuts a single family zoned lot, or is directly across a street or alley from a single family zoned lot, a front or rear setback for structures on the lot is required as provided in Table A 23.45.518, see also Exhibit A for 23.45.518.

Table A for 23.45.518, Lowrise Zone Transition Setbacks

Zones

Setback LDT and L1 L2, L3 and L4

Front The average* of the The average* of the setback of the setback of the nearest principal structure(s) on either nearest principal side, but not more than fifteen feet structure(s) on (15') or less than five feet (5'). either side, but not more than 20 feet or less than 5 feet.

Rear 20 feet or 20 percent 25 feet or 15 percent of lot depth, of lot depth, whichever is less, but not less than 15 whichever is less, feet from rear lot line that does not but not less than 15 abut an alley; or 10 feet from rear lot feet.** line abutting an alley.**

* For averaging purposes, structures may be in any zone.

** When a lot abuts an alley along a rear lot line, the centerline of the alley between the side lot lines extended is used as the rear lot line for purposes of measuring the rear setback; provided that at no point may the principal structure be closer than 10 feet to the property line at the alley.

Exhibit A for 23.45.518, Lowrise Zone Transition Setbacks 3 examples

Exhibit A for 23.45.518, Lowrise Zone Transition Setbacks 3 examples

Exhibit A for 23.45.518, Lowrise Zone Transition Setbacks 3 examples

4. When a street separating a lowrise zoned lot from a single-family zoned lot is a major arterial as designated by the Seattle Department of Transportation or is a right-of-way under state jurisdiction, the required setback from the street property line is an average of 7 feet and in no case less than 5 feet.

B. MR Zones. Minimum setbacks for the MR zone are shown in Table B for 23.45.518, except as provided in subsection 23.45.508E.

Front and side setback An average setback of 7 feet and a minimum from lot lines abutting a setback of 5 feet. street May reduce to 0 when a courtyard is provided abutting the street (see Exhibit B for 23.45.518) with: a) a minimum width equal to 30 percent of the width of the abutting street frontage or 20 feet, whichever is greater; and b) a minimum depth of 20 feet measured from the abutting street lot line.

Rear setback 15 feet from rear lot line that does not abut an alley; or 10 feet from rear lot line abutting an alley.

Side setback from For portions of a structure: interior lot line Between 0 and 37 feet in height: 7 feet average setback; 5 feet minimum setback. Above 37 feet in height: 10 feet average setback; 7 feet minimum setback. Exhibit B for 23.45.518, MR Courtyard Example

C. HR Zones. Minimum setbacks for HR zones are shown in Table C for 23.45.518, except as provided in subsection 23.45.508E.

Table C for 23.45.518, HR Setbacks (see also Exhibit C for 23.45.518)

Setbacks for structures eighty-five feet in height or less

Structures 85 feet in height or less are subject to the setback provisions of the MR zone.

Setbacks for structures greater than eighty-five feet in height

Front and For portions of a structure: side setback * Between 0 and 45 feet in height: 7 feet average setback; 5 from lot feet minimum setback, except that the setback may be reduced lines to 0 for frontages occupied by street level uses or townhouse abutting a units accessible from the street; street * Above 45 feet to 85 feet in height: 10 feet average setback; 7 feet minimum setback; and * Above 85 feet in height: 15 feet average setback; 7 feet minimum setback.

Side setback For portions of a structure: from * Between 0 to 45 feet in height: 7 feet average setback, 5 interior feet minimum setback, except that the setback may be reduced lot lines to 0 for portions abutting an existing structure built to the abutting property line; * Above 45 feet to 85 feet in height: 15 feet average setback; 10 feet minimum setback; and * Above 85 feet in height: 20 feet minimum setback.

Rear setback Rear lot line abuts an alley

For portions of a structure: * Between 0 to 45 feet in height: 0 setback; * Above 45 feet to 85 feet in height: 10 feet minimum setback; and * Above 85 feet in height: 15 feet average setback; 10 feet minimum setback.

Rear lot line does not abut an alley

For portions of a structure: * Between 0 to 45 feet in height: 5 feet minimum setback; * Above 45 feet to 85 feet in height: 15 feet minimum setback; and * Above 85 feet in height: 20 feet minimum setback.

Exhibit C for 23.45.518, HR Setbacks

D. Through Lots. On a through lot, each setback abutting a street, except a side setback, is considered a front setback. Rear setback requirements do not apply to through lots.

E. Other Requirements. Additional structure setbacks may be required in order to meet the provisions of Chapter 23.53, Requirements for Streets, Alleys and Easements.

F. Separations between multiple structures.

1. Lowrise and MR zones.

a. Where two or more principal structures are located on a lot, the minimum separation between the structures at any two points on different interior facades is 10 feet, except as follows:

(1) When the structures are separated by a driveway or parking aisle the minimum separation 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 separation is not required to be any greater than 24 feet to accommodate a parking aisle.

(2) Enclosed floor area of a structure may extend a maximum of 3 feet over driveways and parking aisles, subject to this subsection; and

b. Architectural or structural features and unenclosed decks up to 18 inches above existing or finished grade, whichever is lower, may project into the required separation between structures under subsection G1a, pursuant to subsection H.

2. 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 D for 23.45.518.

Table D for 23.45.518, HR Facade Separation for Structures on the Same Lot

Height Range Minimum separation required between interior facades 0 to 85 feet no minimum Above 85 feet up to 160 feet 30 feet Above 160 feet 40 feet

G. Projections into required setbacks and separations.

1. Cornices, eaves, gutters, roofs and other forms of weather protection may project into required setbacks and separations a maximum of 2 feet if they are no closer than 3 feet to any lot line, except as provided in subsection 4.

2. Garden windows and other features that do not provide floor area may project 18 inches into required setbacks and separations if they are:

a. a minimum of 30 inches above the finished floor;

b. no more than 6 feet in height and 8 feet wide; and

c. combined with bay windows and other features with floor area, make up no more than 30 percent of the area of the facade.

3. Bay windows and other features with floor area may project a maximum of 18 inches into required setbacks and separations if they are:

a. no closer than 5 feet to any lot line;

b. no more than 10 feet in width; and

c. combined with garden windows, make up no more than 30 percent of the area of the facade.

4. Unenclosed decks and balconies may project a maximum of 4 feet into required setbacks or separations if they are:

a. no closer than 5 feet to any lot line; and

b. no more than 20 feet wide and are separated from other balconies by a distance equal to at least 1/2 the width of the projection.

5. 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.

6. Unenclosed porches or steps.

a. When setbacks are required pursuant to subsection A1, unenclosed porches or steps no higher than 4 feet above existing grade may extend to within 4 feet of a street lot line, except that portions of entry stairs or stoops not more than 30 inches 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 D for 23.45.518.

Exhibit D for 23.45.518

b. When transition setbacks are required pursuant to subsection A3, unenclosed porches or steps may extend a maximum of 6 feet into the required front or rear setback, provided that they are no closer than 5 feet to the front, rear or side lot lines.

c. Permitted porches may be covered, provided no portion of the cover-structure, including any supports, are closer than 3 feet to any lot line.

7. Fireplaces and chimneys may project 18 inches into required setbacks or separations.

H. Structures in required setbacks or separations.

1. Detached garages, carports, or other accessory structures are subject to the following:

a. A minimum of 5 foot setback is maintained from all property lines; and

b. The accessory structure is no taller than 12 feet in height as measured from existing or finished grade, whichever is lower, except for garages and carports as specified below;

i. garages and carports are limited to 12 feet in height as measured from the facade containing the vehicle entrance; and

ii. 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.

2. Fences, freestanding structures, bulkheads, arbors, signs and other similar structures are permitted in any required setback or separation pursuant to Sections 23.44.014C, and 23.45.530, except that fences in required setbacks facing a street may not exceed 4 feet in height, measured from the elevation of the abutting sidewalk, existing or finished grade whichever is lower, unless provided to screen parking areas, pursuant to subsection 23.45.524.

3. Underground structures are permitted in all setbacks or separations. Enclosed structures entirely below the surface of the earth, at existing or finished grade, whichever is lower, are permitted in all setbacks and separations.

4. Solar collectors are permitted in required setbacks or separations, pursuant to Section 23.45.538.

5. Ramps or other devices necessary for access for the disabled and elderly, that meet the Seattle Building Code, Chapter 11 Accessibility, are permitted in any required setback or separation.

6. Uncovered, unenclosed pedestrian bridges, necessary for access, and less than 5 feet in width, are permitted in any required setback or separation.

7. Structures built as single family residences prior to 1982, that will remain in residential use, are permitted in required setbacks or separations provided nonconformity to setback or separation requirements is not increased.

I. Front and rear setbacks or separations on lots containing environmentally critical areas or buffers may be reduced pursuant to Sections 25.09.280 and 25.09.300.

Section 44. Section 23.45.068 of the Seattle Municipal Code, which section was last amended by Ordinance 110570, is amended and recodified as follows:

23.45.068 Highrise Structure width and depth. 23.45.520 Highrise zone width & depth limits

A. Maximum Width.

1. For facades or portions of facades along the street which are thirty-seven (37) feet in height or less, and which are not modulated according to the standards of Section 23.45.070 B, maximum width shall be thirty (30) feet.

2. For facades or portions of facades along the street which are thirty-seven (37) feet in height or less, and which are modulated according to the standards of Section 23.45.070 B, there shall be no maximum width limit.

3. Facades or portions of facades which begin thirty-seven (37) feet or more above existing grade shall have a maximum width limit of one hundred (100) feet, whether they are modulated or not (Exhibit 23.45.068 A .

B. Maximum Depth.

1. For facades or portions of facades thirty-seven (37) feet or less in height, which are not along a street, there shall be no maximum depth limit.

2. Facades or portions of facades above thirty-seven (37) feet in height shall not exceed one hundred (100) feet in depth (Exhibit 23.45.068 B.

In HR zones, portions of structures above a height of 85 feet are limited to a maximum facade width and depth of 110 feet. These portions of structures must be separated from any other portion of a structure on the lot above 85' feet at all points by the minimum horizontal distance shown on Table D for 23.45.518.

Section 45. Section 23.45.016 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended and recodified as follows:

23.45.016 Open space requirements Lowrise zones.

23.45.522 Residential amenity areas

A. Quantity of Open Space.

1. Lowrise Duplex/Triplex Zones.

a. Single-family Structures. A minimum of six hundred (600) square feet of landscaped area shall be provided, except for cottage housing developments.

b. Cottage Housing Developments. A minimum of four hundred (400) square feet per unit of landscaped area is required. This quantity shall be allotted as follows:

(1) A minimum of two hundred (200) square feet per unit shall be private usable open space; and

(2) A minimum of one hundred fifty (150) square feet per unit shall be provided as common open space.

c. Structures with Two Dwelling Units. At least one (1) unit shall have direct access to a minimum of four hundred (400) square feet of private, usable open space. The second unit shall also have direct access to four hundred (400) square feet of private, usable open space; or six hundred (600) square feet of common open space shall be provided on the lot.

d. Structures with Three Dwelling Units. At least two (2) units shall have direct access to a minimum of four hundred (400) square feet of private, usable open space per unit. The third unit shall have direct access to four hundred (400) square feet of private, usable open space; or six hundred (600) square feet of common open space shall be provided on the lot.

2. Lowrise 1 Zones.

a. Ground-related Housing.

(1) An average of three hundred (300) square feet per unit of private, usable open space, at ground level and directly accessible to each unit, shall be required, except for cottage housing developments. No unit shall have less than two hundred (200) square feet of private, usable open space. When a new unit that is not a ground-related unit is added to an existing structure, common open space at ground level shall be provided for the new unit. As long as the average per unit amount of open space is maintained at three hundred (300) square feet on the lot, a minimum of two hundred (200) square feet of common open space at ground level shall be provided for the unit but it does not have to be directly accessible to the unit.

(2) On lots with slopes of twenty (20) percent or more, decks of the same size as the required ground-level open space may be built over the sloping ground-level open space. In order to qualify for this provision, such decks shall not cover the open space of another unit, nor be above the living space of any unit. Decks may project into setbacks in accordance with subsection F of Section 23.45.014.

b. Apartments. An average of three hundred (300) square feet per unit of common open space, with a minimum of two hundred (200) square feet, shall be provided at ground level, but it does not have to be directly accessible to the unit.

c. Cottage Housing Developments. A minimum of three hundred (300) square feet per unit of landscaped area is required. This quantity shall be allotted as follows:

(1) A minimum of one hundred fifty (150) square feet per unit shall be private, usable open space; and

(2) A minimum of one hundred fifty (150) square feet per unit shall be provided as common open space.

3. Lowrise 2, Lowrise 3 and Lowrise 4 Zones.

a. Ground-related Housing.

(1) In Lowrise 2 and Lowrise 3 zones an average of three hundred (300) square feet per unit of private, usable open space, at ground level and directly accessible to each unit, shall be required. No unit shall have less than two hundred (200) square feet of private, usable open space.

(2) In Lowrise 4 zones a minimum of fifteen (15) percent of lot area, plus two hundred (200) square feet per unit of private usable open space, at ground level and directly accessible to each unit, shall be required.

(3) On lots with slopes of twenty (20) percent or more, decks of the same size as the required ground-level open space may be built over the sloping ground-level open space. In order to qualify for this provision, such decks shall not cover the open space of another unit, nor be above the living space of any unit. Decks may project into setbacks in accordance with subsection F of Section 23.45.014.

b. Apartments.

(1) Lowrise 2 Zones. A minimum of thirty (30) percent of the lot area shall be provided as usable open space at ground level.

(2) Lowrise 3 and Lowrise 4 Zones.

i. A minimum of twenty-five (25) percent of the lot area shall be provided as usable open space at ground level, except as provided in subsection A3b(2)ii.

ii. A maximum of one-third (1/3) of the required open space may be provided above ground in the form of balconies, decks, individual unit decks on roofs or common roof gardens if the total amount of required open space is increased to thirty (30) percent of lot area.

B. Development Standards.

1. Lowrise Duplex/Triplex Zones and Ground-related Housing in Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones.

a. Lowrise Duplex/Triplex Zones-Private Usable Open Space.

(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.

(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.

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.

c. Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones-Ground-related Housing.

(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.

(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.

(3) At least fifty (50) percent of the required open space for a unit shall be level, provided that:

i. The open space may be terraced; and

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.

(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:

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

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.

(5) Lowrise 1 Zone-Cottage Housing Developments.

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.

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.

d. Required open space may be located in the front, sides or rear of the structure.

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.

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.

g. Required private usable open space shall be landscaped according to standards promulgated by the Director for ground-related dwelling units.

2. Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 ZonesApartments.

a. No horizontal dimension for required ground-level open space shall be less than ten (10) feet.

b. Required open space is permitted in the front, sides or rear of the structure.

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.

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.

e. For cluster development, at least twenty (20) percent of the required open space shall be provided in one (1) contiguous area.

f. Terraced Housing on a Slope of Twenty-five (25) Percent or More.

(1) No horizontal dimension for required ground-level open space shall be less than ten (10) feet.

(2) Required open space is permitted in the front, sides or rear of the structure.

(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.

(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.

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.

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.

C. Open Space Relationship to Grade.

1. The elevation of open space for ground-related housing must be within ten (10) feet of the elevation of the dwelling unit it serves. The ten (10) feet shall be measured between the finished floor level of the principal living areas of a dwelling unit and the grade of at least fifty (50) percent of the required open space. Direct access to the open space shall be from at least one (1) habitable room of at least eighty (80) square feet of the principal living areas of the unit. Principal living areas shall not include foyers, entrance areas, closets or storage rooms, hallways, bathrooms or similar rooms alone or in combination.

2. The grade of the open space can either be the existing grade or within eighteen (18) inches of existing grade. The portion of the open space which is within ten (10) feet of the unit shall include the point where the access to the open space from the unit occurs.

3. The elevation of private usable open space for Lowrise Duplex/Triplex structures must be within four (4) feet of the elevation of the dwelling unit it serves. The four (4) feet shall be measured between the finished floor level of the dwelling unit and the grade of at least fifty (50) percent of the required open space. The grade of the open space can either be the existing grade or within eighteen (18) inches of existing grade. The maximum difference in elevation at the point of access shall be four (4) feet.

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.

B. Required residential amenity areas must meet the following conditions, as applicable:

1. All residents must have access to at least one common or private residential amenity area;

2. Residential amenity areas may not be enclosed, except common residential amenity areas in HR zones located on rooftops pursuant to subsection 23.45.514F.

3. Parking areas, 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;

4. Common amenity areas must have a minimum horizontal dimension of at least 10 feet, and no common amenity area can be less than 250 square feet;

5. Private balconies, decks, stoops and porches must have a minimum area of 60 square feet, and no horizontal dimension shall be less than 6 feet.

6. Rooftop areas excluded pursuant to subsection 23.57.012C1d do not qualify as residential amenity areas.

C. No residential amenity area is required for an additional dwelling unit added to an existing multifamily structure pursuant to subsection 23.45.512E.

Section 46. Section 23.45.015 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended and recodified as follows:

23.45.015 Screening and landscaping requirements Lowrise zones.

23.45.524 Landscaping and screening standards

A. Quantity.

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.

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.

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.

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.

5. Exceptions.

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.

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.

B. Development Standards.

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:

a. Along street property lines;

b. Along property lines which abut single-family zoned lots;

c. Along alleys across from single-family zoned lots.

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.

3. Required landscaping shall meet standards promulgated by the Director.

C. Tree Requirements in Landscaped Areas in Lowrise Duplex/Triplex, Lowrise 1, and Lowrise 2 Zones.

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.

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.

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.

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.

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.

A. Landscaping requirements.

1. Standards. All landscaping provided to meet requirements under this section must meet standards promulgated by the Director to provide for the long-term health, viability, and coverage of plantings. The Director may promulgate standards relating, but not limited to, the type and size of plants, number of plants, concentration of plants, depths of soil, use of drought-tolerant plants, and access to light and air for plants.

2. Green Factor Requirement. Landscaping that achieves a Green Factor score of 0.6 or greater is required for any new development in multifamily residential zones.

3. Green Factor Calculation. The Green Factor score for a lot is determined as follows:

a. Multiply the square feet, or equivalent square footage where applicable, of each of the existing and proposed elements listed in Table A for 23.45.524 by the green area multiplier shown for that element, according to the following provisions:

(1) If multiple elements listed on Table A for 23.45.524 occupy an area (for example, groundcover under a tree), the full square footage or equivalent square footage of each element is used to calculate the product for that element.

(2) In rights-of-way adjacent to the lot, landscaping that is provided between the lot line and the roadway may be included, provided that it is approved by the Director of the Department of Transportation.

(3) Elements listed on Table A for 23.45.524 that are provided to satisfy any requirements of this chapter may be included.

(4) For trees, large shrubs, and large perennials, use the equivalent square footage according to Table B for 23.45.524.

(5) For vegetated walls, use the square footage of the portion of the wall covered by vegetation.

(6) For all elements other than trees, large shrubs, and vegetated walls, square footage is determined by the area of the portion of a horizontal plane that lies over or under the element.

(7) The score for all pervious paving areas together may not exceed 1/3 of the total Green Factor score for a site.

b. Add together all the products computed under subsection A3a to determine the Green Factor numerator.

c. Divide the Green Factor numerator by the lot area to determine the Green Factor score.

Table, A for 23.45.524, Green Factor Elements and Multipliers

Green Factor Elements* Multiplier

A. Landscaped Areas (choose one of the following)

1. Landscaped areas with a soil depth of less than 24 0.1 inches

2. Landscaped areas with a soil depth of 24 inches or 0.6 more

3. Bio-retention facilities as per Stormwater Code 1.0

B. Plants

1. Mulch, ground covers, or other plants normally 0.1 expected to be less than 2 feet tall at maturity

2. Large shrubs or perennials at least 2 feet tall at 0.3 maturity

3. Small trees 0.3

4. Small/medium trees 0.3

5. Medium/large trees 0.4

6. Large trees 0.4

7. Preservation of exceptional or other large existing 0.8 trees at least 6 inches in diameter at breast height.

C. Green roofs

1. Over at least 2 inches and less than 4 inches of 0.4 growth medium

2. Over at least 4 inches of growth medium 0.7

D. Vegetated walls 0.7

E. Approved water features 0.7

F. Pervious paving

1. Pervious paving over at least 6 inches and less than 0.2 24 inches of soil and/or gravel

2. Pervious paving over at least 24 inches of soil and/or 0.5 gravel

G. Approved structural soil systems 0.2

H. Bonuses applied to Green Factor elements, above:

1. Landscaping that consists entirely of drought-tolerant 0.1 or native plant species, as defined by the Director

2. Landscaping that is designed for at least 50 percent 0.2 of irrigation to be provided through use of harvested rainwater

3. Landscaping visible to passersby 0.1

4. Landscaping in food cultivation 0.1

* A feature may qualify as an element in this Table only if it satisfies applicable conditions in rules promulgated by the Director for such element, if any.

Table B for 23.45.524, Equivalent Square Footage of Trees and Large Shrubs

Landscaping Elements Equivalent Square Feet

Large shrubs or perennials 16 square feet per plant

Small trees 50 square feet per tree

Small/medium trees 100 square feet per tree

Medium/large trees 150 square feet per tree

Large trees 200 square feet per tree

Exceptional trees and large existing 15 square feet per inch trees diameter at breast height

B. Street tree requirements.

1. Street trees are required when any type of development is proposed, except as provided in subsection B2 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 Transportation, will determine the number, type, and placement of additional street trees to be provided, based on the following considerations:

a. public safety;

b. presence, type, and condition of existing street trees;

c. space in the planting strip;

d. size of trees to be planted;

e. spacing required between trees in order to encourage healthy growth;

f. location of utilities; and

g. approved access to the street, buildings, and lot.

2. Exceptions to street tree requirements.

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.

b. Street trees are not required as a condition to any of the following:

(1) establishing, constructing, or modifying single-family dwelling units; or

(2) changing a use or establishing a temporary use or intermittent use; or

(3) expanding a structure by 1,000 square feet or less; or

(4) expanding surface area parking by less than 10 percent in area or in number of spaces.

c. When 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.

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 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.

C. Screening of parking.

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.

2. The height of the visual barrier created by the screen required in subsection 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.

Section 47. A new Section 23.45.526 of the Seattle Municipal Code, is adopted to read as follows:

23.45.526 LEED/Built Green.

A. Applicants for all new development gaining incentive floor area, pursuant to this chapter and Chapter 23.58A, except additions and alterations, shall make a commitment that the structure meets green building performance standards by earning a LEED Silver rating or Built Green 4-star rating of the Master Builders Association of King and Snohomish Counties, Washington. For purposes of this section, if the Director approves a commitment to achieve a substantially equivalent standard, the term "LEED Silver rating" or "Built Green 4-star rating" shall mean such other standard.

B. The Director may establish, by rule, procedures for determining whether an applicant has demonstrated that a new structure has earned a LEED Silver or a Built Green 4-star rating, provided that no rule may assign authority for making a final determination to any person other than an officer of the Department of Planning and Development or another City agency with regulatory authority and expertise in green building practices.

C. The applicant shall demonstrate to the Director the extent to which the applicant has complied with the commitment to meet the green building performance standards no later than 90 days after issuance of final Certificate of Occupancy for the new structure, or such later date as may be allowed by the Director for good cause. Performance is demonstrated through an independent report from a third party as follows:

1. For projects using the Built Green Multi-family Program the report will be produced by the Master Builders Association of King and Snohomish Counties or another independent entity approved by the Director and submitted by the applicant to the Director.

2. For projects using a LEED rating system, the report will be produced by the U.S. Green Building Council or another independent entity approved by the Director and submitted by the applicant to the Director.

3. For purposes of this section, if the Director approves a commitment to achieve a substantially equivalent standard, the terms "LEED Silver rating" or "Built Green 4-Star" shall mean such other standard.

D. Failure to submit a timely report pursuant to subsection C is a violation of the Land Use Code pursuant to subsection 23.90.018E.

E. Failure to comply with the applicant's commitment to earn a LEED or Built Green rating, is a violation of the Land Use Code pursuant to subsection 23.90.018E.

F. Use of Penalties. A subfund shall be established in the City's General Fund to receive revenue from penalties this section. Revenue from penalties pursuant to this section shall be allocated to activities or incentives to encourage and promote the development of sustainable buildings. The Director shall recommend to the Mayor and City Council how these funds should be allocated.

Section 48. Section 23.45.010 of the Seattle Municipal Code, which section was last amended by Ordinance 118794, is amended and recodified as follows:

23.45.010 Lot coverage Lowrise zones.

23.45.528 Lowrise and MR standards for lots greater than 9,000 square feet

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:

1. For townhouses, the following lot coverage limits shall apply:

Lowrise duplex/Triplex - Forty-five (45) percent. Lowrise 1 - Fifty (50) percent. Lowrise 2 - Fifty (50) percent. Lowrise 3 - Fifty (50) percent. Lowrise 4 - Fifty (50) percent.

2. For all other structures, the following lot coverage limits shall apply:

Lowrise duplex/Triplex - Thirty-five (35) percent. Lowrise 1 - Forty (40) percent. Lowrise 2 - Forty (40) percent. Lowrise 3 - Forty-five (45) percent. Lowrise 4 - Fifty (50) percent.

3. When townhouses and other structures are located on the same lot, the lot coverage shall be calculated as follows:

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

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

c. Add subsections A3a and A3b above, which equals the maximum lot coverage.

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.

C. Lot Coverage Exceptions. The following structures or portions of structures shall be exempted from the measurement of lot coverage:

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;

2. Ramps or other access for the disabled or elderly meeting Washington State Building Code, Chapter 11;

3. Fences, freestanding walls, bulkheads, signs and other similar structures;

4. An underground structure, or underground portion of a structure, on any part of the entire lot;

5. The first eighteen (18) inches of horizontal projection of eaves, cornices and gutters;

6. The first four (4) feet of horizontal projection from principal and accessory structures of unenclosed decks, balconies and porches;

7. Solar collectors meeting the provisions of Section 23.44.046 and swimming pools eighteen (18) inches or less above grade;

8. Decks or parts of a deck that are eighteen (18) inches or less above existing grade.

The provisions of this section apply to lots in Lowrise and MR zones that are greater than 9,000 square feet in size.

A. Lot Coverage. Except as provided in subsection B and C, the maximum lot coverage permitted for principal and accessory structures is shown in Table A for 23.45.528.

Table A for 23.45.528, L and MR, Lot Coverage

LDT L1, L2, L3 and L4 MR Lot coverage 45 percent 50 percent 65 percent limit

B. Lot Coverage Exceptions. The following structures or portions of structures are exempt from the measurement of lot coverage:

1. Pedestrian access bridges from alleys, streets or easements, and uncovered, unenclosed bridges of any height necessary for access and 5 feet or less in width;

2. Ramps or other access for the disabled or elderly meeting the Seattle Building Code, Chapter 11 -Accessibility;

3. Fences, freestanding walls, bulkheads, signs and other similar structures;

4. Portions of a structure that are occupied only by parking and extend no more than 4 feet above existing or finished grade, whichever is lower;

5. The first 2 feet of horizontal projection of eaves, cornices and gutters;

6. The first 4 feet of horizontal projection from principal and accessory structures of unenclosed decks, balconies, stoops and porches;

7. Solar collectors meeting the provisions of Section 23.44.046 and swimming pools 18 inches or less above existing or finished grade whichever is lower;

8. Decks or portions of a deck that are 18 inches or less above existing or finished grade, whichever is lower;

9. Single family structures built prior to 1982 that remain in residential use.

C. Width and Depth Limits.

1. The width of structures may not exceed the applicable limits shown in Table B for 23.45.528.

Table B for 23.45.528, L and MR Width Limits

LT L1 L2 L3 and L4 MR Maximum width 45' 60' 90' 120' 150'

2. The maximum depth of structures may not exceed the limits shown in Table C for 23.45.528.

Table C for 23.45.528, Lowrise and MR Depth Limits

LDT and L1 L2, L3, L4 & MR

Maximum 65 percent of 75 percent of the depth the depth of depth of the lot the lot

3. Accessory structures are counted in structure width and depth if less than 3 feet from the principal structure at any point.

Section 49. A new Section 23.45.530 of the Seattle Municipal Code, is adopted to read as follows:

23.45.530 Design standards.

A. Intent. The intent of design standards is:

1. to enhance street facing facades and avoid the appearance of blank walls along a street; and

2. to foster a sense of community and create pedestrian connections between multifamily buildings and streets, to help ensure eyes on the streets, and to promote a sense of openness and access to light and air.

B. Application of Provisions. The provisions of this section apply to all development in LDT, L1 and L2 zones; development with eight or fewer units in L3 or L4 zones; and 20 or fewer units in MR or HR zones.

C. Facade Openings.

1. Windows and/or doors shall account for a minimum of 20 percent of the area of each exterior wall facing a street.

2. For the purposes of this subsection C the exterior street facing wall includes the exterior plane of the building measured from grade to the top of the parapet on a flat roof, and including the surface of exterior vertical street facing surfaces, including surfaces enclosing interior space on pitched-roofs, such as gables and dormers.

3. Windows shall allow views from the interior of the building to the street and vice versa. Windows composed of glass blocks, garage doors, and doors accessing uninhabited spaces, such as utility and service areas, do not count toward meeting this requirement.

D. Treatment of Street Facing Facades.

1. In the case of facades or segments that are not vertical, such as curved or otherwise non-standard arrangements, the Director has the discretion to determine what facades are required to be treated pursuant to this section.

2. Where the street facing, vertical facade of a structure exceeds 750 square feet in area, projections or recesses are required to divide the facade into smaller areas or planes as follows (see Exhibit A for 23.45.530):

a. Different vertical planes shall be separated by a minimum depth of 18 inches;

b. The surface of a vertical facade plane shall have a minimum area of 150 square feet and a maximum area of 500 square feet;

c. For the purpose of this subsection, the projection of such features as a porch or the roof over a porch from a wall that is entirely separated from other wall areas will be considered an individual facade plane; and

d. Trim of sufficient width and depth to create shadow lines is required to mark roof lines, porches, windows and doors on all street facing facades.

Exhibit A for 23.45.530, Street Facing Facades

3. The Director may allow exceptions to the required division in street facing facades, if the Director determines that the project will maintain the desired visual interest and aesthetics of the streetscape through one or more of the following alternative street facing facade treatments:

a. changes in building materials and/or color that reflect the stacking of floors or reinforce articulation of the facade;

b. incorporation of architectural features that add interest and dimension to the facade, such as porches, bay windows, chimneys, pilasters, columns, cornices, and/or balconies;

c. special landscaping elements in addition to those required to meet Green Factor requirements pursuant to 23.45.524, such as trellises, that accommodate vegetated walls covering a minimum of 25 percent of the facade surface;

d. special fenestration treatment, including an increase in the percentage of facade openings beyond the minimum requirement of 20 percent.

E. Building Entry Orientation.

1. All townhouse units with street-facing facades shall have a minimum of one visually prominent pedestrian entry. Access to these entrances may be through private open space associated with the dwelling units that front on the street.

2. The primary entrance to a structure with stacked flat dwelling units must face a street or a shared, landscaped courtyard directly accessible from the street.

3. For structures without street frontage, the Director will determine the optimal location for entrances to units most accessible from a street. A clear pedestrian pathway from the street to the structure shall be delineated by one or more of the following:

a. a separate pathway;

b. co-location of the driveway and pathway, differentiated by color or texture or similar technique; and

c. signage identifying the unit addresses and the direction to the unit entrance(s).

F. Appearance of Parking Garage Entrances. When parking is provided serving only one unit in a garage attached to the primary structure and garage doors face a street, the following standards shall be met:

1. No portion of the garage above 4 feet from existing or finished grade, whichever is less, is permitted closer to a street lot line than the street facing facade of the street-level portion of the principal structure on the lot served by the garage; and

2. Garage doors for individual units that are part of the street-facing elevations of a primary structure are limited to a maximum of 75 square feet in area.

G. Limit on Surface Parking Areas.

1. Except when parking spaces are directly accessible from an alley, no more than six parking spaces are allowed in a surface parking lot.

2. Surface parking areas shall be separated from each other by a structure or a landscaped area at least 6 feet wide.

Section 50. Section 23.45.110 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended and recodified as follows:

23.45.110 Ground-floor business and commercial use in Midrise and Highrise zones. 23.45.532 Standards for ground floor commercial uses in MR and HR zones

Certain commercial uses shall be permitted outright on the ground floor of multifamily structures in Midrise and Highrise zones under the following conditions. These provisions shall not apply to Midrise and Highrise zones which have been designated Residential-Commercial on the Official Land Use Map.

A. Location.

1. In Midrise Zones, the use may be located only within a one (1) block radius of a commercial zone.

2. In Highrise Zones, the use may be located anywhere in the zone.

3. The commercial use may be located only on the ground floor of a multifamily structure. On sloping sites, the commercial use may be located at more than one (1) level within the structure as long as the commercial area does not exceed the area of the structure's footprint (Exhibit 23.45.110 A.)

B. Permitted Commercial Uses. The following uses are permitted as ground-floor commercial uses in Midrise and Highrise zones:

1. Sales and services, general;

2. Medical services;

3. Restaurants;

4. Business support services;

5. Offices;

6. Food processing and craft work; and

7. Retail sales, major durables.

C. Ground-floor commercial uses shall meet the following standards:

1. All business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed structure, except for off-street vehicle parking and off-street loading. All goods produced shall be sold at retail on the premises where produced.

2. The maximum gross floor area of any one (1) business enterprise shall be no greater than four thousand (4,000) square feet, except that the maximum gross floor area of a multi-purpose convenience store shall be ten thousand (10,000) square feet.

3. Processes and equipment employed and goods processed or sold shall be limited to those which do not produce noticeable odors, dust, smoke, cinders, gas, noise, vibration, refuse matter or watercarried waste.

4. Parking shall be required as provided in Chapter 23.54.

5. No loading berths shall be required for ground-floor commercial uses. If provided, loading berths shall be located so that access to residential parking is not blocked.

6. Identifying signs shall be permitted according to Chapter 23.55, Signs.

A. In MR zones, ground-floor commercial uses are permitted on a lot that is within 800 feet of a neighborhood commercial zone.

B. In HR Zones, ground-floor commercial uses are permitted in a structure anywhere in the zone.

C. All ground-floor commercial uses, permitted pursuant to 23.45.504, shall meet the following:

1. The commercial use is only permitted on the ground floor of a structure. On sloping sites, the commercial use may be located at more than one level within the structure as long as the floor area in commercial use does not exceed the area of the structure's footprint.

2. The maximum gross floor area of any one business establishment can be no greater than 4,000 square feet, except that the maximum gross floor area of a multi-purpose retail sales establishment may be up to 10,000 square feet.

3. Parking is not required for ground-floor commercial uses.

4. No loading berths are required for ground-floor commercial uses. If provided, loading berths shall be located so that access to residential parking is not blocked.

5. Identifying business signs are permitted pursuant to Chapter 23.55, Signs.

Section 51. Section 23.45.017 of the Seattle Municipal Code, which section was last enacted by Ordinance 115043, is amended and recodified as follows:

23.45.017 Light and glare standards Lowrise zones.

23.45.534 Light and glare

A. Exterior lighting shall be shielded and directed away from adjacent properties.

B. Interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties.

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) 5 feet and six (6) 6 feet in height, or a solid evergreen hedge or landscaped berm at least five (5) 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) 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.

Section 52. Section 23.45.018 of the Seattle Municipal Code, which section was last amended by Ordinance 120611, is amended and recodified as follows:

23.45.018 Parking and access Lowrise zones. 23.45.536 Required parking, location and access

A. Parking Quantity. Parking shall be required as provided in Chapter 23.54.

B. Access to Parking.

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.

2. Street Access Required. Access to parking shall be from the street when:

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

b. The lot does not abut a platted alley; or

c. In Lowrise 3 zones, apartments are proposed across an alley from a Single-family or Lowrise Duplex/Triplex zone; or

d. In Lowrise 4 zones apartments are proposed across an alley from a Single-family, Lowrise Duplex/Triplex or Lowrise 1 zone.

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:

a. Topography makes alley access infeasible;

b. In all zones except Lowrise Duplex/Triplex, ground-related housing is proposed across an alley from a Single-family zone;

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.

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.

C. Location of Parking.

1. Parking shall be located on the same site as the principal use.

2. Parking may be located in or under the structure, provided that:

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.)

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.)

Exhibit 23.45.018 A

Exhibit 23.45.018B

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.

a. Parking may be located between any structures on the same lot, except that for cottage housing developments, parking is not permitted between cottages.

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.)

Exhibit23.45.018C

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 l ot 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.)

Exhibit23.45.018D

d. Front and Street Side Lot Lines. Parking may be located between any structure and the front and street side lot lines, provided that:

(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.

(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.

(3) Parking may be located between the front lot line and a portion of a structure, provided that:

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.)

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.

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.

4. Location of Parking in Special Circumstances.

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.)

Exhibit 23.45.018E

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:

(1) Lots proposed for ground-related housing with no feasible alley access and with:

i. Less than eighty (80) feet of street frontage, or

ii. Lot depth of less than one hundred (100) feet, or

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

(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;

(3) On lots meeting the standards listed in subsections C4b(1) and C4b(2), the following variations may be permitted:

i. Ground-related Housing. Parking may be located between the structure and the front lot line,

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;

(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.

D. Screening of Parking.

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.)

Exhibit 23.45.018F

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).

3. Screening may also be required to reduce glare from vehicle lights, according to Section 23.45.017, Light and glare standards.

A. Off-street parking spaces are required pursuant to Section 23.54.015, Required parking.

B. Location of parking.

1. Required parking shall be located between a structure and a lot line that is not a street lot line, in a structure or under a structure, or in any combination of these locations, unless otherwise provided in subsections B2, B3 or B4 of this section.

2. On a through lot, parking shall be located between the structure and one front lot line; except that on lots 125 feet or greater in depth, parking may not be located in either front setback. The frontage in which the parking may be located will be determined by the Director based on the prevailing character and setback patterns of the block.

3. When there are multiple structures on a lot, the location of parking is determined in relation to the structure or structures that have perimeter facades facing a street (see Exhibit A for 23.45.536).

Exhibit A for 23.45.536, Location of Parking on a Lot with Multiple Structures

4. On waterfront lots in the Shoreline District, parking shall 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 Chapter 23.60, Shoreline District.

C. Access to parking.

1. Access to parking shall be from an improved alley, but not from the street or both unless the Director determines that access from the street is permitted according to subsection D.

2. If the lot does not abut an improved alley or street, access may be permitted from an easement meeting the provisions of 23.53, Requirements for Streets, Alleys, and Easements.

3. When access is provided to individual garages pursuant to subsection D from the street, all garage doors facing the street shall be set back 15 feet from the street property line.

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 Master Use Permit based on consideration of the following:

1. whether access would negatively impact public safety by requiring backing onto an arterial street designated by SDOT;

2. whether on-street parking capacity is maintained or losses are minimized by measures such as serving two garages with one curbcut;

3. whether, as a result, the project is better integrated with the topography of the site such as allowing structured parking below grade or shared parking that reduces the overall impact of parking on the design of the project;

4. whether site layout is improved, allowing for more landscaping or increased Green Area Factor rating and amenity areas and reducing surface parking area;

5. whether the flow of vehicular or pedestrian traffic, is not significantly impacted.

E. Parking shall be screened from all streets and adjacent uses pursuant to Section 23.45.524.

Section 53. Section 23.45.144 of the Seattle Municipal Code, which section was last amended by Ordinance 110570, is amended and recodified as follows:

23.45.144 Swimming pools. 23.45.538 Standards for certain accessory uses

Private, permanent swimming pools, hot tubs and other similar uses are permitted as accessory uses subject to the following standards:

A. Swimming pools may be located in any required setbacks, provided that:

1. No part of any swimming pool shall project more than eighteen (18) inches above existing grade in a required front setback; and

2. No swimming pool shall be placed closer than five (5) feet to any front or side lot line.

B. All pools shall be enclosed with a fence, or located within a yard enclosed by a fence, not less than four (4) feet in height and designed to resist the entrance of children.

C. Swimming pools may be included in the measurement of required open space.

A. Private, permanent swimming pools, hot tubs and other similar uses are permitted in any required setback, provided that:

1. No part of any swimming pools, hot tubs and other similar uses shall project more than 18 inches above existing grade in a required front setback; and

2. No swimming pool may be placed closer than 5 feet to any front or side lot line.

3. Swimming pools must be enclosed with a fence, or located within an area enclosed by a fence, not less than 4 feet in height and designed to resist the entrance of children.

4. Swimming pools may be counted toward meeting the residential amenity requirement pursuant to Section 23.45.522.

B. Solar greenhouses attached and integrated with the principal structure and no more than 12 feet in height are permitted in a required rear setback and may extend a maximum of 6 feet into required front and side setbacks. Attached solar greenhouses in required setbacks shall be no closer than:

1. Three feet from side lot lines; and

2. Eight feet from front lot lines.

3. Solar greenhouses may be built to a rear lot line that abuts an alley, provided that the greenhouse is no taller than ten feet along the rear property line, and of no greater average height than 12 feet for a depth of 15 feet from the rear property line, and the greenhouse is no wider that 50 percent of lot width for a depth of 15 feet from the rear property line. Otherwise solar greenhouses may be no closer than 5 feet from the rear lot line.

C. Solar collectors that meet minimum written energy conservation standards administered by the Director are permitted in required setbacks, subject to the following:

1. Detached solar collectors are permitted in required rear setbacks, no closer than 5 feet to any other principal or accessory structure.

2. 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.

3. The area covered or enclosed by solar collectors may be counted toward any residential amenity requirement pursuant to Section 23.45.522.

4. 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 property line. Sunshades that are between finished grade and 8 feet above finished grade may be no closer than 5 feet to the property line.

D. Solar Collectors on Roofs. Solar collectors that are located on a roof and meet minimum energy conservation standards administered by the Director are permitted as follows:

1. In Lowrise zones up to 4 feet above the maximum height limit or 4 feet above the height of elevator penthouse(s); and

2. In MR and HR zones up to 10 feet above the maximum height limit or 10 feet above the height of elevator penthouse(s).

E. Nonconforming Solar Collectors. The Director may permit the installation of solar collectors that meet minimum energy standards, that may cause an existing structure to become nonconforming, or that increase an existing nonconformity, as a special exception pursuant to Chapter 23.76, Master Use Permits and Council Land Use Decisions. Such an installation may be permitted even if it exceeds the height limits established in subsection B when the following are met:

1. There is no feasible alternative solution to placing the collector(s) on the roof;

2. 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.

F. Open wet moorage facilities for residential structures are permitted as an accessory use pursuant to Chapter 23.60, Shoreline District, if only one slip per residential unit is provided.

G. Bed and Breakfast. A bed and breakfast use may be operated in a dwelling unit that is at least 5 years old by a resident of the dwelling unit under the following conditions:

1. The bed and breakfast use has a business license issued by the Department of Finance.

2. The operation of a bed and breakfast use is conducted only within a single dwelling unit.

3. The bed and breakfast use is operated within the principal structure and not in an accessory structure.

4. Interior and exterior alterations consistent with the development standards of the underlying zone are permitted.

5. There shall be no evidence of a bed and breakfast use from the exterior of the structure other than a sign permitted by Section 23.55.022D1, so as to preserve the residential appearance of the structure.

6. No more than two people who are not residents of the dwelling may be employed in the operation of a bed and breakfast, whether or not compensated.

7. Parking is required pursuant to Chapter 23.54.

H. Heat recovery incinerators, located on the same lot as the principal use, may be permitted by the Director as accessory conditional uses, pursuant to Chapter 23.76, Master Use Permits and Council Land Use Decisions, subject to the following conditions:

1. The incinerator may be located no closer than 100 feet to any property line unless completely enclosed within a building.

2. If not within a building, the incinerator shall be enclosed by a view-obscuring fence of sufficient strength and design to resist entrance by children.

3. Adequate control measures for insects, rodents and odors shall be continuously maintained.

Section 54. Section 23.45.148 of the Seattle Municipal Code, which section was last amended by Ordinance122311, is recodified as follows:

23.45.148 23.45.540 Keeping of animals.

The keeping of animals is regulated by Section 23.42.052, Keeping of Animals.

Section 55. Section 23.45.152 of the Seattle Municipal Code, which section was last amended by Ordinance 110570, is recodified as follows:

23.45.152 23.45.550 Home occupations.

Home occupations are regulated by Section 23.42.050, Home Occupations.

Section 56. A new Section 23.45.552 of the Seattle Municipal Code, is adopted to read as follows:

23.45.552 Cottage Housing.

Cottage housing is subject to the general standards of the applicable zone as modified by the provisions of this section.

A. Minimum lot area. In the LDT and L1 zones, the minimum lot area for a cottage housing development is 6,400 square feet.

B. Floor area ratio (FAR). Cottage housing development is not subject to a floor area ratio (FAR) limit.

C. Maximum density limit. The maximum density limit for a cottage housing development is the same as that established for other residential development permitted in the applicable zone, except that in the LDT zone, one cottage dwelling unit is permitted per 1,600 square feet of lot area.

D. Type of dwelling units permitted. Only single-family dwelling units are permitted in a cottage housing development, except that dwelling units may also be provided as attached units in a carriage house structure. No more than 1/3 of the total number of dwellings in the cottage housing development may be provided in a carriage house structure. Parking in a carriage house structure must be accessed from garage doors facing an alley.

E. A minimum of four cottages must be arranged on at least two sides of a common open space, with a maximum of 12 cottages per development; and

F. The maximum lot coverage permitted for an individual principal structure in a cottage housing development is 650 square feet, except that for a carriage house structure, lot coverage is limited as follows:

1. the ground level of the structure used primarily as a garage for accessory parking is limited to a maximum area of 1,200 square feet; and

2. the floor area of any residential unit located above ground level parking is limited to a maximum of 650 square feet.

G. Height limit and roof pitch. The maximum height permitted for a structure in a cottage housing development is 18 feet, except the height of a carriage house structure, which includes an enclosed garage with one or more dwelling units above, is 22 feet.

1. All parts of the roof of a structure in a cottage housing development above 8 feet in height shall be pitched. The ridge of pitched roofs with a minimum slope of four to twelve (4:12) may extend up to 23 feet, and the ridge of a pitched roof with a minimum slope of six to twelve (6:12) may extend up to 28 feet.

2. For a carriage house structure, all parts of the roof above 22 feet in height shall be pitched. The ridge of pitched roofs with a minimum slope of four to twelve may extend up to 27 feet, and the ridge of a pitched roof with a minimum slope of six to twelve (6:12) may extend up to 32 feet.

3. The following rooftop features may extend four feet above the 18 foot height limit allowed for cottage housing structures: open railings, planters, skylights, clerestories, greenhouses, parapets and firewalls.

4. Chimneys may exceed the height limit by 4 feet or may extend 4 feet above the ridge of a pitched roof of a structure in a cottage housing development.

H. The setback provisions for a cottage housing development are the same as those established for the zone in Section 23.45.518.

I. A minimum separation of 6 feet is required between principal structures in a cottage housing development, unless there is a principal entrance on an interior facade of either or both of two facing facades, in which case the minimum separation is 10 feet. Facades of principal structures that face facades of accessory structures must be separated by a minimum of 3 feet. Permitted projections into required separations are the same as those permitted by subsection H of Section 23.45.518

J. Required open space in cottage housing developments.

1. Quantity of open space. A minimum of 250 square feet of common open space is required per single family dwelling unit.

2. Development Standards.

a. Required common open space shall have a minimum area of 600 square feet that is provided at ground level and landscaped. Required common open space may be divided into no more than two separate areas meeting the minimum size requirements. Common open space shall be visible from the street and easily accessible to all dwelling units, including units in carriage house structures.

b. The minimum horizontal dimension for required common open space is ten feet.

c. Fences are not permitted in required common open space.

K. Orientation of dwelling units.

1. Each dwelling unit that abuts a common open space shall have an entry and/or covered porch oriented to the common open space.

2. Each dwelling unit with a street facing facade shall have an entry that is visible and accessible from the street.

Section 57. Section 23.45.090 of the Seattle Municipal Code, which section was last amended by Ordinance 115043, is hereby amended and recodified as follows:

23.45.090 Institutions General provisions. 23.45.554 Institutions

A. The establishment of new institutions, such as religious facilities, community centers, private schools and child care centers, which meet the development standards of Sections 23.45.092 through 23.45.102, shall be permitted outright in all multifamily zones. Institutions not meeting all the development standards of these sections may be permitted as administrative conditional uses subject to the requirements of Section 23.45.122.

A. General Provisions.

1. The establishment of new institutions, such as religious facilities, community centers, private schools and child care centers in multifamily zones are permitted pursuant to Section 23.45.504.

B. 2. Public schools are permitted as regulated in Section 23.45.122 Chapter 23.51B.

C. 3. If the expansion of an existing institution meets all development standards of Sections 23.45.092 through 23.45.102 it shall be Chapter 23.45, 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. Institutions in the Lowrise Duplex/Triplex zones shall meet the development standards for institutions in Lowrise 1 zones.

D. 4. The provisions of this Cchapter apply to Major Institution uses as provided in Chapter 23.69, Major Institution Overlay District. All major institutions shall be so designated and their boundaries approved by the Council.

B. Height Limits.

1. Maximum height limits for institutions are as provided for multifamily structures in the applicable zones.

2. In L zones, gymnasiums and auditoriums accessory to institutions are permitted up to 35 feet in height. Pitched roofs with a minimum slope of six to twelve (6:12) may extend an additional five feet above the height limit, provided no portion of the structure above 35 feet is within 20 feet of any property line.

C. Structure Width.

1. The maximum permitted width for institutions is as shown in Table A for 23.45.554.

Table A for 23.45.554, Width Limits for Institutions

Zone Maximum Width Without Maximum Width With Modulation or Modulation or Landscaping Option Landscaping Option (feet) (feet) Lowrise Duplex/Triplex 45 feet 75 feet and Lowrise 1 Lowrise 2 45 feet 90 feet Lowrise 3 and Lowrise 60 feet 150 feet 4 Midrise 60 feet 150 feet Highrise - Facades or portions of facades below 37 feet in 90 feet No maximum width height - Facades or portions of facades above 37 feet in 100 feet 100 feet height

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:

a. Modulation Option. Front facades, and side and rear facades facing street lot lines, shall be modulated as shown in Table B for 23.45.554.

Table B for 23.45.554, Width and Depth of Modulation for Institutions

Minimum depth of Minimum height of Minimum width of modulation in feet modulation in modulation (feet) feet

L zones 4 feet 10 feet or 20% of 5 feet the total structure width, whichever is greater

MR and HR zones 6 feet (1) Any un-modulated portion of the facade cannot comprise more than 50 percent of the total facade area.

(2) In HR zones, modulation is only required for the first 60 feet in height of a facade; or if the facade above 37 feet is set back 20 feet or more from the lot line, modulation shall only be required for the first 37 feet in height of the structure. The maximum width of any non-modulated portion of the facade is 90 feet.

b. Landscape Option. Front setbacks and landscaping shall be provided as follows:

(1) The required front setback shall be 5 feet more than the required minimum setback for the lot pursuant to Section 23.45.518.

(2) One tree and three shrubs are required for each 300 square feet of required front setback and street-facing side and rear setbacks. When new trees are planted, at least half must be deciduous.

(3) Trees and shrubs that already exist in the required planting area or have their trunk or center within ten feet of the area may be counted toward requirements for plantings on a one-tree-to-one-tree or one-shrub-to-one-shrub basis. In order to qualify, a tree must be 6 inches or greater in diameter, measured 4.5 feet above the ground.

(4) The planting of street trees may be substituted for required trees on a one-to-one basis. All street trees shall be planted according to Seattle Department of Transportation Tree Planting Standards.

(5) Each setback required to be landscaped shall be planted with shrubs, grass and/or evergreen ground cover.

(6) Landscape features such as decorative paving, sculptures or fountains are permitted to a maximum of 25 percent of each required landscaped area.

D. Structure Depth. The maximum permitted depth of institutional structures is 65 percent of lot depth.

E. Setback Requirements.

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. In L zones, 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. In HR zones, where the street front is devoted to retail and service use, no front yard setback is required.

2. Rear Setback. The minimum rear setback is 10 feet in L and MR zones. The minimum rear setback in HR zones is 20 feet.

3. Side Setback.

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 required in all other cases, except that the minimum side street side setback shall be 10 feet.

b. In HR Zones, structures that are between 91 feet and 120 feet in height shall have a minimum side setback of 14 feet; structures that are taller than 120 feet shall have a minimum side setback of 16 feet.

c. 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 23.45.554.

Table C for 23.45.554, Side Setback Requirements for Structures Greater than 65 Feet in Depth

up to Greater Greater Greater Greater Structure 20'in than 20' than 40' than 60' than 80' Depth height up to 40' up to 60' up to 80' in height in feet in height in height in height

Up to 70' 12' 14' 16' 18' --

Greater than 13' 15' 17' 19' 21' 70', up to 80'

Greater than 14' 16' 18' 20' 22' 80', up to 90'

Greater than 15' 17' 19' 21' 23' 90', up to 100'

Greater than 16' 18' 20' 22' 24' 100'

4. Setbacks for Specific Items. In L zones, the following shall be located at least 20 feet from any abutting residentially zoned lot:

a. Emergency entrances;

b. Main entrance door of the institutional structure;

c. Outdoor play equipment and game courts;

d. Operable window of gymnasium, assembly hall or sanctuary;

e. Garbage and trash disposal mechanism;

f. Kitchen ventilation;

g. Air-conditioning or heating mechanism;

h. Similar mechanisms/features causing noise and/or odors as determined by the Director.

F. Parking.

1. Parking Quantity. Parking and loading is required pursuant to Section 23.54.015.

2. Location of Parking. Parking areas and facilities may be located on-site or adjacent to the institution, but shall not be located in the required front setback or side street side setback.

3. Screening of Surface Parking Areas. Surface parking areas for more than five vehicles shall be screened in accordance with the following requirements and the provisions of Section 23.45.524.

a. Screening shall be provided on each side of the parking area which abuts, or faces across a street, alley or access easement, a lot in a residential zone.

b. Screening shall consist of a fence, solid evergreen hedge or wall between 4 and 6 feet in height. Sight triangles must be provided. Fences surrounding sports fields/recreation areas may be 8 feet high. The Director may permit higher fencing when necessary for sports fields.

c. The height of the visual barrier created by the screen required in subsection 2 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 3 feet in height.

5. Landscaping of Parking. Accessory parking areas for more than 20 vehicles shall be landscaped according to the following requirements:

a. One tree per every five parking spaces is required.

b. Each required tree shall be planted in a landscaped area and shall be 3 feet away from any curb of a landscaped area or edge of the parking area. Permanent curbs or structural barriers shall enclose each landscaped area.

c. Hardy evergreen ground cover shall be planted to cover each landscaped area.

d. The trees and landscaped areas shall be located within the parking area to break up large expanses of pavement and cars.

G. Odors. The venting of odors, vapors, smoke, cinders, dust, gas and fumes shall be at least ten feet above finished sidewalk grade, and directed away to the extent possible from residential uses within 50 feet of the vent.

H. Light and Glare.

1. Exterior lighting for institutions shall be shielded or directed away from principal structures on adjacent residential lots.

2. Poles for freestanding exterior lighting are permitted up to a maximum height of 30 feet. Light poles for illumination of athletic fields on new and existing public school sites will be allowed to exceed 30 feet pursuant to Section 23.51B, Public schools.

I. Dispersion. The lot line of any new or expanding institution locating within a legally established institution shall be located 600 feet or more from any lot line of any other institution in a residential zone with the following exceptions:

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.

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.

Section 58. Sections 23.45.047 through 23.45.060 of the Seattle Municipal Code, relating to standards in Midrise zones, which sections were last amended by Ordinances 113041, 114046, 116795, 117263, 118414, 118794, 120266, 120928, 121477 and 122050, are repealed.

Section 59. Sections 23.45.064, 23.45.066 and 23.45.070 through 23.45.076 of the Seattle Municipal Code, relating to standards in Highrise zones, which sections were last amended by Ordinances 110570, 111390, 114046, 118794, 120928, 121477 and 122050, are repealed.

Section 60. Sections 23.45.080 through 23.45.088, 23.45.092 through 23.45.102, and 23.45.108 of the Seattle Municipal Code, relating to provisions for uses permitted outright, which sections were last amended by Ordinances 110793, 114875, 115043, 117202, 118414, 119238, 120266 and 120794, are repealed.

Section 61. Sections 23.45.122 through 23.45.126 of the Seattle Municipal Code, relating to provisions for administrative conditional uses, which sections were last amended by Ordinances 110570, 115002 and 122311, are repealed.

Section 62. Sections 23.45.140, 23.45.142, 23.45.146, 23.45.150, 23.45.154 and 23.45.160 through 23.45.166 of the Seattle Municipal Code, relating to provisions for accessory uses, which sections were last amended by Ordinances 110570, 113978, 115002, 115043, 118794, 120117, 122208 and 122311, are repealed.

Section 63. Section 23.47A.006 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.47A.006 Conditional uses.

A. All conditional uses are subject to the procedures described in Chapter 23.76, Master Use Permits and Council Land Use Decisions, and must not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located. In authorizing a conditional use, the Director or City Council may require that adverse impacts be mitigated by imposing any conditions to protect other properties in the zone or vicinity, to compensate for impacts, and to protect the public interest. The Director shall deny or recommend denial of a conditional use if the Director determines that adverse impacts cannot be mitigated satisfactorily.

B A. The following uses, where identified as administrative conditional uses on Chart A of Section 23.47A.004, or other features of development uses identified in this Ssection, may be permitted by the Director when the provisions of both subsection A Section 23.42.042 and this subsection are met:

1. Drinking establishments. Drinking establishments in NC1 and NC2 zones may be permitted as a conditional use subject to the following conditions or criteria:

a. The size of the drinking establishment, design of the structure, signing and illumination must be compatible with the character of the commercial area and other structures in the vicinity, particularly in areas where a distinct and definite pattern or style has been established.

b. The location, access and design of parking must be compatible with adjacent residential zones.

c. Special consideration will be given to the location and design of the doors and windows of drinking establishments to help ensure that noise standards will not be exceeded. The Director may require additional setbacks and/or restrict openings where the drinking establishment is located on a lot that abuts or is across from a residential zone.

d. Drinking establishments must not generate traffic that creates traffic congestion or further worsens spillover parking on residential streets.

2. Park-and-ride lots. Park-and-ride lots in NC3, C1 and C2 zones may be permitted as conditional uses subject to the following conditions or criteria:

a. The park-and-ride lot shall have direct vehicular access to a designated arterial improved to City standards.

b. If the proposed park-and-ride lot is located on a lot containing accessory parking for other uses, there must be no substantial conflict in the principal operating hours of the park-and-ride lot and other uses on the lot.

c. The Director may require landscaping and screening in addition to that required for surface parking areas, noise mitigation, vehicular access control, signage restrictions, and other measures to provide comfort and safety for pedestrians and bicyclists and to ensure the compatibility of the park-and-ride lot with the surrounding area.

3. Residential Uses in C2 zones.

a. Residential uses may be permitted in C2 zones as a conditional use subject to the following criteria:

(1) The residential use generally should not be located in an area with direct access to major transportation systems such as freeways, state routes and freight rail lines.

(2) The residential use generally should not be located in close proximity to industrial areas and/or nonresidential uses or devices that have the potential to create a nuisance or adversely affect the desirability of the area for living purposes as indicated by one of the following:

(a) The nonresidential use is prohibited in the NC3 zone;

(b) The nonresidential use or device is classified as a major noise generator; or

(c) The nonresidential use is classified as a major odor source.

(3) In making a determination to permit or prohibit residential uses in C2 zones, the Director shall take the following factors into account:

(a) The distance between the lot in question and major transportation systems and potential nuisances;

(b) The presence of physical buffers between the lot in question and major transportation systems and potential nuisance uses;

(c) The potential cumulative impacts of residential uses on the availability for nonresidential uses of land near major transportation systems; and

(d) The number, size and cumulative impacts of potential nuisances on the proposed residential uses.

b. Residential uses required to obtain a shoreline conditional use permit are not required to obtain an administrative conditional use permit.

c. Additions to, or on-site accessory structures for, existing residential structures are permitted outright.

4. Medical service uses. Medical service uses over ten thousand (10,000) square feet, outside but within two thousand five hundred (2,500) feet of a medical Major Institution overlay district boundary, may be approved as administrative conditional uses, except that they are permitted outright if included in an adopted master plan or dedicated to veterinary services. In order to approve a medical service use under this subsection, the Director must determine that an adequate supply of commercially zoned land for businesses serving neighborhood residents will continue to exist. The following factors will be used in making this determination:

a. Whether the amount of medical service uses existing and proposed in the vicinity would result in an area containing a concentration of medical services with few other uses; and

b. Whether medical service uses would displace existing neighborhood-serving commercial uses at street level or disrupt a continuous commercial street front, particularly of general sales and services uses, or significantly detract from an area's overall neighborhood-serving commercial character.

5. Change of One Nonconforming Use to Another. A nonconforming use may be converted by an administrative conditional use authorization to a use not otherwise permitted in the zone based on the following factors:

a. New uses are limited to those permitted in the next more intensive zone;

b. The relative impacts of size, parking, traffic, light, glare, noise, odor and similar impacts of the two (2) uses, and how these impacts could be mitigated. ;

c. The Director must find that the new nonconforming use is no more detrimental to property in the zone and vicinity than the existing nonconforming use.

6. Lodging uses in NC2 zones. Lodging uses in NC2 zones are permitted up to 25,000 sq. ft. square feet, when all of the following conditions are met, except that bed and breakfasts in existing structures are permitted outright with no maximum size limit:

a. The lodging use contains no more than 50 units;

b. The proposed development is subjected to City design review, whether required by SMC Chapter 23.41 or not;

c. The design of the development, including but not limited to signing and illumination, is compatible with surrounding commercial areas; and

d. Auto access is via an arterial street that does not draw traffic through primarily residentially zoned areas.

C. B. The following uses, identified as Council Conditional Uses on Chart A of Section 23.47A.004, may be permitted by the Council when the conditions of subsection A of this section provisions of Section 23.42.042 are met, subject to the following additional provisions:

1. In C1 and C2 zones, new bus bases for one hundred fifty (150) or fewer buses, and existing bus bases that are proposed to be expanded to accommodate additional buses, according to the following standards and criteria.

a. The bus base has vehicular access, suitable for use by buses, to a designated arterial improved to City standards; and

b. The lot includes adequate buffering from the surrounding area and the impacts created by the bus base have been effectively mitigated.

c. The Council may require mitigating measures, which may include, but are not limited to:

(1) Noise mitigation,

(2) An employee ridesharing program,

(3) Landscaping and screening,

(4) Odor mitigation,

(5) Vehicular access controls, and

(6) Other measures to ensure the compatibility of the bus base with the surrounding area.

2. Helistops in NC3, C1 and C2 zones as accessory uses, according to the following standards and criteria:

a. The helistop is used solely for the takeoff and landing of helicopters serving public safety, news gathering or emergency medical care functions; is a public facility that is part of a City and regional transportation plan approved by the City Council; or is part of a City and regional transportation plan approved by the City Council and is not within two thousand (2,000) feet of a residential zone.

b. The helistop is located so as to minimize impacts on surrounding areas.

c. The lot includes sufficient buffering of the operations of the helistop from the surrounding area.

d. Open areas and landing pads are hard-surfaced.

e. The helistop meets all federal requirements, including those for safety, glide angles and approach lanes.

3. Work-release centers in all NC zones and C zones, according to the following standards and criteria:

a. Maximum Number of Residents. No work-release center may house more than fifty (50) persons, excluding resident staff.

b. Dispersion Criteria.

(1) Each lot line of any new or expanding work-release center must be located six hundred )600) feet or more from any residential zone, any lot line of any assisted living facility, congregate residence, domestic violence shelter or nursing home, and any lot line of any school.

(2) Each lot line of any new or expanding work-release center must be located one (1) mile or more from any lot line of any other work-release center.

c. The Council's decision shall be based on the following criteria, after review by the Director and the Seattle Police Department:

(1) The applicant must demonstrate the need for the new or expanding facility in the City;

(2) The applicant must demonstrate that the facility can be made secure through a security plan to appropriately monitor and control residents, through a staffing plan for the facility, and through compliance with the security standards of the American Corrections Association;

(3) Proposed lighting must be located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure that security is maintained;

(4) The facility's landscape plan must meet the requirements of the zone while allowing visual supervision of the residents of the facility;

(5) Appropriate measures must be taken to minimize noise impacts on surrounding properties;

(6) The impacts of traffic and parking must be mitigated;

(7) The facility must be well-served by public transportation or the facility must demonstrate a commitment to a program of encouraging the use of public or private mass transportation;

(8) Verification from the Department of Corrections (DOC) must be provided that the proposed work-release center meets DOC standards for such facilities and that the facility will meet state laws and requirements.

D. Any authorized conditional use that has been discontinued shall not be re-established or recommenced except pursuant to a new conditional use permit. The following shall constitute conclusive evidence that the conditional use has been discontinued:

1. A permit to change the use of the property has been issued and the new use has been established; or

2. The property has not been devoted to the authorized conditional use for more than twenty-four (24) consecutive months. Property that is vacant, or that is used only for dead storage of materials or equipment, shall not be considered as being devoted to the authorized conditional use. The expiration of licenses necessary for the conditional use shall be evidence that the property is not being devoted to the conditional use. A conditional use in a multifamily structure or a multi-tenant commercial structure shall not be considered discontinued unless all portions of the structure are either vacant or devoted to another use.

Section 64. Subsection B and Chart B of Section 23.54.015 of the Seattle Municipal Code, which section and chart were last amended by Ordinance 122411, are amended as follows:

23.54.015 Parking.

* * *

B. Exceptions to Required Parking.

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

2. In urban centers or the Station Area Overlay District, Nno parking for motor vehicles is required for uses in commercial zones and multifamily zones in urban centers and in the Station Area Overlay District, except that parking for fleet vehicles is required pursuant to Section 23.54.035;

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

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

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

* * *

* * *

Chart B for Section 23.54.015 PARKING FOR RESIDENTIAL USES

Use Minimum parking required

A. General Residential Uses

A. Adult family homes 1 space for each dwelling unit

B. Artist's studio/dwellings 1 space for each dwelling unit

C. Assisted living facilities 1 space for each 4 assisted living units; plus 1 space for each 2 staff members on-site at peak staffing time; plus 1 barrier-free passenger loading and unloading space

D. Caretaker's Quarters 1 space for each dwelling unit

E. Congregate residences 1 space for each 4 residents

F. Floating homes 1 space for each dwelling unit

G. Mobile home parks 1 space for each mobile home lot as defined in Chapter 22.904

H. Multifamily structures Lots containing: dwelling units, 2-10 dwelling units: 1.1 spaces for each dwelling unit except as 11-30 dwelling units: 1.15 spaces for each dwelling unit provided in Sections B or C of 31-60 dwelling units: 1.2 spaces for each dwelling unit this chart (1) (2) More than 60 dwelling units: 1.25 spaces for each dwelling unit In addition, for all multifamily structures whose average gross floor area per dwelling unit, excluding decks and all portions of a structure shared by multiple dwelling units, exceeds 500 square feet, an additional .0002 spaces per square foot in excess of 500 shall be required up to a maximum additional .15 spaces per dwelling unit; and When at least 50 percent of the dwelling units in a multifamily structure have 3 bedrooms, an additional .25 spaces per bedroom for each unit with 3 bedrooms; and When a multifamily structure contains a dwelling unit with 4 or more bedrooms, an additional .25 spaces per bedroom for each unit with 4 or more bedrooms 1 space per dwelling unit.

I. Nursing homes (3) 1 space for each 2 staff doctors; plus 1 additional space for each 3 employees; plus 1 space for each 6 beds

J. Single-family dwelling units 1 space for each dwelling unit

B. Residential or Multifamily Requirements with Location Criteria

K. Residential uses in commercial No minimum requirement and multifamily zones within Urban Centers and or Station Area Overlay District (1)

L.Residential uses in 1 space for each dwelling unit commercial zones. (1)

M. L.Multifamily For units with less than two bedrooms, as required in row structures within the University H. of Washington parking impact area 1.5 spaces per unit with 2 or more bedrooms; plus shown on Map A (1) .25 spaces per bedroom for units with 3 or more bedrooms

N.Multifamily structures 1 space for each dwelling unit with 2 or fewer within multifamily zones in bedrooms; the University District Northwest 1.5 spaces for each dwelling unit with 3 or more bedrooms, Urban Center Village (1) plus .25 spaces for each bedroom in dwelling units with more than 3 bedrooms

O. M. Multifamily 1.5 spaces for each dwelling unit structures dwelling units, within the Alki area shown on Map B following this section(1)

P. Multifamily 1 space for each dwelling unit structures, on lots that contain a total of 10 or fewer dwelling units, all in ground-related structures, except within the University District Northwest Urban Center Village(1)

Q. Multifamily structures, 1 space for each dwelling unit within multifamily zones in the Capitol Hill Urban Center Village(1)

R. Multifamily structures, 0.5 spaces for each dwelling unit within multifamily zones in the First Hill or Pike/Pine Urban Center Villages(1)

C. Multifamily Requirements with Income Criteria or Location Criteria and Income Criteria

S. Multifamily structures 0.33 space for each dwelling unit with 2 or fewer located in multifamily zones in bedrooms, and the Capitol Hill, First Hill, 0.5 space for each dwelling unit with 3 or more bedrooms Pike/Pine, South Lake Union, 12th Avenue and Uptown Urban Center Villages: 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(4), for the life of the building(1)

T. Multifamily structures 0.5 space for each dwelling unit with 2 or fewer located in multifamily zones in bedrooms, and the Capitol Hill, South Lake 1 space for each dwelling unit with 3 or more bedrooms Union, 12th Avenue and Uptown Urban Center Villages: 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(4), for the life of the building(1)

U. N. Multifamily 0.33 space for each dwelling unit with 2 or fewer structures dwelling bedrooms, and 1 space for each dwelling unit with 3 or units located outside of more bedrooms commercial zones in urban centers: 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(4), for the life of the building(1)

V. O. Multifamily 0.75 spaces for each dwelling unit structures dwelling units located outside of commercial zones in urban centers: for each dwelling unit with 2 or fewer bedrooms 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(4), for the life of the building(1)

W. P. Low-income 1 space for each 6 dwelling units elderly multifamily structures dwelling units (1) (4)

X. Q. Low-income 1 space for each 4 dwelling units disabled multifamily structures dwelling units (1) (4)

Y R. Low-income 1 space for each 5 dwelling units elderly/low-income disabled multifamily structures dwelling units (1) (4)

(1) The general requirements of line H of Chart B for multifamily structures are superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement under any other multifamily provision. To the extent that a multifamily structure fits within more than one line in Chart B, the least of the applicable parking requirements applies, except that if an applicable parking requirement in section B of Chart B requires more parking than line H, the parking requirement in line H does not apply. The different parking requirements listed for certain categories of multifamily structures shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this Title.

(2) Parking spaces required for multifamily structures may be provided as "tandem parking" spaces according to subsection B of Section 23.54.020.

(3) For development within single family zones the Director may waive some or all of the parking requirements according to Section 23.44.015.

(4) 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 use or structure, if the applicant relies upon these reduced parking requirements, the applicant shall record in the King County Office of Records and Elections 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.

Exhibit for Chart A, Section Map A for 23.54.015 University District Parking Impact Area

Exhibit for Chart B, Section Map B for 23.54.015 Map B - Alki Area Parking Overlay

Section 65. Subsections A and F of Section 23.54.020 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, are amended as follows:

23.54.020 Parking quantity exceptions.

The parking quantity exceptions set forth in this section apply in all zones except downtown zones, which are regulated by Section 23.49.019, and Major Institution zones, which are regulated by Section 23.54.016.

A. Adding Units to Existing Structures in Multifamily and Commercial Zones. If the only use of the structure will be residential and if two or more units are being added, then the Director may authorize reduction or waiver of parking if:

1. 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

2. The site 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 property lines of the site.

3. This exception does not apply to sites 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).

1. 4. For the purposes of this section, "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:

a. In multifamily zones, August 10, 1982;

b. In commercial zones, June 9, 1986.

2. 5. If an existing residential structure in a multifamily or commercial zone has parking that meets the development standards, and the lot area is not increased, one (1) unit may be added without additional parking. If two (2) units are added, one (1) space will be required; three (3) units will require two (2) spaces, etc. Additional parking must meet all development standards for the particular zone.

3. 6. In a Lowrise Duplex/Triplex zone:

a. When an existing residential structure provides less than one (1) parking space per unit, one (1) parking space is required for each additional dwelling unit when dwelling units are added to the structure or the structure is altered to create additional dwelling units;

b. When an existing nonresidential structure is partially or completely converted to residential use, then no parking space shall be required for the first new dwelling unit, provided that the lot area is not increased and existing parking is screened and landscaped to the greatest extent practical.

Additional parking provided shall meet all development standards for the Lowrise Duplex/Triplex zone.

4. 7. If an existing structure does not conform to the development standards for parking, or is occupied by a nonconforming use, no parking space is required for the first new or added dwelling unit, provided:

a. The lot area is not increased and existing parking is screened and landscaped to the greatest extent practical.

b. Additional parking provided shall meet all development standards for the particular zone.

c. This exception shall does not apply in Lowrise Duplex/Triplex zones.

* * *

F. Reductions to Minimum Parking Requirements for Nonresidential Uses.

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 forty (40) 40 percent.

2. Transit Reduction.

a. In NC zones and C zones, except pedestriandesignated zones, and in the Seattle Mixed (SM) zone, except on Class 1 Pedestrian Streets, the minimum parking requirement for a nonresidential use, except institutions, may be reduced by twenty (20) 20 percent when the use is located within eight hundred (800) 800 feet of a street with midday transit service headways of fifteen (15) 15 minutes or less in each direction. This distance will be the walking distance measured from the nearest bus stop to the property line of the lot containing the use.

b. In multifamily, NC and C zones the minimum parking requirement, where applicable outside of urban centers, for a residential use may be reduced by 20 percent when the use is located within 800 feet of a street with midday transit service headways of 15 minutes or less in each direction. This distance will be the walking distance measured from the nearest bus stop to the property line of the lot containing the use.

b. c. In industrial zones, the minimum parking requirement for a nonresidential use may be reduced by fifteen (15) 15 percent when the use is located within eight hundred (800) 800 feet of a street with peak transit service headways of fifteen (15) 15 minutes or less in each direction. This distance will be the walking distance measured from the nearest bus stop to the property line of the lot containing the use.

3. Substitution of Alternative Transportation. For new or expanding offices or manufacturing uses that require forty (40) or more parking spaces, the minimum parking requirement may be reduced up to a maximum of forty (40) 40 percent by the substitution of alternative transportation programs, according to the following provisions:

a. For every certified carpool space accompanied by a cash fee, performance bond or alternative guarantee acceptable to the Director, the total parking requirement will be reduced by one and nine-tenths (1 9/10) 1 9/10 spaces, up to a maximum of forty (40) 40 percent of the parking requirement. The Director will consult with the Seattle Rideshare Office in certifying carpool spaces and the location of carpool parking.

b. For every certified vanpool purchased or leased by the applicant for employee use, or equivalent cash fee for purchase of a van by the public ridesharing agency, the total parking requirement will be reduced by six (6) spaces, up to a maximum of twenty (20) 20 percent of the parking requirement. Before a certificate of occupancy may be issued, details of the vanpool program shall be specified in a Memorandum of Agreement executed between the proponent, the Director, and the Seattle Rideshare Office.

c. If transit or transportation passes are provided with a fifty (50) 50 percent or greater cost reduction to all employees in a proposed structure for the duration of the business establishment(s) within it, or five (5) 5 years, whichever is less, and if transit service is located within eight hundred (800) 800 feet, the parking requirement shall be reduced by ten (10) 10 percent. With a twenty-five (25) 25 percent to forty-nine (49) 49 percent cost reduction, and if transit service is located within eight hundred (800) 800 feet, the parking requirement shall be reduced by five (5) 5 percent.

d. For every four (4) covered bicycle parking spaces provided, the total parking requirement shall be reduced by one (1) space, up to a maximum of five (5) 5 percent of the parking requirement, provided that there is access to an arterial over improved streets.

* * *

Section 66. Subsections B, D and F of Section 23.54.030 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.54.030 Parking standards.

* * *

B. Parking Space Requirements. 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 B1; otherwise, all parking for the structure shall meet the standards of subsection B2.

1. Residential Uses.

a. When five (5) or fewer parking spaces are provided, the minimum required size of a parking space shall be for a medium car, as described in subsection A2 of this section, except as provided in subsection B1d.

b. When more than five (5) parking spaces are provided, a minimum of sixty (60) 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 (40) 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.

c. Assisted Living Facilities. Parking spaces shall be provided as in subsections B1a and B1b above, except that a minimum of two (2) spaces shall be striped for a large vehicle.

d. Townhouses. 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 A2.

2. Nonresidential Uses and Live-work Units.

a. When ten (10) or fewer parking spaces are provided, a maximum of twenty-five (25) 25 percent of the parking spaces may be striped for small vehicles. A minimum of seventy-five (75) 75 percent of the spaces shall be striped for large vehicles.

b. When between eleven (11) 11 and nineteen (19) 19 parking spaces are provided, a minimum of twenty-five (25) 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 sixty-five (65) 65 percent of the parking spaces may be striped for small vehicles. A minimum of thirty-five (35) 35 percent of the spaces shall be striped for large vehicles.

c. When twenty (20) 20 or more parking spaces are provided, a minimum of thirty-five (35) 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 sixty-five (65) 65 percent of the parking spaces may be striped for small vehicles. A minimum of thirty-five (35) 35 percent of the spaces shall be striped for large vehicles.

d. The minimum vehicle clearance shall be at least six (6) feet nine (9) 6 feet 9 inches on at least one (1) floor, and there shall be at least one (1) direct entrance from the street that is at least six (6) feet nine (9) 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.

* * *

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 D2.

1. Residential Uses.

a. Driveways shall be at least ten (10) 10 feet wide. Driveways with a turning radius of more than thirty-five (35) 35 degrees shall conform to the minimum turning path radius shown in Exhibit 23.54.030 B

b. Vehicles may back onto a street from a parking area serving five (5) or fewer vehicles, provided that:

(1) The street is not an arterial as defined in Section 11.18.010 of the Seattle Municipal Code;

(2) The slope of the driveway does not exceed ten (10) percent in the first twenty (20) feet from the property line; and 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.

(3) For one (1) single-family structure, the Director may waive the requirements of subsections D1b(1) and (2) above, and may modify the parking access standards based upon a safety analysis, addressing visibility, traffic volume and other relevant issues.

c. Driveways less than one hundred (100) 100 feet in length , which that serve thirty (30) 30 or fewer parking spaces, shall be a minimum of ten (10) 10 feet in width for one (1) way or two (2) way traffic.

d. Except for driveways serving one (1) single-family dwelling, driveways more than one hundred (100) 100 feet in length which that serve thirty (30) 30 or fewer parking spaces shall either:

(1) Be a minimum of sixteen (16) 16 feet wide, tapered over a twenty (20) 20 foot distance to a ten (10) 10 foot opening at the property line; or

(2) Provide a passing area at least twenty (20) 20 feet wide and twenty (20) 20 feet long. The passing area shall begin twenty (20) 20 feet from the property line, with an appropriate taper to meet the ten (10) 10 foot opening at the property line. If a taper is provided at the other end of the passing area, it shall have a minimum length of twenty (20) 20 feet.

e. Driveways serving more than thirty (30) 30 parking spaces shall provide a minimum ten (10) 10 foot wide driveway for one (1) way traffic or a minimum twenty (20) 20 foot wide driveway for two (2) way traffic.

f. Nonconforming Driveways. The number of parking spaces served by an existing driveway that does not meet the standards of this subsection D1 shall not be increased. This prohibition may be waived by the Director after consulting with Seattle Department of Transportation based on a safety analysis.

2. Nonresidential Uses.

a. Driveway Widths.

(1) The minimum width of driveways for one (1) way traffic shall be twelve (12) 12 feet and the maximum width shall be fifteen (15) 15 feet.

(2) The minimum width of driveways for two (2) way traffic shall be twenty-two (22) 22 feet and the maximum width shall be twenty-five (25) 25 feet.

b. Driveways shall conform to the minimum turning path radius shown in Exhibit 23.54.030 B.

3. Maximum grade curvature for all driveways shall not exceed the curvature shown in Exhibit 23.54.030 C.

Exhibit 23.54.030 C. Maximum Grade Curvatures

4. 3. Driveway Slope. No portion of a driveway, whether located on private property or on a right-of-way, shall exceed a slope of twenty (20) 20 percent, except as provided in this subsection. The maximum twenty (20) 20 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 may permit a driveway slope of more than twenty (20) 20 percent if it is found that:

a. The topography or other special characteristic of the lot makes a twenty (20) 20 percent maximum driveway slope infeasible;

b. The additional amount of slope permitted is the least amount necessary to accommodate the conditions of the lot; and

c. The driveway is still useable as access to the lot.

E. Parking Aisles.

1. Parking aisles shall be provided according to the requirements of Exhibit 23.54.030D.

2. Minimum aisle widths shall be provided for the largest vehicles served by the aisle.

3. Turning and maneuvering areas shall be located on private property, except that alleys may be credited as aisle space.

4. Aisle slope shall not exceed seventeen (17) 17 percent provided that the Director may permit a greater slope if the criteria in subsections D4a, D4b and D4c of this section are met.

F. Curb cuts. Curb cut requirements shall be 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. When a curb cut is used for more than one (1) use or for one (1) or more live-work units, the requirements for the use with the largest curb cut requirements shall apply.

1. Residential uses in single-family and multi-family zones and residential structures in all other zones.

a. For lots not located on a principal arterial as designated on Exhibit 23.53.015 A, the number of curb cuts permitted shall be according to the following chart:

Street or Easement Frontage of the Lot Number of Curb Cuts Permitted 0 - 80 feet 1 81 - 160 feet 2 161 - 240 feet 3 241 - 320 feet 4

For lots with frontage in excess of three hundred twenty (320) 320 feet, the pattern established in the chart table is continued.

b. Curb cuts must not exceed a maximum width of ten (10) 10 feet except that:

(1) One (1) curb cut greater than ten (10) 10 feet but in no case greater than twenty (20) 20 feet in width may be substituted for each two (2) curb cuts permitted by subsection F1a; and

(2) A greater width may be specifically permitted by the development standards in a zone; and

(3) When subsection D of Section 23.54.030 requires a driveway greater than ten (10) 10 feet in width, the curb cut may be as wide as the required width of the driveway.

c. For lots on principal arterials designated on Exhibit 23.53.015 A curb cuts of a maximum width of twenty-three (23) 23 feet are permitted according to the following chart. table:

Street or Easement Frontage of the Lot Number of Curb Cuts Permitted 0 - 160 feet 1 161 - 320 feet 2 321 - 480 feet 3

For lots with street frontage in excess of four hundred eighty (480) 480 feet, the pattern established in the chart table is continued.

d. There must be at least thirty (30) 30 feet between any two (2) curb cuts located on a lot.

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.

f. Where two (2) adjoining lots share a common driveway according to the provisions of Section 23.54.030 D1, the combined frontage of the two (2) lots will be considered one (1) in determining the maximum number of permitted curb cuts.

2. Nonresidential uses in single-family and multifamily zones, and in all other zones except industrial zones, all uses except residential structures.

a. Number of Curb cuts.

(1) In RC, NC1, NC2 and NC3 zones and within Major Institution Overlay Districts, the number of two-way curb cuts are permitted according to the following chart table:

Street Frontage of the Lot Number of Curb cuts Permitted 0 - 80 feet 1 81 - 240 feet 2 241 - 360 feet 3 361 - 480 feet 4

For lots with frontage in excess of four hundred eighty (480) 480 feet the pattern established in the chart table shall be continued. The Director may allow two (2) one-way curb cuts to be substituted for one (1) two-way curb cut, after determining that there would not be a significant conflict with pedestrian traffic.

(2) In C1 and C2 zones and the SM zone, the Director will review and make a recommendation on the number and location of curb cuts.

(3) In downtown zones, a maximum of two (2) curb cuts for one (1) way traffic at least forty (40) 40 feet apart, or one (1) curb cut for two (2) 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 forty (40) 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.

(4) For public schools, the Director shall permit the minimum number of curb cuts that he or she determines is necessary.

b. Curb cut widths.

(1) For one (1) way traffic, the minimum width of curb cuts is twelve (12) 12 feet, and the maximum width is fifteen (15) 15 feet.

(2) For two (2) way traffic, the minimum width of curb cuts is twenty-two (22) 22 feet, and the maximum width is twenty-five (25) 25 feet, except that the maximum width may be increased to thirty (30) 30 feet when truck and auto access are combined.

(3) For public schools, the maximum width of curb cuts is twenty-five (25) 25 feet. Development standards departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79.

(4) When one (1) of the following conditions applies, the Director may require a curb cut of up to (thirty (30) 30 feet in width, if it is found that a wider curb cut is necessary for safe access:

i. The abutting street has a single lane on the side that abuts the lot; or

ii. The curb lane abutting the lot is less than eleven (11) 11 feet wide; or

iii. The proposed development is located on an arterial with an average daily traffic volume of over seven thousand (7,000) 7,000 vehicles; or

iv. Off-street loading space is required according to subsection G of Section 23.54.015.

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 six (6) feet nine (9) 6 feet 9 inches high.

3. All uses in industrial zones.

a. Number and location of curb cuts. The number and location of curb cuts will be determined by the Director.

b. Curb cut width. Curb cut width in Industrial zones shall be provided as follows:

(1) When the curb cut provides access to a parking area or structure it must be a minimum of fifteen (15) 15 feet wide and a maximum of thirty (30) 30 feet wide.

(2) When the curb cut provides access to a loading berth, the maximum width of thirty (30) 30 feet set in subsection F3b(1) may be increased to fifty (50) 50 feet.

(3) Within the minimum and maximum widths established by this subsection, the Director shall determine the size of the curb cuts.

4. Curb cuts for access easements.

a. When 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.

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.

5. Curb cut flare. A flare with a maximum width of two and one-half (2 1/2) 2.5 feet is permitted on either side of curb cuts in any zone.

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.

* * *

Section 67. Section 23.47A.029 of the Seattle Municipal Code, relating to storage space for solid waste and recyclable materials, which section was last amended by ordinance 122311, is repealed.

Section 68. Section 23.49.025 of the Seattle Municipal Code, as last amended by Ordinance 122054 is amended to delete Subsection D, as follows:

* * *

D. Solid waste and recyclable materials storage space.

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.

2. The design of the storage space shall meet the following requirements:

a. The storage space shall have no dimension (width and depth) less than six (6) feet;

b. The floor of the storage space shall be level and hard-surfaced (garbage or recycling compactors require a concrete surface); and

c. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.

3. The location of the storage space shall meet the following requirements:

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;

b. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure;

c. The storage space shall not block or impede any fire exits, public rights-of-ways or any pedestrian or vehicular access; and

d. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments.

4. Access to the storage space for occupants and service providers shall meet the following requirements:

a. For rear-loading containers:

(1) Any ramps to the storage space shall have a maximum slope of six (6) percent, and

(2) Any gates or access routes shall be a minimum of six (6) feet wide; and

b. For front-loading containers:

(1) Direct access shall be provided from the alley or street to the containers,

(2) Any proposed gates or access routes shall be a minimum of ten (10) feet wide, and

(3) When accessed directly by a collection vehicle into a structure, a twenty-one (21) foot overhead clearance shall be provided.

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.

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:

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

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.

Seattle Municipal Code

Chart 23.49.025 A

Structure Type Structure Size Minimum Area Container Type for Storage Space Multifamily* 7--15 units 75 square feet Rear-loading 16--25 units 100 square feet Rear-loading 26--50 units 150 square feet Front-loading 51--100 units 200 square feet Front-loading More than 100 units 200 square feet Front-loading plus 2 square feet for each additional unit Commercial* 0--5,000 square feet 82 square feet Rear-loading 5,001--15,000 square feet 125 square feet Rear-loading 15,001--50,000 square feet 175 square feet Front-loading 50,001--100,000 square feet 225 square feet Front-loading 100,001--200,000 square feet 275 square feet Front-loading 200,001 plus square feet 500 square feet Front-loading * 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.

Section 69. A new Section 23.54.040 is added to the Seattle Municipal code as follows:

23.54.040 Solid waste and recyclable materials storage and access

A. Storage space for solid waste and recyclable materials containers shall be provided for all new structures permitted in downtown, multifamily and NC or C zones and for existing structures when expanded by two or more units as shown in Table A for 23.54.040.

Table A for 23.54.040, Storage for residential and nonresidential development*

Residential Development Minimum Area for Storage Space 2-15 units 150 square feet 16-25 units 225 square feet 26-50 units 375 square feet 51-100 units 375 square feet plus 4 square feet for each additional unit above 51 More than 100 units 575 square feet plus 4 square feet for each additional unit above 100, except as permitted in Subsection C

Nonresidential Development Minimum Area for Storage Space 0--5,000 square feet 82 square feet 5,001--15,000 square feet 125 square feet 15,001--50,000 square feet 175 square feet 50,001--100,000 square feet 225 square feet 100,001--200,000 square feet 275 square feet 200,001 plus square feet 500 square feet

*Mixed use development, with both residential and nonresidential use, shall meet the requirements of subsection B.

B. Mixed use development shall meet the storage space requirements shown in the table for residential development, plus 50 percent of the requirement for nonresidential development. In mixed use development, storage space for garbage may be shared between residential and nonresidential uses, but separate spaces for recycling shall be provided.

C. For development with more than 100 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.

D. The design of the storage space shall meet the following requirements:

1. The storage space shall have no horizontal dimension (width and depth) less than 12 feet;

2. The floor of the storage space shall be level and hard-surfaced (garbage or recycling compactors require a concrete surface); and

3. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.

E. The location of the storage space shall meet the following requirements:

1. 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 facade of the structure and the street;

2. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure;

3. The storage space shall not block or impede any fire exits, any public rights-of-ways or any pedestrian or vehicular access;

4. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments;

5. The storage space shall meet the contractor safety standards promulgated by the Director of Seattle Public Utilities; and

6. The storage space shall not be used for purposes other than solid waste and recyclable materials storage and access.

F. Access to the storage space for occupants and service providers shall meet the following requirements:

1. For containers 2 cubic yards or smaller:

a. Containers to be manually pulled shall be placed no more than 50 feet from a curbcut or collection location;

b. Collection location shall not be within a bus stop or the sole travel lane for a bus;

c. Access ramps to the storage space shall not exceed a grade of 6 percent; and

d. Any proposed gates or access routes for trucks shall be a minimum of 10 feet wide.

2. For containers larger than 2 cubic yards and all compacted refuse containers:

a. Direct access shall be provided from the alley or street to the containers;

b. Any proposed gates or access routes for trucks shall be a minimum of 10 feet wide;

c. Collection location shall not be within a bus stop or the sole travel lane for a bus;

d. When accessed directly by a collection vehicle, whether into a structure or otherwise, a 21 foot overhead clearance shall be provided.

G. The solid waste and recyclable materials storage space specifications required in this section, including the number and sizes of containers, shall be included on the plans submitted with the permit application.

H. The Director, in consultation with the Director of Seattle Public Utilities, has the discretion to grant departures from the requirements of this section, as a Type I Master Use Permit decision, under the following circumstances:

1. When either:

a. The applicant can demonstrate difficulty in meeting any of the requirements of this section; or

b. The applicant proposes to expand a structure, and the requirements of this section conflict with opportunities to increase residential densities and/or retain ground-level retail uses; and

2. When the applicant proposes alternative, workable measures that meet the intent of this section.

Section 70. Subsection B of Section 23.72.008 of Section of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.72.008 Uses permitted in specified areas within the Sand Point Overlay District.

* * *

B. Uses Permitted Within Portions of Subarea B Lowrise 3 as Depicted on Map A. In addition to the uses permitted outright in accordance with pursuant to Section 23.45.006504, the following principal uses are permitted outright within structures existing as of July 18, 1997, in the portions of Subarea B zoned L3:

1. Food processing;

2. Horticulture;

3. Institutions, except hospitals;

4. Lecture and meeting halls;

5. Medical service uses;

6. Offices; and

7. Restaurants.

* * *

Section 71. Subsection "Apartment" of Section 23.84A.002 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.84A.002 Definitions "A"

* * *

"Apartment" means a multi-family structure in which one (1) or more of the dwelling units is not ground-related a stacked flat unit.

* * *

Section 72. A new Subsection "Carriage house structure" is added and Subsections "Clerestory" and "Cluster development" of Section 23.84A.006 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, are amended as follows:

23.84A.006 Definitions "C"

* * *

"Carriage house structure" means a structure within a cottage housing development that includes parking in an enclosed garage at ground level with one or more residential units on the floor above.

* * *

"Clerestory" means an outside wall of a building that rises above an adjacent roof of that building and contains vertical windows. Clerestories function so that light is able to penetrate below the roof of the structure.

* * *

"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.

* * *

Section 73. Subsection "Dormer" of Section 23.84A.008 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.84A.008 Definitions "D"

* * *

"Dormer" means a minor gable in projection from a pitched roof, usually bearing a window on its vertical face. A dormer is part of the roof system.

* * *

Section 74. Subsection "Flat" of Section 23.84A.012 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.84A.012 Definitions "F"

* * *

"Flat" means a dwelling unit that is located entirely on one (1) level in a multi-family structure. A stacked flat is a flat on top of or under another flat or other type of dwelling unit.

* * *

Section 75. Section 23.84A.014 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended to delete two subsections as follows:

23.84A.014 "G."

* * *

"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.

"Ground-related structure" means a structure containing only ground-related dwelling units.

* * *

Section 76. Subsection "Multifamily structure" of Section 23.84A.025 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.84A.025 Definitions "M"

* * *

"Multifamily structure" See "Residential use." means a structure or portion of a structure containing two or more dwelling units, excluding single family and accessory dwelling units.

* * *

Section 77. Subsection "Open space, private usable" of Section 23.84A.028 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.84A.028 "O."

* * *

"Open space, private usable" means usable open space that is intended to be used only by the occupants of one ground-related dwelling unit.

* * *

Section 78. Subsection "Porch" of Section 23.84A.030 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.84A.030 "P."

* * *

"Porch" means an elevated platform extending from a wall of a principal structure, with steps or ramps to the ground providing access by means of a usable doorway to the structure. A porch may also be called a stoop. A porch may be connected to a deck. (See also "Deck.")

* * *

Section 79. Subsection "Residential use" of Section 23.84A.032 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended and a new subsection "Roof plane" is added as follows:

23.84A.032 Definitions "R."

* * *

"Residential use" means any one (1) or more of the following:

1. "Accessory dwelling unit" means a residential use inan additional room or set of rooms located within an owner-occupied single family structure or within an accessory structure on the same lot as an owner-occupied single-family residencedwelling unit, meeting the standards of Section 23.44.041 and designed, arranged, occupied or intended to be occupied by not more than one (1) household as living accommodations independent from any other household.

2. "Adult family home" means a residential use as defined and licensed as such by The State of Washington in a dwelling unit.

3. "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.

4. "Assisted living facility" means a use licensed by The State of Washington as a boarding home pursuant to RCW 18.20, 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.

5. "Caretaker's quarters" means a use accessory to a nonresidential use consisting of a dwelling unit not exceeding eight hundred (800) 800 square feet of living area and occupied by a caretaker or watchperson.

6. "Carriage House" means a residential use in a carriage house structure.

7. "Congregate residence" means a use in which rooms or lodging, with or without meals, are provided for nine (9) or more non-transient persons not constituting a single household, excluding single-family residencesdwelling units for which special or reasonable accommodation has been granted.

7. 8. "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 residencedwelling unit, meeting the standards of Section 23.44.041 and designed, arranged, occupied or intended to be occupied by not more than one (1) household as living accommodations independent from any other household.

8. 9. "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 violence.

9. 10. "Floating home" means a dwelling unit constructed on a float, that is moored, anchored or otherwise secured in the water.

10. 11. "Mobile home park" means a use in which a tract of land is rented for the use of more than one (1) mobile home occupied as a dwelling unit.

11. 12. "Multifamily structure residential use" means a structure or that portion of a structure containing two (2) or more dwelling units, but does not include a single-family dwelling unit excluding single family residences and accessory dwelling units.

12. 13. "Nursing home" means a residence, licensed by the state, that 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.

13. 14. "Single-family residence dwelling unit" means a residential use in a detached structure having a permanent foundation,. containing one (1) dwelling unit, except that the The structure may also contain an accessory dwelling unit where expressly authorized pursuant to this title. A detached accessory dwelling unit is not considered a single-family residencedwelling unit for purposes of this chapter.

* * *

"Roof plane" means a section of the roof system divided from another section by a gap, exterior wall, roof apex, or change in the horizontal angle of the plane. Changes in 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 80. Subsection "Tandem houses," "Terraced housing" and "Townhouse" of Section 23.84A.038 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, are amended as follows:

23.84A.038 Definitions "T"

"Tandem houses" means two (2) unattached ground-related dwelling units occupying the same lot.

* * *

"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.

* * *

"Townhouse" means a form of ground-related multifamily housing in which individual dwelling units are attached along at least one (1) common wall to at least 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. Townhouse development may include common or shared features such as parking garages or residential amenities, including open space.

* * *

Section 81. Subsection A of Section 23.86.006 of the Seattle Municipal Code, which section was last amended by Ordinance 121476, is amended as follows:

23.86.006 Structure height.

A. Height Measurement Technique in All Zones Except Downtown Zones and

Within the South Lake Union Hub Urban Village.

1. Except as provided for multifamily zones in subsection 2, 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.

2. In multifamily zones, when measuring height for interior facades facing parking area below existing grade and perimeter facades when a driveway providing access to parking below existing grade is located between the perimeter facade and a property line, the height shall be measured from the existing grade when the area is screened according to the provisions of 23.45.524 (see Exhibit A for 23.86.006, Height Measurement for Interior Facades Facing Parking Areas and Driveways).

Exhibit A for 23.86.006, Height Measurement for Interior Facades Facing Parking Areas and Driveways

2 3. 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).

3 4. 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 in determining structure height when in combination they comprise less than fifty percent (50%) 50 percent of the facade on which they are located. When features are disregarded, In such cases, the grade for height measurement purposes shall be a line between the grade on either side of the depression.

4. 5. 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.

5. 6. 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.

* * *

Section 82. Section 23.86.007 of the Seattle Municipal Code, which section was last amended by Ordinance 115326, is amended as follows:

23.86.007 Gross floor area and floor area ratio.

A. Certain items may be exempted from calculation of gross floor area of a structure. Except as otherwise expressly provided in this Title, W when gross floor area below grade is exempted, the amount of below-grade floor area shall be is measured as follows:

1. The existing grade of the lot shall be established by the elevations of the perimeter lot lines of the lot.

2. To determine the amount of gross floor area which that is below grade, find the point where the ceiling or other point, as specified in the applicable chapter, 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 is considered below-grade (see Exhibit 23.86.007 A).

B. Public rights-of-way shall not be are not considered part of a lot when

calculating floor area ratio; provided except that when dedication of right-of-way is required, permitted floor area ratio shall be is calculated before the dedication is made including the area dedicated in lot area.

Section 83. Section 23.86.012 of the Seattle Municipal Code, which section was last amended by Ordinance 115326, is amended as follows:

23.86.012 Setbacks in multifamily zones.

A. Front Setbacks.

1. Determining Front Setbacks Requirements. Front setback requirements are presented in the development standards for each zone. Where the minimum required front setback is to be determined by averaging the setbacks of structures on either side of the subject lot, the following provisions shall apply:

a. The required depth of the front setback shall be is the average of the distances 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 23.86.012 A).

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.

b. When the first principal structure within 100 feet of a side lot line of the subject lot is not on the same block front or when there is no principal structure within 100 feet of the side lot line, the setback depth used for averaging purposes on that side is 10 feet.

c. For averaging purposes, 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.

d. When 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.

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').

f. e. When 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, the setback depth used for averaging purposes on that side shall be is twenty feet (20') 20 feet.

g. f. In cases where the street is very steep or winding, the Director shall will determine which adjacent structures should be used for averaging purposes.

h. g. 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 shall be applied for apply to each street frontage separately.

i. h. 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.

2. Front Setback Averaging. In certain zones the required front setback may be averaged. In such cases the following provisions shall apply:

a. The average distance from the front lot line to the facade shall must satisfy the minimum front setback requirement. The front setback shall be is averaged for the entire width of the structure, except that areas which that are farther than three (3) times the required front setback from the front lot line shall not be are not calculated in the front setback.

b. Portions of the facade at existing grade shall be are used in determining the average setback.

c. Projections of the front facade which that begin at least eight feet (8') 8 feet above finished grade and project four feet (4') 4 feet or less from the lower portion of the facade shall not be are not included in the setback averaging. For such projections which that project more than four feet (4') 4 feet from the lower portion of the facade, only the first four feet (4') shall be 4 feet is exempt from the averaging calculation. This provision applies to such features as cantilevered floor area, decks, and bay windows. Eaves, gutters and cornices are not permitted to project eighteen inches (18") beyond any front facade without being counted in averaging.

3. Measuring Street-facing Setbacks for Institutions and Public Facilities in Multifamily Zones.

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.

b. This average setback shall be is calculated by dividing the three (3) dimensional volume of setback by the area of the structure facade.

(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

(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)

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'):

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.

2. The rear setback shall be averaged for the entire width of the structure.

C. B. Side Setbacks.

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.

2. Side Setback Averaging. In certain cases where specifically permitted, the When a side setback requirement may be satisfied by includes averaging the distance from side lot line to structure facade for the depth of the structure . In those cases the following provisions shall apply the following applies:

a.1. The side setback shall be is measured horizontally from side lot line to the side facade of the structure.

b.2. Theis side setback shall be is averaged for the entire depth of the structure, except that areas which that are farther than two (2) times the required average side setback from the side lot line shall not be are not counted as part of the side setback (Exhibit 23.86.012 C.)

C. Setbacks D. Separations Between Structures in Cluster Developments on Lots With Multiple Structures. Required setbacks in cluster developments separations between structures 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 that face each other. In those cases the following provisions apply applies:

1. The setback shall be separation is measured horizontally from one (1) facade to the other.

2. The setback shall be separation is averaged across the width of those portions of the facades which face each other.

Section 84. Section 23.86.014 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:

23.86.014 Structure width.

A. Structure width is measured as follows: shall be measured by the following method:

1. Draw a rectangle that encloses the principal structure.

2. Structure width shall be is the length of the side of that rectangle most closely parallel to the front lot line (Exhibit 23.86.014 A).

B. Portions of a structure which shall be considered part of the principal structure for the purpose of measuring structure width are as follows:

1. Carports and garages attached to the principal structure unless attached by a structural feature not counted in structure width under subsection C;

2. Exterior corridors, hallways or open, above-grade walkways , except portions which are elevated walkways connecting structures in a cluster development;

3. Enclosed porches, decks, balconies and other enclosed projections;

4. Chimneys, up to 18 inches of projection used to meet modulation requirements; and

5. Modulated and projecting segments of a facade unless excluded in subsection C.

C. Portions of a structure which shall not be that are notconsidered part of the principal structure for the purpose of measuring structure width are as follows:

1. Eaves, cornices and gutters, up to 18 inches of projection provided that 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;

2. The portion of elevated walkways connecting buildings in cluster developments;

3. 2. Chimneys, up to 18 inches of projection not used to meet modulation requirements provided that only eighteen (18) inches shall be excluded in the measurement of structure width;

4. 3. Attached solar greenhouses meeting minimum energy conservation standards administered by the Director;

5. 4.Unenclosed decks, balconies and porches, ten (10) 10 feet or less above existing grade, unless located on the roof of an attached garage or carport included in structure width in subsection B1 of this section;

6. 5. Unenclosed decks, balconies and porches, more than ten (10) 10 feet above existing grade, provided that when such features project more than four (4) 4 feet from an exterior wall, only four (4) 4 feet shall be is excluded in from the measurement of structure width . Such features shall be excluded whether or not used to meet modulation requirements; and

7. 6. Arbors, trellises and similar features.

Section 85. Section 23.86.016 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:

23.86.016 Structure depth.

A. Measuring Structure Depth. In certain zones structure depth is limited by development standards. The following provisions shall apply for determining structure depth:

1. Structure depth shall be is measured as follows: by the following method:

a. Draw a rectangle that encloses the principal structure.

b. Structure depth shall be is the length of the sides of that rectangle most closely parallel to the side lot lines (Exhibit 23.86.016 A).

c. In Lowrise Residential zones when 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) 10 feet, the maximum depth of each structure shall be is measured individually. (See Exhibit 23.86.016 B.) When any portion of a structure is behind any portion of another structure then maximum structure depth shall be is the combined depth of the structures on the lot.

2. Portions of a structure which shall be considered part of the principal structure for the purpose of measuring structure depth are as follows include:

a. Carports and garages attached to the principal structure unless attached by a structural feature not counted in structure depth under subsection A3;

b. Exterior corridors, hallways or open, and abovegrade walkways , except portions which are elevated walkways connecting structures in a cluster development;

c. Enclosed porches, decks, balconies and other enclosed projections;

d. Chimneys, up to 18 inches of projection. used to meet modulation requirements;

e. Modulated and projecting segments of a facade unless excluded in subsection A3;

f. Accessory structures which are less than three (3) 3 feet from the principal structure at any point.

3. Portions of a structure which shall not be are not considered part of the principal structure for the purpose of measuring structure depth include:

a. Eaves, cornices and gutters, up to 18 inches of projection provided that when such features project more than eighteen (18) inches from an exterior wall only eighteen (18) inches shall be excluded in the measurement of the structure depth;

b. The portion of elevated walkways connecting buildings in a cluster development;

c. b. Chimneys, up to 18 inches of projection. not used to meet modulation requirements provided that only eighteen (18) inches shall be excluded in the measurement of structure depth;

d. c. Attached solar greenhouses meeting minimum energy conservation standards administered by the Director;

e. d. Unenclosed decks, balconies and porches, ten (10) 10 feet or less in height, unless located on the roof of an attached garage or carport included in structure depth in subsection A2a;

f. e. Unenclosed decks, balconies and porches, more than ten (10) 10 feet above existing grade, provided that when such features project more than four (4) 4 feet from an exterior wall only four (4) 4 feet shall be are excluded in the measurement of structure depth. Such features shall be excluded whether or not used to meet modulation requirements.

B. Determining Maximum Permitted Structure Depth. In certain zones, structure depth is limited to a percentage of lot depth. For those cases the following provisions shall apply:

1. When the lot is essentially rectangular and has a rear lot line which is within fifteen (15) 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 23.86.016 C).

2. When the lot is triangular or wedge-shaped, lot depth shall be is the horizontal distances 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 the midpoint of the front lot line to the midpoint of the rear lot line (Exhibit 23.86.016 C).

3. In the case of a through lot, lot depth shall be is measured between the midpoints of each front lot lines.

4. When lot shape is so irregular that provisions 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 tobe greater than the distance from front lot line to the furthest point on the perimeter of the lot (Exhibit 23.86.016 D).

C. Measuring Structural Depth Exceptions. In certain zones, exceptions permit increased structure depth. For those cases total permitted lot coverage shall equals maximum width times maximum depth, less the area required for modulation, according to the following provisions:

1. Maximum width shall be is 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.

2. Maximum depth shall be considered to be is the percentage of lot depth permitted for the proposed housing type development.

3. The area of minimum required modulation shall be is subtracted from the calculation to determine maximum lot coverage permitted.

4. Eaves, and unenclosed decks, balconies and porches, shall not be are not calculated as part of lot coverage, provided that when such features project more than four (4) 4 feet from an exterior wall only four (4) 4 feet shall be is excluded from the lot coverage calculation.

Section 86. Section 23.86.020 of the Seattle Municipal Code, which section was last amended by Ordinance 110570, is amended as follows:

23.86.020 Modulation.

Modulation is one method of complying with the design standard provisions of 23.45.530 D. criteria are described in the development standards for each multifamily residential zone. The following provisions describe how measurements shall be are made in determining whether modulation requirements have been met the intent of modulation requirements are met.

A. Modulation Width.

1. Modulation width shall be is the width of a facade segment between the points at which adjacent segments begin to step forward or back (Exhibit 23.86.020 A).

2. Balconies and decks shall be are considered to be projections of the facade for the purpose of measuring modulation width.

3. The stepping forward or back in the of a facade between which modulation width is measured shall be sufficient to satisfy the any minimum modulation requirements for width and depth in the applicable Chapter. specified in the standard development requirements for the appropriate multi-family zone. Steps in the facade which that do not satisfy minimum modulation width or depth requirements shall not be are not considered to form a separate facade segment for the purpose of measuring maximum permitted facade areas modulation width, until such steps cumulatively satisfy the minimum dimension required.

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.

B. Modulation Depth.

1. Modulation depth shall be is the distance a facade segment steps forward or back from an adjacent facade segment (Exhibit 23.86.020 B).

2. Balconies and decks shall be are considered to be projections of the facade for the purpose of measuring modulation depth.

3. When portions of a facade which step forward or back, but do not satisfy the any minimum modulation width or depth specified in the applicable chapter, the standard development requirements for the appropriate multifamily zone, such these portions of facades shall not be considered to do not form a separate facade segment for the purpose of measuring modulation depth, until such steps cumulatively satisfy the minimum dimensions required.

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.

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:

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).

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).

C. In cases where the design of a structure is so unusual that the above provisions cannot be applied; for example, for wedgeshaped or curved facade projections; the Director will determine when requirements have been satisfied.

Section 87. Subsections B and D of Section 23.90.018 of the Seattle Municipal Code, which section was last amended by Ordinance 122611, are amended as follows:

23.90.018 Civil penalty.

* * *

B. Specific Violations.

1. Violations of Section 23.71.018 are subject to penalty in the amount specified in Section 23.71.018 H.

2. Violations of the requirements of Section 23.44.041C are subject to a civil penalty of Five Thousand Dollars ($5,000) $5,000.

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 awarded by the U.S. Green Building Council under any such applicable Ssections are subject to penalty in amounts determined under Section 23.49.020, and not to any other penalty.

4. Violations of Section 23.45.526 with respect to failure to demonstrate compliance with commitments to earn a LEED Silver rating awarded by the U.S. Green Building Council 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 E, and not to any other penalty.

* * *

D. Except in cases of violations of Section 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 or Built Green 4-Star ratings or satisfy alternative standards, the violator may show as full or partial mitigation of liability:

1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or

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.

E. Demonstration of green building certification pursuant to LEED Silver or Built Green 4-Star ratings for certain development in multifamily zones.

1. Applicability. This section applies whenever a commitment to earn a LEED Silver rating or a Built Green 4-Star rating, or a substantially equivalent standard, as approved by the Director, is a condition of a permit in a multifamily zone.

2. Demonstration of Compliance; Penalties.

a.. The applicant shall demonstrate to the Director the extent to which the applicant has complied with the commitment to meet the green building performance requirements no later than 90 days after issuance of final Certificate of Occupancy for the new structure, or such later date as may be allowed by the Director for good cause. Performance is demonstrated through an independent report from a third party.

i. For projects using the Built Green Multifamily Program the report will be produced by the Master Builders Association of King and Snohomish Counties or another independent entity approved by the Director and submitted by the applicant to the Director.

ii. For projects using a LEED rating system, the report will be produced by the U.S. Green Building Council or another independent entity approved by the Director and submitted by the applicant to the Director.

iii. For purposes of this section, if the Director approves a commitment to achieve a substantially equivalent standard, the terms "LEED Silver rating" or "Built Green 4-Star" shall mean such other standard.

b. Failure to submit a timely report regarding the green building performance rating from an approved independent entity by the date required is a violation of the Land Use Code. The penalty for such violation shall be $500 per day from the date when the report was due to the date it is submitted, without any requirement of notice to the applicant.

c. Failure to demonstrate, through an independent report as provided in this subsection, full compliance with the applicant's commitment to meet a green building performance requirement, is a violation of the Land Use Code. The penalty for each violation is assessed on a pass or fail basis and is based on a percentage of construction value at an amount determined as follows:

P = CV x 0.01, where: P is the penalty; CV is the Construction Value as set forth on the building permit for the new structure.

d. Failure to comply with the applicant's commitment to meet green building performance requirements is a violation of the Land Use Code independent of the failure to demonstrate compliance; however, such violation shall not affect the right to occupy any chargeable floor area, and if a penalty is paid in the amount determined under subsection E2 of this section, no additional penalty shall be imposed for the failure to comply with the commitment.

e. If the Director determines that the report submitted provides satisfactory evidence that the applicant's commitment is satisfied, the Director shall issue a certificate to the applicant so stating. If the Director determines that the applicant did not demonstrate compliance with its commitment to meet green building performance requirements in accordance with this section, the Director may give notice of such determination, and of the calculation of the penalty due, to the applicant.

f. If, within 90 days, or such longer period as the Director may allow for good cause, after initial notice from the Director of a penalty due under this subsection, the applicant shall demonstrate, through a supplemental report from the independent entity that provided the initial report, that it has made sufficient alterations or improvements to earn the required green building performance rating, then the penalty owing shall be eliminated or recalculated accordingly. The amount of the penalty as so redetermined shall be final. If the applicant does not submit a supplemental report in accordance with this subsection by the date required under this subsection, then the amount of the penalty as set forth in the Director's original notice shall be final.

g. Any owner, other than the applicant, of any lot on which the bonus development was obtained or any part thereof, shall be jointly and severally responsible for compliance and liable for any penalty due under this subsection.

3. Use of Penalties. A subfund shall be established in the City's General Fund to receive revenue from penalties under subsection E of this section. Revenue from penalties under that subsection shall be allocated to activities or incentives to encourage and promote the development of sustainable buildings. The Director shall recommend to the Mayor and City Council how these funds should be allocated.

Section 88. Subsection B of Section 23.90.020 of the Seattle Municipal Code, which section was last amended by Ordinance 122611, is amended as follows:

23.90.020 Criminal penalties.

* * *

B. A criminal penalty, not to exceed Five Thousand Dollars ($5,000) $5,000 per occurrence, may be imposed:

1. For violations of Section 23.90.002 D;

2. For any other violation of this Code for which corrective action is not possible, other than violations with respect to commitments to earn LEED Silver or Built Green 4-Starratings or satisfy alternative standards under SMC Sections 23.45.526, 23.49.011, 23.49.015, or 23.50.051; and

3. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this Code.

Section 89. Subsection A of Section 23.91.002 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:

23.91.002 Scope.

A. Violations of the following provisions of Seattle Municipal Code Title 23 shall be enforced under the citation or criminal provisions set forth in this Chapter 23.91:

1. Junk storage in residential zones (Sections 23.44.006, 23.44.040, 23.45.004, and 23.45.140 Chapter 23.45;

2. Construction or maintenance of structures in required yards or setbacks in residential zones (Sections 23.44.014, 23.44.040, 23.45.005, 23.45.014, 23.45.056, and 23.45.072 and Chapter 23.45;

3. Parking of vehicles in a single-family zone (Section 23.44.016);

4. Keeping of animals (Section 23.42.050; and

5. Home occupations (Section 23.42.052.

* * *

Section 90. Subsection M of Section 25.05.675 of the Seattle Municipal Code, which section was last amended by Ordinance 121792, is amended as follows:

25.05.675 Specific environmental policies.

* * *

M. Parking.

1. Policy Background.

a. Increased parking demand associated with development projects may adversely affect the availability of parking in an area.

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.

2. Policies.

a. It is the City's policy to minimize or prevent adverse parking impacts associated with development projects.

b. Subject to the overview and cumulative effects policies set forth in SMC Sections 25.05.665 and 25.05.670, the decisionmaker may condition a project to mitigate the effects of development in an area on parking; provided that:

i. No SEPA authority is provided to mitigate the impact of development on parking availability in the downtown zones;

ii. In the Seattle Mixed (SM) zone and for residential uses located within the Pike/Pine Urban Center Village, the First Hill/Capitol Hill Urban Center Village, the University District Northwest Urban Center Village, and the First Hill Urban Center Village, and the Station Area Overlay Districtno SEPA authority is provided for the decisionmaker torequire more parking than the minimum required by the Land Use Code;

iii. Parking impact mitigation for multifamily development, except in the Alki area, as described in subsection M2c below, may be required only where on-street parking is at capacity, as defined by Seattle Transportation or where the development itself would cause on-street parking to reach capacity as so defined.

c. For the Alki area, as identified on Exhibit 2, 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.

d. Parking impact mitigation for projects outside of downtown zones may include but is not limited to:

i. Transportation management programs;

ii. Parking management and allocation plans;

iii. Incentives for the use of alternatives to single-occupancy vehicles, such as transit pass subsidies, parking fees, and provision of bicycle parking space;

iv. Increased parking ratios, except for projects located within the Seattle Mixed (SM) zone, and residential uses located in the Pike/Pine Urban Center Village, the First Hill/ Capitol Hill Urban Center Village, the University District Northwest Urban Center Village, or the First Hill Urban Center Village, and the Station Area Overlay District; and

v. 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.

* * *

Section 91. 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.

Section 92. The following table shows the disposition of certain sections of existing Land Use Code provisions repealed or amended and recodified and provides an explanation.

Ordinance Section Existing Land Use Code Section Reference Notes

Section 26 23.44.017 (standards for public schools in single family zones) The existing code provisions for public schools in single family and multifamily zones were duplicated in both chapters. This ordinance uses the provisions of 23.44.017 as the basis for a new chapter, 23.51B, which consolidates these provisions in one place.

Section 27 23.45.112 (standards for public schools These provisions are now to be located in 23.51B. in multifamily zones)

Sections 28 and 29 23.44.036 (provisions for public facilities These provisions are now to be located in 23.51A. in single family zones) and 23.45.106 (provisions for public facilities in multifamily zones.

Section 32 23.45.004, Principal uses permitted outright These provisions are amended and recodified as a new Section 23.45.504.

Section 33 23.45.116, Administrative conditional uses These provisions are amended and recodified as a new Section General provisions. 23.45.506.

Section 35 23.45.006, General development standards These provisions are amended and recodified as a new Section for structures in multifamily zones. 23.45.008, General provisions. Provisions for trash and recycling are moved to a new Section 23.54.040.

Section 36 23.45.007, Transportation concurrency The existing section, which was a reference to 23.52, is repealed and levels-of-service standards. moved into new Section 23.45.508.

Section 41 23.45.011, Structure width and depth These provisions are repealed. New width and depth standards for Lowrise zones. lots greater than 9,000 square feet are proposed in new Section 23.45.528.

Section 53 23.45.144, swimming pools. These provisions are amended and recodified to be located in a new general Section 23.45.538 for accessory uses, including pools.

Section 56 N.A. Existing standards for cottage housing are interspersed throughout the existing multifamily code. This new Section 23.45.552 contains all standards for this housing type.

Section 57 Section 23.45.090, Existing provisions for institutions are contained in several Institutions sections within the existing multifamily code. The proposal amends General provisions. and consolidates provisions in 23.45.554.

Section 58 23.45.047 These existing sections contain the standards for development in 23.45.060 Midrise zones, and are proposed to be consolidated 23.45.060 in provisions addressing specific standards, such as height limits, throughout the new Multifamily Chapter.

Section 59 23.45.064, 23.45.066 and These existing sections contain the standards for development in 23.45.070 23.45.076 Highrise zones, and are proposed to be consolidated in provisions addressing specific standards, such as height limits, throughout the new Multifamily Chapter.

Section 60 23.45.080 23.45.088, 23.45.092 These existing sections contain the standards for various uses permitted 23.45.102 and 23.45.108 outright, such as institutions, and are proposed to be relocated to new sections in the new Multifamily Chapter. Section 61 23.45.122 23.45.126 These sections address specific uses permitted as administrative conditional uses and are proposed to be relocated to new sections in the new Multifamily Chapter.

Section 62 23.45.140, 23.45.142, 23.45.146, These existing sections contain the provisions for various accessory 23.45.150, 23.45.154 and 23.45.160 23.45.066 uses and are proposed to be relocated to new sections in the new Multifamily Chapter.

Section 93. 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 ________________________, 2009, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2009. _________________________________ President __________of the City Council

Approved by me this ____ day of _____________________, 2009. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2009. ____________________________________ City Clerk Attachment 1 Multifamily Chapter 23.45

September 10, 2008 version 1

Attachment 1: SMC Chapter 23.45 last amended by Ordinance 122311

23.45 -Residential, Multi-family (text only, no exhibits are reproduced)

23.45.002 Scope of provisions.

A. This chapter details those authorized uses and their development standards which are or may be permitted in the seven (7) multifamily residential zones: for the following zones:

Lowrise Duplex/Triplex (LDT), Lowrise 1 (L1), Lowrise 2 (L2), Lowrise 3 (L3), Lowrise 4 (L4), Midrise (MR), Midrise/85' (MR/85'), and Highrise (HR).

B. 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.

C. In addition to the provisions of this chapter, certain multifamily areas may be regulated by Overlay Districts, Chapter 23.59.

23.45.004 Principal uses permitted outright.

A. The following principal uses shall be permitted outright in all

multifamily zones:

1. Single-family dwelling units; 2. Multifamily structures; 3. Congregate residences; 4. Adult family homes; 5. Nursing homes; 6. Assisted living facilities; 7. Institutions meeting all development standards; 8. Major Institution and Major Institution uses within Major Institution Overlay Districts subject to Chapter 23.69; 9. Public facilities meeting all development standards; and 10. Parks and open space including customary buildings and activities. B. In Midrise and Highrise zones certain ground-floor business and commercial uses are permitted outright according to the provisions of Section 23.45.110.

C. Uses in existing or former public schools:

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 shall be permitted in existing or former public schools.

2. Other nonschool uses shall be 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.

D. Medical service use, meeting the development standards for institutions, shall be permitted outright on property conveyed by a deed from the City which, at the time of conveyance, restricted the property's use to a health care or health-related facility.

23.45.005 Development standards for single-family structures.

A. Except for cottage housing developments, single-family structures shall be subject to the development standards for groundrelated housing, except that open space shall be provided according to the provisions for single-family structures in each zone, in Section 23.45.016 of this chapter.

B. Certain additions may extend into a required setback when an existing single-family structure is already nonconforming with respect to that setback where the presently nonconforming section is 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, which may extend up to the height limit and may include basement additions (Exhibit 23.45.005A). New additions to a nonconforming wall or walls shall comply with the following requirements:

1. When it is a side wall, it is at least three (3) feet from the side property line;

2. When it is a rear wall, it is at least ten (10) feet from the rear property line or centerline of an alley abutting the rear property line;

3. When it is a front wall, it is at least ten (10) feet from the front property line.

C. Cottage housing developments shall be permitted outright in Lowrise Duplex/Triplex and Lowrise 1 zones when conforming to the requirements contained in Sections 23.45.006 through 23.45.018 and the following:

1. Cottage housing developments shall contain a minimum of four (4) cottages arranged on at least two (2) sides of a common open space, with a maximum of twelve (12) cottages per development; and

2. The total floor area of each cottage shall not exceed either 1.5 times the area of the main level or nine hundred seventyfive (975) square feet, whichever is less. Enclosed space in a cottage located either above the main level and more than twelve (12) feet above finished grade, or below the main level, shall be limited to no more than fifty (50) percent of the enclosed space of the main level, or three hundred seventy-five (375) square feet, whichever is less. This restriction applies regardless of whether a floor is proposed in the enclosed space, but shall not apply to attic or crawl spaces.

D. An accessory dwelling unit in an established single-family dwelling shall be considered an accessory use to the single-family dwelling, 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.

23.45.006 General development standards for structures in multifamily zones.

A. Included within Sections 23.45.006 through 23.45.166 are the development standards for structures in each multifamily zone. These standards shall also apply to uses accessory to multifamily structures unless specifically modified by development standards for those accessory uses.

B. All structures or uses shall be built or established on a lot or lots. More than one (1) principal structure or use on a lot shall be permitted.

C. The development standards of each zone shall be applied in that zone, and may not be used in any other zone, unless otherwise specified.

D. An exception from one (1) specific standard does not relieve the applicant from compliance with any other standard.

E. Methods for measurements are provided in Chapter 23.86. Requirements for streets, alleys and easements are provided in Chapter 23.53. Standards for parking access and design are provided in Chapter 23.54. Standards for permitted signs are provided in Chapter 23.55.

F. In Lowrise 1 zones all multifamily structures shall be ground-related units, except that apartments are permitted on a lot whose platted width as of the effective date of the ordinance codified in this section1 is less than forty (40) feet, or in a structure existing as of January 26, 1990 where density limits of the zone would not be exceeded and new floor area would not be added. The requirements of this subsection shall not be eligible for a variance according to the provisions of Section 23.40.020.

G. A structure occupied by a permitted use other than singlefamily or multifamily residential use may be partially or wholly converted to single-family or multifamily residential use even if the structure does not conform to the development standards for residential uses in the multifamily zones. One (1) unit may be added without a parking space according to provisions of Section 23.54.020. If the only use of the structure will be residential and if two (2) or more units are being created and there is no feasible way to provide the required parking, then the Director may authorize reduction or waiver of parking as a special exception according to the standards of Section 23.54.020 E. Expansions of nonconforming converted structures and conversions of structures occupied by nonconforming uses shall be regulated by Sections 23.42.108 and 23.42.110.

H. When a subdivision is proposed for townhouses, cottage housing, clustered housing, or single-family residences in Lowrise zones, the subdivision shall be subject to the provisions of Section 23.24.045, Unit lot subdivisions.

I. When construction of townhouses, cottage housing, clustered housing, or single-family residences in Lowrise zones is proposed on a series of adjoining legally platted lots where each dwelling unit is contained within the existing boundaries of each existing lot, these lots may be sold as separate legal sites without unit subdivision approval but subject to the provisions of Section 23.24.045, Unit lot subdivisions.

J. Except as provided in subsections H and I above, multifamily zoned lots that have no street frontage shall be subject to the following for purposes of structure width, depth, modulation and setbacks:

1. For lots that have only one (1) alley lot line, the alley lot line shall be treated as a front lot line.

2. For lots that have more than one (1) alley lot line, only one (1) alley lot line shall be treated as a front lot line.

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 fifty (50) percent of the width of the lot.

K. Solid Waste and Recyclable Materials Storage Space.

1. Storage space for solid waste and recyclable materials containers shall be provided for all new 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.

Multifamily Minimum Area for Container Type Structure Size Storage Space 7-15 units 75 square feet Rear-loading containers 16-25 units 100 square feet Rear-loading containers 26-50 units 150 square feet Front-loading containers 51-100 units 200 square feet Front-loading containers More than 100 200 square feet plus Front-loading containers Units 2 square feet for each additional unit

2. The design of the storage space shall meet the following requirements:

a. The storage space shall have no minimum dimension (width and depth) less than six (6) feet;

b. The floor of the storage space shall be level and hard-surfaced (garbage or recycling compactors require a concrete surface); and

c. If located outdoors, the storage space shall be screened from public view and designed to minimize any light and glare impacts.

3. The location of the storage space shall meet the following requirements:

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;

b. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure;

c. The storage space shall not block or impede any fire exits, public rights-of-ways or any pedestrian or vehicular access; and

d. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments.

4. Access to the storage space for occupants and service providers shall meet the following requirements:

a. For rear-loading containers (usually two (2) cubic yards or smaller):

(1) Any proposed ramps to the storage space shall be of six (6) percent slope or less, and

(2) Any proposed gates or access routes shall be a minimum of six (6) feet wide; and

b. For front-loading containers (usually larger than two (2) cubic yards):

(1) Direct access shall be provided from the alley or street to the containers,

(2) Any proposed gates or access routes shall be a minimum of ten (10) feet wide, and

(3) When accessed directly by a collection vehicle into a structure, a twenty-one (21) foot overhead clearance shall be provided.

5. The solid waste and recyclable materials storage space specifications required in subsections K1, 2, 3, and 4 of this section, in addition to the number and sizes of containers, shall be included on the plans submitted with the permit application.

6. The Director, in consultation with the Director of Seattle Public Utilities, shall have the discretion to modify the requirements of subsections K1, 2, 3, and 4 of this section under the following circumstances:

a. When the applicant can demonstrate difficulty in meeting any of the requirements of subsections K1, 2, 3, and 4; or

b. When the applicant proposes to expand a multifamily building, and the requirements of subsections K1, 2, 3, and 4 conflict with opportunities to increase residential densities; and

c. When the applicant proposes alternative, workable measures that meet the intent of this section.

23.45.007 Transportation concurrency level-of-service standards.

Proposed uses in lowrise, midrise, and highrise multifamily zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

23.45.008 Density -Lowrise zones.

A. There shall be a minimum lot area per dwelling unit except as provided in subsections B, C and F of this section, as follows:

Lowrise Duplex/ - One (1) dwelling unit per two thousand (2,000) Triplex square feet of lot area. Lowrise 1 - One (1) dwelling unit per one thousand six hundred (1,600) square feet of lot area. Lowrise 2 - One (1) dwelling unit per one thousand two hundred (1,200) square feet of lot area. Lowrise 3 - One (1) dwelling unit per eight hundred (800) square feet of lot area. Lowrise 4 - One (1) dwelling unit per six hundred (600) square feet of lot area.

B. 1. In Lowrise 3 and Lowrise 4 zones, low-income disabled multifamily structures, low-income elderly multifamily structures and low-income elderly/low-income disabled multifamily structures, operated by a public agency or a private nonprofit corporation, shall have a maximum density as follows:

Lowrise 3 - One (1) dwelling unit per five hundred fifty (550) square feet of lot area. Lowrise 4 - One (1) dwelling unit per four hundred (400) square feet of lot area.

2. In order to qualify for the density provisions of this subsection B, a majority of the dwelling units of the structure shall be designed for and dedicated to tenancies of at least three (3) months.

3. The dwelling units shall remain as a low-income disabled multifamily structure, low-income elderly multifamily structure, or low-income elderly/low-income disabled multifamily structure for the life of the structure.

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.

D. In Lowrise Duplex/Triplex zones no structure shall contain more than three (3) dwelling units.

E. When dedication of right-of-way is required, permitted density shall be calculated before the dedication is made.

F. Adding Units to Existing Structures in Multifamily zones.

1. In all multifamily zones, one additional dwelling unit may be added to an existing multifamily structure regardless of the density restrictions in subsections A, B and C above. This provision shall only apply when the proposed unit is to be located entirely within an existing structure.

2. For the purposes of this subsection "existing structures" shall be those structures or portions of structures that were established under permit, or for which a permit has been granted and has not expired as of October 31, 2001.

23.45.009 Structure height -Lowrise zones.

A. Maximum Height. The maximum height permitted for all structures, except for cottage housing developments, shall be as follows:

Lowrise Duplex/Triplex - Twenty-five (25) feet Lowrise 1 - Twenty-five (25) feet Lowrise 2 -Twenty-five (25) feet Lowrise 3 - Thirty (30) feet Lowrise 4 - Thirty-seven (37) feet

B. Cottage Housing Height. The maximum height permitted for structures in cottage housing developments shall be eighteen (18) feet.

C. Pitched Roofs.

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)

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.

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)

4. No portion of a shed roof shall be permitted to extend beyond the maximum height limit under this provision.

D. Rooftop Features.

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 fifty (50) percent of their height above existing grade or, if attached only to the roof, no closer than fifty (50) percent of their height above the roof portion where attached, to any adjoining lot line.

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 four (4) feet above the maximum height limit set in subsection A of this section. For cottage housing developments, these rooftop features may extend four (4) feet above the eighteen (18) foot height limit.

3. For cottage housing developments, chimneys may exceed the height limit by four (4) feet or may extend four (4) feet above the ridge of a pitched roof.

4. Except in cottage housing developments, the following rooftop features may extend ten (10) feet above the maximum height limit established in subsection A so 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;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least five (5) feet from the roof edge;

d. Chimneys;

e. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.

5. For height exceptions for solar collectors, see Section 23.45.146, Solar collectors.

6. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection D6 at least ten (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:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Chapter 23.57.011;

f. Nonfirewall parapets;

g. Play equipment.

7. For height limits and exceptions for communication utilities and devices, Section 23.57.011.

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.

23.45.010 Lot coverage -Lowrise zones.

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:

1. For townhouses, the following lot coverage limits shall apply:

Lowrise duplex/Triplex - Forty-five (45) percent. Lowrise 1 - Fifty (50) percent. Lowrise 2 - Fifty (50) percent. Lowrise 3 - Fifty (50) percent. Lowrise 4 - Fifty (50) percent.

2. For all other structures, the following lot coverage limits shall apply:

Lowrise Duplex/Triplex - Thirty-five (35) percent. Lowrise 1 - Forty (40) percent. Lowrise 2 - Forty (40) percent. Lowrise 3 - Forty-five (45) percent. Lowrise 4 - Fifty (50) percent.

3. When townhouses and other structures are located on the same lot, the lot coverage shall be calculated as follows:

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

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

c. Add subsections A3a and A3b above, which equals the maximum lot coverage.

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.

C. Lot Coverage Exceptions. The following structures or portions of structures shall be exempted from the measurement of lot coverage:

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;

2. Ramps or other access for the disabled or elderly meeting Washington State Building Code, Chapter 11;

3. Fences, freestanding walls, bulkheads, signs and other similar structures;

4. An underground structure, or underground portion of a structure, on any part of the entire lot;

5. The first eighteen (18) inches of horizontal projection of eaves, cornices and gutters;

6. The first four (4) feet of horizontal projection from principal and accessory structures of unenclosed decks, balconies and porches;

7. Solar collectors meeting the provisions of Section 23.44.046 and swimming pools eighteen (18) inches or less above grade;

8. Decks or parts of a deck that are eighteen (18) inches or less above existing grade.

23.45.011 Structure width and depth Lowrise zones.

A. The maximum width and depth of structures shall be as provided in Table 23.45.011 A. (See Table 23.45.011 A.)

B. The minimum width for structures in Lowrise Duplex/Triplex zones shall be twenty (20) feet.

Table 23.45.011 A Structure Width and Depth in Lowrise Zones

Table 23.45.011 A Structure Width and Depth in Lowrise Zones

Multifamily Zone Maximum Building Width Without Modulation Maximum Building Maximum Building Depth Width With Modulation Lowrise Duplex/ 30 feet; or 40 feet with a principal 45 feet 60% depth of lot, but not to exceed 65 feet Triplex entrance facing a street

Lowrise 1 30 feet; or 40 feet with a principal 60 feet 60% depth of lot entrance facing a street

Lowrise 2 30 feet; or 40 feet with a principal Apartments and ground-related 50 feet entrance facing a street housing (except townhouses), Townhouses, 90 feet Apartments and ground 60% depth of lot related housing (except Townhouses, 65% depth of lot townhouses),

Lowrise 3 30 feet; or 40 feet with a Apartments and ground-related 75 feet principal entrance facing a street housing (except townhouses), Townhouses, 120 feet Apartments and ground-related housing including townhouses,65% depth of lot

Lowrise 4 30 feet; or 40 feet with a principal Apartments and ground-related 90 feet entrance facing a street housing (except townhouses), Townhouses, 150 feet 65% depth of lot

23.45.012 Modulation requirements Lowrise zones.

A. Front Facades.

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.

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)

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.

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.

D. Modulation Standards.

1. Lowrise Duplex/Triplex and Lowrise 1 Zones.

a. Minimum Depth of Modulation.

(1) The minimum depth of modulation shall be four (4) feet. (See Exhibit 23.45.012 B)

(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)

b. The minimum width of modulation shall be five (5) feet. (See Exhibit 23.45.012 B)

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.

2. Lowrise 2, Lowrise 3 and Lowrise 4 Zones.

a. Minimum Depth of Modulation.

(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.

(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)

b. The minimum width of modulation shall be five (5) feet. (See Exhibit 23.45.012 B)

c. Maximum Width of Modulation.

(1) The maximum width of modulation shall be thirty (30) feet.

(2) Exceptions to Maximum Width of Modulation in Lowrise 2, Lowrise 3 and Lowrise 4 Zones.

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.

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.

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.

23.45.014 Setback requirements -Lowrise zones.

A. Front Setback.

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:

Lowrise Duplex/Triplex - In no case shall the setback be less than five (5) feet and it shall not be required to exceed twenty (20) feet. Lowrise 1, Lowrise 2 and Lowrise 3 - In no case shall the setback be less than five (5) feet and it shall not be required to exceed fifteen (15) feet. Lowrise 4 - In no case shall the setback be less than five (5) feet and it shall not be required to exceed twenty (20) feet.

2. Cottage Housing Developments. The required front setback shall be a minimum of ten (10) feet.

3. Townhouses.

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.

b. No portion of a structure shall be closer to the front property line than five (5) feet.

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.

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.

B. Rear Setbacks. Rear setbacks shall be provided as follows:

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.

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.

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.

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.

C. Side Setbacks.

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:

TABLE 23.45.014 A Side Setbacks Lowrise Zones

Height of Side Facade at Highest Point in Feet 0-25' 26-30' 31-37' Structure Depth Average Side Setback Minimum Side Setback in Feet in Feet 65 or less 5 6 7 5'

66 to 80 6 6 8 5' 81 to 100 8 9 11 6' 101 to 120 11 12 14 7' 121 to 140 14 15 17 7' 141 to 160 17 18 20 8' 161 to 180 19 21 23 8' Greater than 180 1' in addition to 8' 180 for every 50' in depth

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:

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.

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.

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.

D. Required Setbacks for Cluster Developments.

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.

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:

Table 23.45.014 C Required Setback Between Facing Facades Lowrise Zones

Length of Facing Facades, Average Setback Between Minimum Setback in Feet Facing Facades (in Feet) (in Feet) 40 or less 10 10

41 to 60 15 10 61 to 80 20 10 81 to 100 25 10 101 to 150 30 10 151 or more 40 10

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:

a. One (1) elevated walkway shall be permitted to connect any two (2) structures in the development;

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;

c. All elevated walkways shall meet the following standards:

(1) The roof planes of elevated walkways shall be at different levels than the roofs or parapets of connected structures.

(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.

(3) The design of the walkways and the materials used shall seek to achieve a sense of openness and transparency.

(4) Elevated walkways shall add to the effect of modulation rather than detract from it.

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.

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.

F. Projections into Required Setbacks.

1. Special Features of a Structure.

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.

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.

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.

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.

2. Unenclosed Decks and Balconies.

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.

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.

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.

d. All permitted projections into required front and rear setbacks shall begin a minimum of eight (8) feet above finished grade.

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.

G. Structures in Required Setbacks.

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)

All such accessory structures, including garages, shall be no greater than twelve (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 twelve (12) feet.

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.

3. Uncovered, unenclosed pedestrian bridges, necessary for access and less than five (5) feet in width, are permitted in required front, side and rear setbacks.

4. Fences, Freestanding Walls, Bulkheads, Signs and Other Similar Structures.

a. Fences, freestanding walls, signs and other similar structures six (6) feet or less in height above existing or finished grade whichever is lower, are permitted in required front, side, or rear setbacks. The six (6) foot height may be averaged above 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 G4a above, according to the following:

i. No part of the structure may exceed eight (8) feet;

ii. 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.

5. Decks no more than eighteen (18) inches above existing or finished grade, whichever is lower, may project into required setbacks.

6. Underground structures are permitted in all setbacks.

7. Solar collectors are permitted in required setbacks, subject to the provisions of Section 23.45.146, Solar collectors.

8. Arbors. Arbors may be permitted in required setbacks under the following conditions:

a. In each required setback, 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 setback 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.

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.

23.45.015 Screening and landscaping requirements -Lowrise zones.

A. Quantity.

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.

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.

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. 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.

5. Exceptions.

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.

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.

B. Development Standards.

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:

a. Along street property lines;

b. Along property lines which abut single-family zoned lots;

c. Along alleys across from single-family zoned lots.

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.

3. Required landscaping shall meet standards promulgated by the Director.

C. Tree Requirements in Landscaped Areas in Lowrise Duplex/Triplex, Lowrise 1, and Lowrise 2 Zones.

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.

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.

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.

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.

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.

23.45.016 Open space requirements Lowrise zones.

A. Quantity of Open Space.

1. Lowrise Duplex/Triplex Zones.

a. Single-family Structures. A minimum of six hundred (600) square feet of landscaped area shall be provided, except for cottage housing developments.

b. Cottage Housing Developments. A minimum of four hundred (400) square feet per unit of landscaped area is required. This quantity shall be allotted as follows:

(1) A minimum of two hundred (200) square feet per unit shall be private usable open space; and

(2) A minimum of one hundred fifty (150) square feet per unit shall be provided as common open space.

c. Structures with Two Dwelling Units. At least one (1) unit shall have direct access to a minimum of four hundred (400) square feet of private, usable open space. The second unit shall also have direct access to four hundred (400) square feet of private, usable open space; or six hundred (600) square feet of common open space shall be provided on the lot.

d. Structures with Three Dwelling Units. At least two (2) units shall have direct access to a minimum of four hundred (400) square feet of private, usable open space per unit. The third unit shall have direct access to four hundred (400) square feet of private, usable open space; or six hundred (600) square feet of common open space shall be provided on the lot.

2. Lowrise 1 Zones.

a. Ground-related Housing.

(1) An average of three hundred (300) square feet per unit of private, usable open space, at ground level and directly accessible to each unit, shall be required, except for cottage housing developments. No unit shall have less than two hundred (200) square feet of private, usable open space. When a new unit that is not a ground-related unit is added to an existing structure, common open space at ground level shall be provided for the new unit. As long as the average per unit amount of open space is maintained at three hundred (300) square feet on the lot, a minimum of two hundred (200) square feet of common open space at ground level shall be provided for the unit but it does not have to be directly accessible to the unit.

(2) On lots with slopes of twenty (20) percent or more, decks of the same size as the required ground-level open space may be built over the sloping ground-level open space. In order to qualify for this provision, such decks shall not cover the open space of another unit, nor be above the living space of any unit. Decks may project into setbacks in accordance with subsection F of Section 23.45.014.

b. Apartments. An average of three hundred (300) square feet per unit of common open space, with a minimum of two hundred (200) square feet, shall be provided at ground level, but it does not have to be directly accessible to the unit.

c. Cottage Housing Developments. A minimum of three hundred (300) square feet per unit of landscaped area is required. This quantity shall be allotted as follows:

(1) A minimum of one hundred fifty (150) square feet per unit shall be private, usable open space; and

(2) A minimum of one hundred fifty (150) square feet per unit shall be provided as common open space.

3. Lowrise 2, Lowrise 3 and Lowrise 4 Zones.

a. Ground-related Housing.

(1) In Lowrise 2 and Lowrise 3 zones an average of three hundred (300) square feet per unit of private, usable open space, at ground level and directly accessible to each unit, shall be required. No unit shall have less than two hundred (200) square feet of private, usable open space.

(2) In Lowrise 4 zones a minimum of fifteen (15) percent of lot area, plus two hundred (200) square feet per unit of private usable open space, at ground level and directly accessible to each unit, shall be required. (3) On lots with slopes of twenty (20) percent or more, decks of the same size as the required ground-level open space may be built over the sloping ground-level open space. In order to qualify for this provision, such decks shall not cover the open space of another unit, nor be above the living space of any unit. Decks may project into setbacks in accordance with subsection F of Section 23.45.014.

b. Apartments.

(1) Lowrise 2 Zones. A minimum of thirty (30) percent of the lot area shall be provided as usable open space at ground level.

(2) Lowrise 3 and Lowrise 4 Zones.

i. A minimum of twenty-five (25) percent of the lot area shall be provided as usable open space at ground level, except as provided in subsection A3b(2)ii.

ii. A maximum of one-third ( 1/3) of the required open space may be provided above ground in the form of balconies, decks, individual unit decks on roofs or common roof gardens if the total amount of required open space is increased to thirty (30) percent of lot area.

B. Development Standards.

1. Lowrise Duplex/Triplex Zones and Ground-related Housing in Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones.

a. Lowrise Duplex/Triplex Zones-Private Usable Open Space.

(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.

(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.

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.

c. Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones-Ground-related Housing.

(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.

(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.

(3) At least fifty (50) percent of the required open space for a unit shall be level, provided that:

i. The open space may be terraced; and

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.

(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:

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

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.

(5) Lowrise 1 Zone-Cottage Housing Developments.

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.

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.

d. Required open space may be located in the front, sides or rear of the structure.

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 viewobscuring fences, freestanding walls or wingwalls.

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.

g. Required private usable open space shall be landscaped according to standards promulgated by the Director for ground-related dwelling units.

2. Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 ZonesApartments.

a. No horizontal dimension for required groundlevel open space shall be less than ten (10) feet.

b. Required open space is permitted in the front, sides or rear of the structure.

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.

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.

e. For cluster development, at least twenty (20) percent of the required open space shall be provided in one (1) contiguous area.

f. Terraced Housing on a Slope of Twenty-five (25) Percent or More.

(1) No horizontal dimension for required ground-level open space shall be less than ten (10) feet.

(2) Required open space is permitted in the front, sides or rear of the structure.

(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.

(4) In order to qualify as above-groundlevel 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.

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.

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.

C. Open Space Relationship to Grade.

1. The elevation of open space for ground-related housing must be within ten (10) feet of the elevation of the dwelling unit it serves. The ten (10) feet shall be measured between the finished floor level of the principal living areas of a dwelling unit and the grade of at least fifty (50) percent of the required open space. Direct access to the open space shall be from at least one (1) habitable room of at least eighty (80) square feet of the principal living areas of the unit. Principal living areas shall not include foyers, entrance areas, closets or storage rooms, hallways, bathrooms or similar rooms alone or in combination.

2. The grade of the open space can either be the existing grade or within eighteen (18) inches of existing grade. The portion of the open space which is within ten (10) feet of the unit shall include the point where the access to the open space from the unit occurs.

3. The elevation of private usable open space for Lowrise Duplex/Triplex structures must be within four (4) feet of the elevation of the dwelling unit it serves. The four (4) feet shall be measured between the finished floor level of the dwelling unit and the grade of at least fifty (50) percent of the required open space. The grade of the open space can either be the existing grade or within eighteen (18) inches of existing grade. The maximum difference in elevation at the point of access shall be four (4) feet.

23.45.017 Light and glare standards Lowrise zones.

A. Exterior lighting shall be shielded and directed away from adjacent properties.

B. Interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties.

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.

23.45.017 Light and glare standards Lowrise zones.

A. Exterior lighting shall be shielded and directed away from adjacent properties.

B. Interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties.

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.

23.45.018 Parking and access -Lowrise zones.

A. Parking Quantity. Parking shall be required as provided in Chapter 23.54.

B. Access to Parking.

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.

2. Street Access Required. Access to parking shall be from the street when:

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

b. The lot does not abut a platted alley; or

c. In Lowrise 3 zones, apartments are proposed across an alley from a Single-family or Lowrise Duplex/Triplex zone; or

d. In Lowrise 4 zones apartments are proposed across an alley from a Single-family, Lowrise Duplex/Triplex or Lowrise 1 zone.

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 folloing conditions are met:

a. Topography makes alley access infeasible;

b. In all zones except Lowrise Duplex/Triplex, ground-related housing is proposed across an alley from a Singlefamily zone;

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.

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.

C. Location of Parking.

1. Parking shall be located on the same site as the principal use.

2. Parking may be located in or under the structure, provided that:

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 landscapin g as provided in subsection D of Section 23.45.018 (see Exhibit 23.45.018 B.

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.

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.

a. Parking may be located between any structures on the same lot, except that for cottage housing developments, parking is not permitted between cottages.

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)

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 l ot 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)

d. Front and Street Side Lot Lines. Parking may be located between any structure and the front and street side lot lines, provided that:

(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.

(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.

(3) Parking may be located between the front lot line and a portion of a structure, provided that:

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)

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.

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.

4. Location of Parking in Special Circumstances.

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)

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:

(1) Lots proposed for ground-related housing with no feasible alley access and with:

i. Less than eighty (80) feet of street frontage, or

ii. Lot depth of less than one hundred (100) feet, or

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

(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; (3) On lots meeting the standards listed in subsections C4b(1) and C4b(2), the following variations may be permitted:

i. Ground-related Housing. Parking may be located between the structure and the front lot line,

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;

(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.

D. Screening of Parking.

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)

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).

3. Screening may also be required to reduce glare from vehicle lights, according to Section 23.45.017, Light and glare standards.

23.45.047 Midrise/85 zones.

All use and development standards applicable in Midrise zones shall be applicable in Midrise/85 zones, except that the permitted height limit shall be eighty-five (85) feet. Subsections 23.45.050B and C allowing additional height on sloping sites and for pitched roofs shall not apply.

23.45.048 Midrise -Structures thirty-seven feet or less in height.

A. Any structure thirty-seven (37) feet or less in height may be developed, at the applicant's option, according to the standards for multifamily structures in Lowrise 4 zones.

23.45.050 Midrise -Structure height.

A. Generally. The maximum height shall be sixty (60) feet.

B. Sloped Lots. On sloped lots, additional height shall be permitted along the lower elevation of the structure footprint, at the rate of one (1) foot for each six (6) percent of slope, to a maximum additional height of five (5) feet (Exhibit 23.45.050 A.

C. Pitched Roofs. The ridge of pitched roofs on principal structures may extend up to sixty-five (65) feet. All parts of the roof above sixty (60) feet must be pitched at a rate of not less than three to twelve (3:12) (Exhibit 23.45.050 B. No portion of a shed roof shall be permitted to extend beyond the sixty (60) foot height limit under this provision.

D. Rooftop Features.

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 fifty (50) percent of their height above existing grade or, if attached only to the roof, no closer than fifty (50) percent of their height above the roof portion where attached, to any adjoining lot line.

2. Railings, planters, skylights, clerestories, greenhouses, parapets and firewalls may extend four (4) feet above the maximum height limit set in subsections A and B of this section.

3. The following rooftop features may extend ten (10) feet above the maximum height limit set in subsections A and B of this section, so 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;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least five (5) feet from the roof edge;

d. Chimneys;

e. Sun and wind screens;

f. Penthouse pavilions for the common use of residents;

g. Greenhouses which meet minimum energy standards administered by the Director;

h. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.

4. For height exceptions for solar collectors, see Section 23.45.146, Solar collectors.

5. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection at least ten (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:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Section 23.57.011;

f. Nonfirewall parapets;

g. Play equipment;

h. Sun and wind screens;

i. Penthouse pavilions for the common use of residents.

6. For height limits and exceptions for communication utilities and devices, see Section 23.57.011.

23.45.050 Midrise -Structure height.

A. Generally. The maximum height shall be sixty (60) feet.

B. Sloped Lots. On sloped lots, additional height shall be permitted along the lower elevation of the structure footprint, at the rate of one (1) foot for each six (6) percent of slope, to a maximum additional height of five (5) feet (Exhibit 23.45.050 A).

C. Pitched Roofs. The ridge of pitched roofs on principal structures may extend up to sixty-five (65) feet. All parts of the roof above sixty (60) feet must be pitched at a rate of not less than three to twelve (3:12) (Exhibit 23.45.050 B). No portion of a shed roof shall be permitted to extend beyond the sixty (60) foot height limit under this provision.

D. Rooftop Features.

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 fifty (50) percent of their height above existing grade or, if attached only to the roof, no closer than fifty (50) percent of their height above the roof portion where attached, to any adjoining lot line.

2. Railings, planters, skylights, clerestories, greenhouses, parapets and firewalls may extend four (4) feet above the maximum height limit set in subsections A and B of this section.

3. The following rooftop features may extend ten (10) feet above the maximum height limit set in subsections A and B of this section, so 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;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least five (5) feet from the roof edge;

d. Chimneys;

e. Sun and wind screens;

f. Penthouse pavilions for the common use of residents;

g. Greenhouses which meet minimum energy standards administered by the

Director;

h. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.

4. For height exceptions for solar collectors, see Section 23.45.146, Solar collectors.

5. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection at least ten (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:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Section 23.57.011;

f. Nonfirewall parapets;

g. Play equipment;

h. Sun and wind screens;

i. Penthouse pavilions for the common use of residents.

6. For height limits and exceptions for communication utilities and devices, see Section 23.57.011.

23.45.052 Midrise -Structure width and depth.

A. Maximum Width.

1. The maximum width of a structure on a lot when the front facade is not modulated according to the standards of Section 23.45.054C shall be forty (40) feet. 2. When the front facade is modulated according to the standards of Section 23.45.054C, the maximum width of each structure on a lot shall be one hundred fifty (150) feet.

B. Maximum Depth.

1. The maximum depth of a structure shall be:

a. Ground-related housing: sixty-five (65) percent of the depth of the lot;

b. Terraced housing on slopes of twenty-five (25) percent or more: no maximum depth limit;

c. Apartments: sixty-five (65) percent of lot depth.

2. Exceptions to Maximum Depth Requirements. Structure depth is permitted to exceed sixty-five (65) percent of lot depth (Exhibit 23.45.052A), subject to the following conditions:

a. The total lot coverage shall not be greater than that which would have been possible by meeting standard development requirements for maximum width, depth and setbacks.

b. When the lot area is larger than seven thousand (7,000) square feet, the required amount of usable open space shall be increased to thirty (30) percent of lot area. Not more than one-third (1/3) of the required open space may be provided above ground in the form of decks and balconies.

c. Structure depth shall in no case exceed one hundred fifty (150) feet.

d. Structures with depth greater than sixty-five (65) percent of lot depth shall be modulated along the side setbacks, according to the standards of Section 23.45.054C.

23.45.054 Midrise -Modulation requirements.

Modulation of structure facades shall be required subject to the following criteria:

A. Front Facades.

1. Modulation shall be required if the front facade width exceeds forty (40) feet. Ground-related structures may follow either the modulation standards for Lowrise 3 Zones (Section 23.45.012 D2) or the standards in this section.

2. For terraced housing, only the portion of the front facade closest to the street is required to be modulated (Exhibit 23.45.054 A).

B. Side Facades.

1. On corner lots, side facades which face the street shall be modulated if greater than forty (40) feet in width. Modulation shall not be required for the side facades of terraced housing.

2. Apartments with a structure depth greater than sixtyfive (65) percent of lot depth shall be modulated along all side facades, according to the standards of subsection D of this section.

C. Within a cluster development, all interior facades wider than fifty (50) feet shall be modulated according to the standards of Section 23.45.054 D, provided that maximum modulation width shall be fifty (50) feet. Perimeter facades shall follow standard development requirements.

D. Modulation Standards.

1. Minimum Depth of Modulation.

a. The minimum depth of modulation shall be eight (8) feet (Exhibit 23.45.054 B).

b. When balconies are part of the modulation and have a minimum depth of six (6) feet and a minimum area of at least (6) sixty square feet, the minimum depth of modulation shall be six (6) feet (Exhibit 23.45.054 C).

2. The minimum width of modulation shall be ten (10) feet (Exhibit

23.45.054 B).

3. Maximum Width of Modulation.

a. The maximum width of modulation shall be forty (40) feet.

b. Exceptions to Maximum Width of Modulation.

(1) When facades provide greater depth of modulation than required by subsection D1, 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 of fifty (50) feet and Section 23.86.002 B, Measurements, shall not apply.

(2) 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 forty (40) 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 D3b(1), nor shall it permit facades to exceed fifty (50) feet in width without modulation.

4. Required modulation may start a maximum of ten (10) feet above existing grade, and shall be continued up to the roof.

23.45.056 Midrise -Setback requirements.

Front, rear and side setbacks shall be provided for all lots, according to the following provisions:

A. Front Setback. The required front setback shall be the average of the setbacks of the first principal structures on either side, subject to the following provisions:

1. The front setback shall in no case be required to be more than five (5) feet greater than the setback of the first principal structure on either side which is closer to the front lot line.

2. The front setback shall in no case be required to exceed fifteen (15) feet.

3. Portions of the Structure in Front Setbacks.

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.

b. No portions of a structure between finished grade and eight (8) feet above finished grade shall be closer to the front lot line than five (5) feet.

c. Portions of the facade which begin eight (8) feet or more above finished grade may project up to four (4) feet beyond the lower portion of the facade, without being counted in setback averaging (Exhibit 23.45.056 A).

d. Portions of the facade which begin eight (8) feet or more above finished grade shall be no closer than three (3) feet to the front lot line (Exhibit 23.45.056 A).

TABLE 23.45.056 A

TABLE 23.45.056 A

Total Structure Height of Facade at Highest Point in Feet Minimum Depth in Feet Side Setback in Feet 0-20 21-30 31-40 41-50 51 or more Average Side Setback in Feet

65 or less 8 8 8 8 8 8 66-75 8.5 8.5 8.5 9.0 10.0 76-85 9.0 9.0 9.0 9.5 10.5 86-95 9.5 9.5 9.5 10.0 11.0 96-105 10.5 11.5 12.5 13.5 14.5

106-115 12.0 13.0 14.0 15.0 16.0 9 116-125 13.5 14.5 15.5 16.5 17.5 126-135 15.0 15.0 17.0 18.0 19.0

136-145 16.5 17.5 18.5 19.5 20.5 10 146-155 18.0 19.0 20.0 21.0 22.0 156-165 19.5 20.5 21.5 22.5 23.5

166-175 212.0 22.0 23.0 24.0 25.0 1' in addition to 10' 176-185 22.5 23.5 24.5 25.5 26.5 for every 30' in depth 186-195 24.0 26.0 26.0 27.0 28.0 The pattern established in the table shall be continued for structures greater than one hundred ninety feet (190') in depth.

4. 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.

5. Front Setback Exceptions.

a. Structures Along Heavily Traveled Arterials. In order to reduce noise and glare impacts, multi-family structures located on principal arterials designated on Exhibit 23.53.015 A shall be allowed a reduction in the required front setback. The required front setback along these arterials may be reduced to either fifty (50) percent of the front setback specified in the development standards, or the front setback of the principal structure on either side, whichever is less.

b. 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.

c. Parking in Rear. For sites which are required to locate the parking in the rear and have no alley, the required front setback shall be reduced by five (5) feet, so long as this does not reduce the required front setback to less than ten (10) feet.

d. Sloped Lots. On sloped lots with no alley access, the required front setback shall be fifteen (15) feet minus one (1) foot for each two (2) percent of slope. Slope shall be measured from the midpoint of the front lot line to the rear lot line, or for a depth of sixty (60) feet, whichever is less.

B. Rear Setback. The minimum rear setback shall be either:

1. Ten (10) feet, with modulation required along the rear facade according to the standards of Section 23.45.054 C; or

2. An average of fifteen (15) feet; provided, that no part of the setback shall be less than ten (10) feet.

C. Side Setbacks.

1. The required side setback shall be determined by structure depth and height, according to Table 23.45.056 A. The side setback may be averaged, provided that the setback is not less than three (3) feet for decks, balconies, and architectural features such as chimneys and cornices, and the minimum setback set forth in the table is observed for all portions of the structure.

2. Side Setback Exceptions. The side street setback of a reversed corner lot shall be as follows:

a. When the required front setback of the key lot is less than eight (8) feet, the side street setback shall be equal to the key lot's front setback.

b. When the required front setback of the key lot is at least eight (8) feet but not more than sixteen (16) feet, the side street setback shall be eight (8) feet.

c. When the required front setback of the key lot is greater than sixteen (16) feet, the side street setback shall be one-half (1/2) the depth of the key lot's front setback. The setback may be averaged along the entire structure depth, but shall at no point be less than five (5) feet.

d. When the actual setback of the structure on the key lot is less than eight (8) feet, the side street setback shall be equal to the distance between the front lot line of the key lot and structure regardless of the front setback requirement.

D. General Setback Exceptions.

1. Required Setbacks for Cluster Developments.

a. 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:

Length of Facing Average Setback Minimum Setback Portions of Facades (in feet) (in feet) (in feet) 40 or less 15 15 41 - 60 20 15 61 - 80 25 15 81 - 100 30 15 101 - 150 40 15 151 or more 50 15

b. Structures in cluster developments may be connected by underground garages or elevated walkways; provided, that:

(1) One (1) elevated walkway shall be permitted to connect any two (2) structures in the development;

(2) 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;

(3) All elevated walkways shall meet the following standards:

i. The roof planes of elevated walkways shall be at different levels than the roofs or parapets of connected structures.

ii. 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.

iii. The design of the walkways and the materials used shall seek to achieve a sense of openness and transparency.

iv. Elevated walkways shall add to the effect of modulation rather than detract from it.

2. Structures in Required Setbacks.

a. Detached garages, carports or other accessory structures are permitted in the 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 (Exhibit 23.45.056 D). All such accessory structures shall be no greater than twelve (12) feet in height, with open rails permitted above twelve (12) feet.

b. Ramps or other devices necessary for access for the disabled and elderly, which meet Washington State Building Code, Chapter 11-Accessibility, are permitted in required front, side or rear setbacks.

c. Uncovered, unenclosed pedestrian bridges, necessary for access and less than five (5) feet in width, are permitted in required front, side and rear setbacks.

d. Permitted fences, freestanding walls, bulkheads, signs and other similar structures, no greater than six (6) feet in height, are permitted in required front, side or rear setbacks.

e. Decks which average no more than eighteen (18) inches above existing grade may project into required setbacks. Such decks shall not be permitted within five (5) feet of any lot line, unless they abut a permitted fence or freestanding wall, and are at least three (3) feet below the top of the fence or wall. The fence or wall shall be no higher than six (6) feet.

f. Underground structures are permitted in all setbacks.

g. Solar collectors are permitted in required setbacks, subject to the provisions of Section 23.45.146, Solar collectors.

h. Fences, Freestanding Walls, Bulkheads, Signs and Other Similar Structures.

(1) 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 each required setback. 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 not 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.

(2) The Director may allow variation from the development standards listed in subsection D2h(1) above, according to the following:

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

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

(3) Bulkheads and retaining walls used to raise grade may be placed in each required setback 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 effective date of the ordinance codified in this section.1 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.

(4) 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.

i. Arbors. Arbors may be permitted in required setbacks under the following conditions:

(1) In each required setback, 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.

(2) In each required setback 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.

3. Front and rear setbacks on lots containing certain environmentally critical areas or buffers may be reduced pursuant to Sections 25.09.280 and 25.09.300.

23.45.057 Midrise -Screening and landscaping standards.

A. Quantity.

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.

2. If screening and landscaping of parking from direct street view is provided according to subsection 23.45.060 D, that amount of landscaped area may be counted towards fulfilling the total amount of landscaped area required by this section.

3. Landscaped usable open space that is provided for apartments or terraced housing according to Section 23.45.058 and located at ground level, may be counted towards fulfilling the total amount of landscaped area required by this section.

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.

5. Exceptions.

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 landscaping which cannot be provided on the lot be provided in the planting strip.

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 23.45.060 D or open space required by Section 23.45.058.

B. Development Standards.

1. Except for the screening and landscaping of parking, which shall be provided according to subsection 23.45.060 D, 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:

a. Along street property lines;

b. Along property lines which abut single-family zoned lots;

c. Along alleys across from single-family zoned lots.

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 curb cuts 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.

3. Required landscaping shall meet standards promulgated by the Director.

23.45.058 Midrise -Open space requirements.

Open space shall be provided for all lots, subject to the following provisions:

A. Quantity.

1. Ground-related Housing.

a. A minimum of three hundred (300) square feet per unit of private, usable open space, at ground level and directly accessible to each unit, shall be required. Decks may project into setbacks in accordance with 23.45.056 D.

b. On lots with slopes of twenty (20) percent or more, decks of the same size as the required ground-level open space may be built over the sloping ground-level open space. In order to qualify for this provision, such decks shall not cover the open space of another unit, nor be above the living space of any unit.

2. Apartments.

a. A minimum of twenty-five (25) percent of the lot area shall be provided as usable open space at ground level, except as provided in subsection A2b.

b. A maximum of one-third ( 1/3) of the required open space may be provided above ground in the form of balconies or decks if the total amount of required open space is increased to thirty (30) percent of lot area.

3. Terraced Housing on Slopes of Twenty-five (25) Percent or More.

a. A minimum of forty (40) percent of the lot area shall be provided as usable open space.

b. Ground-level open space may be reduced from forty (40) percent to ten (10) percent of lot area when an equivalent amount of open space is provided above ground in the form of balconies, decks and/or rooftop areas.

B. Development Standards.

1. Required open space shall be landscaped according to standards promulgated by the Director.

2. Ground-related Housing.

a. The required open space for each 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, and no horizontal dimension shall be less than ten (10) feet.

b. Required open space may be located in the front, sides or rear of the structure.

c. Required open space may be located a maximum of ten (10) feet above or below the unit it serves, provided that the access to such open space does not go through or over common circulation areas, common or public open space, or the open space serving another unit, except as permitted in subsection B2g.

d. The grade of the open space can either be the existing grade or within eighteen (18) inches of existing grade. The portion of the open space which is within ten (10) feet of the unit shall include the point where the access to the open space from the unit occurs.

e. Direct access to the open space shall be from at least one (1) habitable room of at least eighty (80) square feet of the principal living areas of the unit. Principal living areas shall not include foyers, entrance areas, closets or storage rooms, hallways, bathrooms or similar rooms, alone or in combination.

f. At least fifty (50) percent of the required open space for a unit shall be level, provided that:

(1) The open space may be terraced; and

(2) 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.

g. 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:

(1) 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

(2) 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.

h. To ensure privacy of open space, openings such as windows and doors on the ground floor of walls of a dwelling unit or common area which directly faces the open space of a different unit are prohibited, unless such openings are screened by view-obscuring fences, freestanding walls, or wingwalls. Fences, freestanding walls, or wingwalls located in setbacks shall be no more than six (6) feet in height in accordance with Section 23.45.014 G.

i. Parking areas, driveways and pedestrian access, except for pedestrian access meeting the Washington State Building Code, Chapter 11 -Accessibility, shall not be counted as open space.

3. Apartments.

a. No horizontal dimension for required groundlevel open space shall be less than ten (10) feet.

b. Required open space is permitted in the front, sides or rear of the structure.

c. Parking areas, driveways and pedestrian access, except for pedestrian access meeting the Washington State Building Code, Chapter 11-Accessibility, shall not be counted as open space.

d. In order to qualify as aboveground open space, balconies and decks shall have a minimum horizontal dimension of at least six (6) feet, and the minimum area shall be sixty (60) square feet.

e. For cluster development, at least twenty (20) percent of the required open space shall be provided in one (1) contiguous area.

f. 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.

4. Terraced Housing on a Slope of Twenty-five (25) Percent or More.

a. No horizontal dimension for required groundlevel open space shall be less than ten (10) feet.

b. Required open space is permitted in the front, sides or rear of the structure.

c. Parking areas, driveways and pedestrian access, except for pedestrian access meeting the Washington State Building Code, Chapter 11-Accessibility, shall not be counted as open space.

d. In order to qualify as aboveground open space, rooftop areas, balconies and decks 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.

C. 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.

23.45.059 Midrise -Light and glare standards.

A. Exterior lighting shall be shielded and directed away from adjacent properties.

B. Interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties.

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.

23.45.060 Midrise -Parking and access.

A. Parking Quantity. Parking shall be required as provided in Chapter 23.54.

B. Access to Parking.

1. Alley Access Required. Except when one (1) of the conditions listed in subsections B2 or B3 applies, access to parking shall be from the alley when the site abuts an alley improved to the standards of Section 23.53.030 C. Street access shall not be permitted.

2. Street Access Required. Access to parking shall be from the street when:

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;

b. The lot does not abut a platted alley;

c. Apartments or terraced housing are proposed across an alley from a Single-family, Lowrise Duplex/Triplex, Lowrise 1 or Lowrise 2 Zone.

3. Street or Alley Access Permitted. Access to parking may be from either the alley or the street when the conditions listed in subsection B2 do not apply, and one (1) or more of the following conditions are met:

a. Ground-related housing is proposed across the alley from a Single-family, Lowrise Duplex/Triplex, Lowrise 1 or Lowrise 2 Zone;

b. Topography or designation of any portion of the site as environmentally critical makes alley access infeasible;

c. The alley is not improved to the standards of Section 23.53.030C.

If such an alley is used for access, it shall be improved according to the standards of Section 23.53.030 C;

d. 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.

C. Location of Parking.

1. Parking shall be located on the same site as the principal use.

2. Parking may be located in or under the structure provided that:

a. For ground-related housing, the parking is screened from direct street view by the street-facing facades of the structure (Exhibit 23.45.060 B), by garage doors, or by a fence and landscaping as provided in Section 23.45.060 D (Exhibit 23.45.060 A);

b. For apartments and terrace housing the parking is screened from direct street view by the street-facing facades of the structure. For each permitted curb cut, the facades may contain one (1) garage door, not to exceed the maximum width allowed for curb cuts (Exhibit 23.45.060 B).

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 Section 23.45.060 D.

a. Parking may be located between any structures on the same lot.

b. Rear Lot Lines. Parking may be located between any structure and the rear lot line of the lot (Exhibit 23.45.060 C).

c. Side Lot Lines. Parking may be located between any structure and a side lot line which is not a street side lot line (Exhibit 23.45.060 C. Where the location between the structure and a side lot l ine is also between a portion of the same structure and the front lot line, subsection C3d(3) shall apply (Exhibit 23.45.060 D).

d. Front and Street Side Lot Lines. Parking may be located between any structure and the front and street side lot lines provided that:

(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.

(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.

(3) Parking may be located between the front lot line and a portion of a structure provided that:

- 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 (Exhibit 23.45.060 D);

- The parking is not located in the front setback and in no case is closer than fifteen (15) feet to the front lot line.

4. Location of Parking in Special Circumstances.

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 (Exhibit 23.45.060 E).

b. The Director may permit variations from the development standards for parking location and design, and curb cut quantity and width, for lots meeting the following conditions:

(1) Lots proposed for ground-related housing with no feasible alley access and with:

(A) Less than eighty (80) feet of street frontage, or

(B) Lot depth of less than one hundred (100) feet, or

(C) A rise or drop in elevation of at least twelve (12) feet in the first sixty (60) feet from the front lot line; and

(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;

(3) Lots proposed for either ground-related, apartment or terraced housing which are waterfront lots and are developed in accordance with Section 24.60.395, Shoreline Master Program;

(4) On lots meeting the standards listed in subsections C4b(i) through (3), the following variations may be permitted:

(A) Ground-related housing: parking may be located between the structure and the front lot line,

(B) Apartments or terraced housing: parking may be located in or under the structure if screened from direct street view by garage doors or by fencing and landscaping;

(5) 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 level, landscaped street setbacks, unobstructed traffic flow and, where applicable, the objectives of the Shoreline Master Program. In no case shall a curb cut be authorized to exceed thirty (30) feet in width.

D. Screening of Parking.

1. Parking shall be screened from direct street view by the front facade of a structure, by garage doors, or 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 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.

2. The height of the visual barrier created by the screen required in subdivision 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 (Exhibit 23.45.060 F).

3. Screening may also be required to reduce glare from vehicle lights, according to Section 23.45.059, light and glare standards.

23.45.064 Highrise -General provisions.

In Highrise Zones, structures may be built either to the development standards described below, or to the development standards of the Midrise Zone. Structures built to Midrise standards shall have no limit to width or depth when modulated according to the standards of Section 23.45.054C, midrise modulation requirements.

23.45.066 Highrise -Structure height.

A. Maximum Height.

1. The maximum height shall be one hundred sixty (160) feet.

B. Additional Height Permitted. The Director may authorize additional height up to a maximum height of two hundred forty (240) feet, as a special exception pursuant to Chapter 23.76, Master Use Permit. In order to qualify, the applicant shall comply with the following provisions:

1. The applicant shall provide for adequate spacing between existing and proposed towers in order to minimize blockage of views from public places, and to minimize casting of shadows on public places. The applicant shall provide shadow diagrams for December 21st, March 21st and June 21st, as well as elevations showing the degree, if any, of view blockage that would occur. The Director may limit or condition the amount of extra height and bulk granted in order to minimize blocking of views from public places and to casting of shadows on public places.

2. If the provisions of subsection B1 of this section have been met, additional height above one hundred sixty (160) feet may be allowed in return for the provision of one (1) of the public benefits listed below, or any combination of these benefits. The amount of additional height shall be determined based on the following criteria, and on the design of the proposed project and the public benefits that are provided.

a. When a proposed highrise development provides new lowand/or moderate-income housing, or preserves existing lowand/or moderate-income housing, additional height may be allowed according to the following provisions:

(1) The housing provided in order to qualify for additional height shall be in addition to any housing provided to replace demolished units.

(2) Housing provided to replace demolished units must be provided on the same site as the proposed highrise. Additional housing preserved or provided to qualify for additional height may be either within the proposed project, or within its immediate vicinity.

(3) For every one (1) percent of the total gross floor area in the proposed structure that is reserved as lowincome housing, an additional eight (8) feet in height may be allowed; and for every one (1) percent of the total gross floor area in the proposed structure that is reserved as moderate income housing, an additional five (5) feet in height may be allowed.

(4) The units provided to gain additional height shall be reserved as lowor moderate-income housing by ownership and restrictive covenants for a minimum of twenty (20) years from the date a certificate of occupancy is issued.

(5) Two (2) years after the adoption of this provision, or at a time when an adequate number of projects are available for analysis, the Director shall review this provision and recommend any revisions that are necessary consistent with the City's land use and housing objectives.

b. Landscaped Public Open Space. When proposed highrise developments provide landscaped, usable public open space in addition to the open space required for the exclusive use of residents of the development, additional height up to a maximum of forty (40) feet may be allowed according to the following provisions:

(1) Open space for public use shall either be dedicated, or upon written agreement with The City of Seattle be available to the public during reasonable and predictable hours each day of the week.

(2) The open space may be provided on-site or in the immediate vicinity of the project.

(3) The location of the open space shall enhance street-level activity by providing:

(A) A focal point in a highly dense or active area; and/or

(B) A unique amenity suited to the area and of public benefit; and

(C) Better pedestrian access and siting of an existing public facility or historic landmark.

(4) The space shall be of a sufficient size to be functional, and shall be contiguous to pedestrian pathways that make it readily accessible to users.

(5) The design of the open space shall enhance unique site characteristics such as views, topography, trail systems and significant trees or landscaping.

(6) Public open space and equipment located there shall be designed to provide safety and security for user groups.

(7) The open space shall be designed so that its solar exposure encourages its use.

(8) Outdoor common areas and pedestrian access shall be separated from the paths of moving vehicles.

(9) The outdoor common areas shall function as more than pedestrian walkways or passageways between areas. Active areas and/or passive areas shall be provided depending on the needs of the adjacent neighborhood.

c. Structures of Architectural and Historical Significance. Additional heights may be allowed when new multifamily developments preserve structures of architectural or historical significance, according to the following provisions:

(1) Preservation of designated City landmarks, with proceedings and controls adopted pursuant to Seattle Municipal Code, Chapter 25.12, Landmarks Preservation Ordinance, may qualify for eighty (80) feet of additional height.

(2) The significant structure to be preserved may be located either on the project site or within the immediate vicinity.

C. Height Exceptions.

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 fifty (50) percent of their height above existing grade or, if attached only to the roof, no closer than fifty (50) percent of their height above the roof portion where attached, to any adjoining lot line.

2. Railings, planters, skylights, clerestories, greenhouses, parapets, and firewalls may extend four (4) feet above the maximum height limit set in subsections A and B of this section.

3. The following rooftop features may extend up to ten (10) feet above the maximum height limit, so 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;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least five (5) feet from the roof edge;

d. Chimneys;

e. Sun and wind screens;

f. Penthouse pavilions for the common use of residents;

g. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.

4. For height exceptions for solar collectors, see Section 23.45.146, Solar collectors.

5. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed below at least ten (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:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Section 23.57.011;

f. Nonfirewall parapets;

g. Play equipment;

h. Sun and wind screens;

i. Penthouse pavilions for the common use of residents.

6. For height limits and exceptions for communication utilities and devices, see Section 23.57.011.

23.45.068 Highrise structure width and depth.

A. Maximum Width.

1. For facades or portions of facades along the street which are thirty-seven (37) feet in height or less, and which are not modulated according to the standards of Section 23.45.070 B, maximum width shall be thirty (30) feet.

2. For facades or portions of facades along the street which are thirty-seven (37) feet in height or less, and which are modulated according to the standards of Section 23.45.070 B, there shall be no maximum width limit.

3. Facades or portions of facades which begin thirtyseven (37) feet or more above existing grade shall have a maximum width limit of one hundred (100) feet, whether they are modulated or not (Exhibit 23.45.068 A).

B. Maximum Depth.

1. For facades or portions of facades thirty-seven (37) feet or less in height, which are not along a street, there shall be no maximum depth limit.

2. Facades or portions of facades above thirty-seven (37) feet in height shall not exceed one hundred (100) feet in depth (Exhibit 23.45.068 B).

23.45.070 Highrise -Modulation requirements.

A. Modulation shall be required along street fronts for facades thirty-seven (37) feet or less in height, when the width of the facade exceeds thirty (30) feet.

B. Modulation Standards.

1. The minimum depth of modulation shall be four (4) feet

(Exhibit 23.45.070 A).

2. When balconies are part of the modulation and have a minimum dimension of at least six (6) feet and a minimum area of sixty (60) square feet, the minimum depth of modulation shall be reduced by two (2) feet (Exhibit 23.45.070 B).

3. The minimum width of modulation shall be five (5) feet (Exhibit 23.45.070A).

4. Maximum Width of Modulation.

a. The maximum width of modulation shall be thirty (30) feet.

b. Exceptions to Maximum Width of Modulation.

(1) When facades provide greater depth of modulation than required by subsections B1 and B2, 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 fifty (50) feet, and Section 23.86.002 B, Measurements, shall not apply.

(2) 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 guide: 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 B4b1 above nor shall it permit facades to exceed fifty (50) feet in width without modulation.

5. Required modulation may start a maximum of ten (10) feet above existing grade, and shall be continued up to a height of at least thirty-seven (37) feet.

23.45.072 Highrise -Setback requirements.

Front, rear and side setbacks shall be provided for all lots according to the following provisions:

A. Front Setbacks.

1. Facades or Portions of Facades Thirty-seven (37) Feet in Height or Less. The minimum front setback for facades or portions of facades thirty-seven (37) feet in height or less shall be the average of the setbacks of the first principal structures on either side, subject to the following provisions:

a. The front setback shall in no case be required to be more than five (5) feet greater than the setback of the first principal structure on either side which is closer to the front lot line.

b. The front setback shall in no case be required to exceed ten (10) feet except that 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.

c. Portions of the Structure in Front Setbacks.

(1) 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 requirements.

(2) Any projection of the facade which begins at finished lot grade shall be no closer to the front lot line than the finished grade facade projection nearest the front lot line of a structure on either side, or five (5) feet, whichever is less.

2. Facades or Portions of Facades Above Thirty-seven (37) Feet. Facades or portions of facades which begin thirty-seven (37) feet or more above finished grade shall have a front setback of twenty (20) feet. This setback may be averaged.

3. Front Setback Exceptions.

a. 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.

b. If the street facade is in retail use, no front setback is required.

c. Sloped Lots. On sloped lots with no alley access, the required front setback shall be fifteen (15) feet minus one (1) foot for each two (2) percent of slope. Slope shall be measured from the midpoint of the front lot line, to the rear lot line or for a depth of sixty (60) feet, whichever is less.

B. Rear Setback.

1. The minimum rear setback for structures or portions of structures sixty (60) feet or less in height shall be ten (10) feet.

2. The minimum rear setback for portions of structures greater than sixty (60) feet in height shall be twenty (20) feet.

C. Side Setback.

1. The minimum side setback (Exhibit 23.45.072 A) shall be as follows:

Elevation of Facade or Combined Total of Both Portion of Facade from Side Setbacks Must Be Neither Side Setback Existing Grade (in feet) At Least (in feet) May Be Less Than (in feet) 37 or less 10 5 38 - 60 16 8 61 - 90 25 10 91 - 120 30 14 121 or higher 40 16

2. When properties abutting the site are developed to the side property line, the base structure of a proposed development may be joined to the abutting structure.

D. General Setback Exceptions.

1. Required Setbacks for Cluster Developments. Where two (2) or more principal structures are located on one (1) lot, or where two (2) or more portions of the same structure exceed sixty (60) feet in height above existing grade, setbacks between structures or portions of structures shall be provided as follows:

a. Interior facades shall be separated as follows:

Elevation of Facade Minimum Separation (in feet) or Portion of Facade From Existing Grade (in feet) 60 or less 16 61-90 20 91-120 28 121 or higher 32

b. Within a cluster development, interior facades need not be modulated. Perimeter facades shall follow standard development requirements.

c. Structures or portions of structures over sixty (60) feet in height may be connected by underground garages or portions of structures thirty-seven (37) feet or less in height.

2. Structures in Required Setbacks.

a. Detached garages, carports or other accessory structures are permitted in the 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 (Exhibit 23.45.072 B . All such accessory structures shall be no greater than twelve (12) feet in height above existing grade, with open rails permitted above twelve (12) feet.

b. Ramps or other devices necessary for access for the disabled and elderly, which meet Washington State Building Code, Chapter 11-Accessibility, are permitted in required front, side or rear setbacks.

c. Uncovered, unenclosed pedestrian bridges, necessary for access and less than five (5) feet in width, are permitted in required front, side and rear setbacks.

d. Permitted fences, freestanding walls, bulkheads, signs and other similar structures, no greater than six (6) feet in height, are permitted in required front, side or rear setbacks.

e. Decks which average no more than eighteen (18) inches above existing or finished grade, whichever is lower, may project into required setbacks. Such decks shall not be permitted within five (5) feet of any lot line, unless they abut a permitted fence or freestanding wall, and are at least three (3) feet below the top of the fence or wall. The fence or wall shall be no higher than six (6) feet.

f. Underground structures are permitted in all setbacks.

g. Solar collectors are permitted in required setbacks, subject to the provisions of Section 23.45.146, Solar collectors.

h. Fences, Freestanding Walls, Bulkheads, Signs and Other Similar Structures.

(1) 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 each required setback. 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.

(2) The Director may allow variation from the development standards listed in subsection D2h(1) above, according to the following:

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

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

(3) Bulkheads and retaining walls used to raise grade may be placed in each required setback 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 effective date of the ordinance codified in this section.1 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.

(4) 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.

i. Arbors. Arbors may be permitted in required setbacks under the following conditions:

(1) In each required setback, 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.

(2) In each required setback 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.

3. 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.

23.45.073 Highrise -Screening and landscaping standards.

A. Quantity.

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.

2. If screening and landscaping of parking from direct street view is provided according to subsection 23.45.076 D, that amount of landscaped area may be counted towards fulfilling the total amount of landscaped area required by this section.

3. Landscaped usable open space that is provided for apartments or terraced housing according to Section 23.45.074 and located at ground level may be counted towards fulfilling the total amount of landscaped area required by this section.

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.

5. Exceptions.

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 shall be provided in the planting strip.

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 Section 23.45.076 D or open space required by Section 23.45.072.

B. Development Standards.

1. Except for the screening and landscaping of parking, which shall be provided according to Section 23.45.076 D, 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:

a. Along property lines which abut single-family zoned lots;

b. Along alleys across from single-family zoned lots.

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 curb cuts 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.

3. Required landscaping shall meet standards promulgated by the Director.

23.45.074 Highrise -Open space requirements.

Open space shall be provided for all lots, subject to the following provisions:

A. Quantity.

1. A minimum of fifty (50) percent of the lot area shall be provided as landscaped open space at ground level.

2. Quantity Exception for Apartments. Ground-level open space may be reduced from fifty (50) percent to a minimum of twenty-five (25) percent of lot area according to the following scale: for every square foot of difference between fifty (50) percent of lot area and the actual ground-level open space provided, one and two-tenths (1 2/10) square feet shall be provided above ground in the form of decks and balconies or on the roof of the base structure.

B. Development Standards.

1. No horizontal dimension for required open space at ground level or on the roof of the base structure shall be less than fifteen (15) feet, nor shall any open space area be less than two hundred twentyfive (225) square feet.

2. In order to qualify as above-ground-level open space, balconies, decks, or open space on the roof of a base structure shall be thirtyseven (37) feet or less above existing grade.

3. Required open space is permitted in the front, side or rear of the structure.

4. 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.

5. In order to qualify as above-ground open space, no horizontal dimension for balconies and decks shall be less than six (6) feet, and the minimum area for balconies and decks shall be sixty (60) feet.

6. 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.

23.45.075 Highrise -Light and glare standards.

A. Exterior lighting shall be shielded and directed away from adjacent properties.

B. Interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties.

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.

23.45.076 Highrise -Parking and access.

A. Parking Quantity. Parking shall be required as provided in Chapter 23.54.

B. Access to Parking.

1. Alley Access Required. Except when one (1) of the conditions of subsections B2 or B3 applies, access to parking shall be from the alley when the site abuts an alley improved to the standards of Section 23.53.030 C. Access from the street shall not be permitted.

2. Street Access Required. Access to parking shall be from the street when:

a. The alley borders on a Single Family, Lowrise Duplex/Triplex, Lowrise 1 or Lowrise 2 Zone;

b. The lot does not abut an alley;

c. Due to the relationship of the alley to the street system, use of the alley for parking access would create a significant safety hazard.

3. Street or Alley Access Permitted. Access to parking may be from either the alley or the street when the conditions listed in subsection B2 do not apply, and one (1) or more of the following conditions are met:

a. Topography or designation of any portion of the site as environmentally critical makes alley access infeasible;

b. The alley is not improved to the standards of Section 23.53.030C.

If such an alley is used for access, it shall be improved according to the standards of Section 23.53.030 C;

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.

C. Location of Parking.

1. Parking shall be located on the same site as the principal use, except accessory off-site parking permitted according to Section 23.45.166.

2. Parking may be located in or under the structure, provided that the parking is screened from street view by the front facade of the structure (Exhibit 23.45.076 A). Parking is permitted on all levels of a base structure, with the limitation that a maximum of fifty (50) percent of the area of the floor closest to the grade of the street may be used for parking. If the street-level facade is in retail use, sixty (60) percent of the street-level floor area may be used for parking. For each permitted curb cut, the facades may contain one (1) garage door, not to exceed the maximum width allowed for curb cuts.

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 Section 23.45.076 D:

a. Parking may be located between any structures on the same lot.

b. Parking may be located between any structure and the rear lot line of the lot (Exhibit 23.45.076B.

c. Parking may be located between any structure and the side lot lines of the lot (Exhibit 23.45.076B).

d. Parking shall not be located between any structure and the front lot line of a lot.

4. Location of Parking in Special Circumstances. 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 (Exhibit 23.45.076C).

D. Screening of Parking.

1. Parking shall be screened from direct street view by the facade of a structure, by garage doors, or 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 area a minimum of three (3) feet deep on the street side of the fence or wall. Such screening shall be located outside any required sight triangle.

2. The height of the visual barrier created by the screen required in subdivision 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 (Exhibit 23.45.076 D).

3. Screening may also be required to reduce glare from vehicle lights, according to Section 23.45.075, light and glare standards.

23.45.080 Congregate residences.

A. Bulk and Siting. Congregate residences shall be subject to the development standards of the multifamily zone in which they are located.

B. Parking Quantity. Parking shall be required as provided in Chapter 23.54.

23.45.082 Assisted living facilities use and development standards.

A. Assisted living facilities shall be subject to the development standards of the zone in which they are located except as provided below:

1. Density. Density limits do not apply to assisted living facilities; and

2. Open Space. Open space requirements do not apply to assisted living facilities.

B. Other Requirements.

1. Minimum Unit Size. Assisted living units shall be designed to meet the minimum square footage required by WAC 388-110-140.

2. Facility Kitchen. There shall be provided a kitchen on-site which services the entire assisted living facility.

3. Communal Area. 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:

a. The total amount of communal area shall, at a minimum, equal twenty (20) percent of the total floor area in assisted living units. 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;

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

c. A minimum of four hundred (400) square feet of the required communal area shall be provided outdoors, with no dimension less than ten (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 23.41.012A.

23.45.088 Nursing homes meeting development standards.

A. General Provisions. The establishment of new nursing homes which meet the development standards of this section shall be permitted outright in all multifamily zones. If the expansion of an existing nursing home meets all development standards, it shall be permitted outright.

B. Development Standards. Nursing homes shall be subject to the following standards:

1. A nursing home is subject to the development standards of the multifamily zone in which it is located.

2. Parking Quantity. Parking shall be provided as required in Chapter 23.54, unless the applicant can demonstrate that less parking is needed due to unique features of the program. In such a case, the applicant shall enter into an agreement with the Director, specifying the parking required and linking the parking reduction to the features of the program which allow such reduction. Such parking reductions shall be valid only under the conditions specified, and if the conditions change, the standard requirements must be met.

23.45.090 Institutions -General provisions.

A. The establishment of new institutions, such as religious facilities, community centers, private schools and child care centers, which meet the development standards of Sections 23.45.092 through 23.45.102, shall be permitted outright in all multifamily zones. Institutions not meeting all the development standards of these sections may be permitted as administrative conditional uses subject to the requirements of Section 23.45.122.

B. Public schools shall be permitted as regulated in Section 23.45.112.

C. If the expansion of an existing institution meets all development standards of Sections 23.45.092 through 23.45.102, it shall be permitted outright. Expansions not meeting development standards may be permitted as administrative conditional uses subject to the requirements of Section 23.45.122. Structural work which does not increase usable floor area or seating capacity and does not exceed the height limit shall not be 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 which does not require expansion of the existing structure or violate any condition of approval of the existing institutional use shall not be considered an expansion of the use. Institutions in Lowrise Duplex/Triplex zones shall meet the development standards for institutions in Lowrise 1 zones.

D. The provisions of this section shall apply to Major Institution uses as provided in Chapter 23.69, Major Institution Overlay District. All major institutions shall be so designated and their boundaries approved by the Council.

23.45.092 Institutions -Structure height.

A. Maximum height limits for institutions shall be as provided for multifamily structures in the same multifamily zone.

B. In the Lowrise zones, for gymnasiums and auditoriums that are necessary to an institution the maximum permitted height shall be thirty-five (35) feet if all portions of the structure above the height limit of the zone are set back at least twenty (20) feet from all property lines. Pitched roofs on the auditorium or gymnasium with a slope of not less than three to twelve (3:12) may extend ten (10) feet above the thirty-five (35) foot height limit. No portion of a shed roof on a gymnasium or auditorium shall be permitted to extend beyond thirty-five (35) feet.

23.45.094 Institutions -Structure width and depth.

A. Maximum Width.

1. The maximum width for institutions shall be as follows: Maximum Width Without Maximum Width With Modulation or Landscaping Modulation or Landscaping Zone Option (feet) Option (feet) Lowrise 1 45 75 Lowrise 2 45 90 Lowrise 3 60 150 Midrise 60 150 Highrise Facades or 90 No maximum width portions of facades below 37' in height

Facades or 100 100 portions of facades above 37' in height

2. In order to reach the maximum width permitted in each zone, institutional structures shall be required to reduce the appearance of bulk through one (1) of the following options:

a. Modulation Option. Front facades, and side and rear facades facing street lot lines, shall be modulated (Exhibit 23.45.094A) according to the following provisions:

(1) The minimum depth of modulation shall be four (4) feet in Lowrise 1, Lowrise 2 and Lowrise 3 Zones, and six (6) feet in Midrise and Highrise Zones.

(2) The minimum height of modulation shall be five (5) feet.

(3) The minimum width of modulation shall be twenty (20) percent of the total structure width or ten (10) feet, whichever is greater.

(4) Any unmodulated portion of the facade shall not comprise more than fifty (50) percent of the total facade area.

(5) In Highrise Zones, modulation shall only be required for the first sixty (60) feet in height of an institution's facade; or if the facade above thirty-seven (37) feet is set back twenty (20) feet or more from the lot lines, modulation shall only be required for the first thirty-seven (37) feet in height of the structure. The maximum width of any unmodulated portion of the facade in Highrise Zones shall be ninety (90) feet.

b. Landscape Option. Front setbacks and landscaping shall be provided as follows:

(1) The required front setback shall be five (5) feet more than the required minimum setback for the lot.

(2) One (1) tree and three (3) shrubs are required for each three hundred (300) square feet of required front setback and street-facing side and rear setbacks. When new trees are planted, at least half must be deciduous.

(3) Trees and shrubs which already exist in the required planting area or have their trunk or center within ten (10) feet of the area may be substituted for required plantings on a one-tree-to-one-tree or one-shrub-to-one-shrub basis if the minimum standards in Section 23.86.022 (Measurements) are met. In order to give credit for large existing trees, a tree may count as one (1) required tree for every three hundred (300) feet of its canopy spread.

(4) The planting of street trees may be substituted for required trees on a one-to-one (1:1) basis. All street trees shall be planted according to City standards.

(5) Each setback required to be landscaped shall be planted with shrubs, grass and/or evergreen ground cover.

(6) Landscape features such as decorative paving, sculptures or fountains are permitted to a maximum of twenty-five (25) percent of each required landscaped area.

(7) A plan shall be filed showing the layout of the required landscaping.

(8) The property owner shall maintain all landscape material and replace any dead or dying plants.

(9) Authorization of the use shall be subject to the posting by the applicant of a cash deposit or the pledge of an interest-bearing account with the City Director of Executive Administration in the amount equal to sixty (60) percent of the estimated cost of the landscaping, guaranteeing compliance. The deposit shall be refunded or the pledge released by the City Director of Executive Administration five (5) years from the date of issuance of the covering use permit at the request of the permittee upon presentation of a certificate of compliance from the Director of Design, Construction and land use. The deposit or pledge account shall be forfeited to the City if the landscaping requirements have not been complied with by the end of the five (5) year period, and the proceeds shall be used by the Director to effect compliance; provided, that such forfeiture shall not relieve the permittee from compliance with the landscaping requirements.

B. Maximum Depth. The maximum depth of institutional structures shall be sixty-five (65) percent of lot depth.

23.45.096 Institutions -Setback requirements.

A. Front Setback. The minimum depth of the required front setback shall be determined by the average of the setbacks of structures on adjoining lots, but is not required to exceed twenty (20) feet. In Lowrise 1, Lowrise 2 and Lowrise 3 Zones, the setback shall not be reduced below an average of ten (10) feet, and no portion of the structure shall be closer than five (5) feet to the front lot line.

In Highrise Zones, where the street front is devoted to retail and service use, no front yard setback shall be required.

B. Rear Setback. The minimum rear setback shall be ten (10) feet in Lowrise 1, 2 and 3 and Midrise Zones. The minimum rear setback in Highrise Zones shall be twenty (20) feet.

C. Side Setback.

1. The minimum side setback shall be ten (10) feet from a side lot line which abuts any other residentially zoned lot. A five (5) foot setback shall be required in all other cases, except that the minimum side street side setback shall be ten (10) feet.

In Highrise Zones, structures which are between ninety-one (91) and one hundred twenty (120) feet in height shall have a minimum side setback of fourteen (14) feet; structures which are taller than one hundred twenty (120) feet shall have a minimum side setback of sixteen (16) feet (Exhibit 23.45.096 A .

2. When the depth of a structure exceeds sixty-five (65) feet, an additional setback shall be required for that portion in excess of sixty-five (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 the following chart.

Side Setback Requirements for Structures Greater than Sixty-Five Feet in Depth

H 0-10 11-21 21-30 31-40 41-50 51-60 61-70 71-80 81-90 91-160 D 66-70 11 12 13 14 15 16 17 71-80 12 13 14 15 16 17 18 19 20 21 81-90 13 14 15 16 17 18 19 20 21 22 91-100 14 15 16 17 18 19 20 21 22 23 101-110 15 16 17 18 19 20 21 22 23 24

D. Setbacks for Specific Items. In Lowrise 1, Lowrise 2 and Lowrise 3 zones, the following items shall be located at least twenty (20) feet from any abutting residentially zoned lot:

1. Emergency entrances;

2. Main entrance door of the institutional structure;

3. Outdoor play equipment and game courts;

4. Openable window of gymnasium, assembly hall or sanctuary;

5. Garbage and trash disposal mechanism;

6. Kitchen ventilation;

7. Air-conditioning or heating mechanism;

8. Similar items causing noise and/or odors as determined by the Director.

E. Landscaping and Screening of Required Setbacks.

1. Institutions shall provide landscaping for setbacks which abut a street. Such setbacks shall be planted with trees, shrubs, grass and/or evergreen ground cover. The planting of street trees shall also be considered as part of the landscaping. Landscape features such as decorative paving, sculptures or fountains are permitted to a maximum of twenty-five (25) percent of each required landscaped area. If the landscaping option of Section 23.45.094 A2b is used, that shall fulfill all the requirements of this section.

a. A plan shall be filed showing the layout of the required landscaping. This landscaping plan shall meet the standards established by the Director.

b. The property owner shall maintain all landscape material and replace any dead or dying plants.

c. Authorization of the use shall be subject to the posting by the applicant of a cash deposit or the pledge of an interest-bearing account with the City Director of Executive Administration in the amount of sixty (60) percent of the estimated cost of the landscaping, guaranteeing compliance. The deposit shall be refunded or the pledge released by the City Director of Executive Administration five (5) years from the date of issuance of the covering master use permit at the request of the permittee upon presentation of a certificate of compliance from the Director. The deposit or pledge account shall be forfeited to the City if the landscaping requirements have not been complied with by the end of the five (5) year period, and the proceeds shall be used by the Director to effect compliance; provided, that such forfeiture shall not relieve the permittee from compliance with the landscaping requirements. This requirement shall not apply to child care facilities locating in existing structures.

23.45.098 Institutions -Parking, access and transportation plan requirements.

A. Parking Quantity. Parking and loading shall be required as provided in Section 23.54.015.

B. Location of Parking. Parking areas and facilities may not be located in the required front setback or side street side setback. Otherwise, parking may be located in or under the structure, or in the front, side or rear of the structure.

C. Screening of Parking. Access or parking areas and facilities for more than five (5) vehicles shall be screened in accordance with the following requirements.

1. Screening shall be provided on each side of the parking area which abuts on or faces across a street, alley or access easement any lot in a residential zone.

2. Screening shall consist of a fence, solid evergreen hedge or wall between four (4) and six (6) feet in height. Sight triangles shall be provided.

3. The height of the visual barrier created by the screen required in paragraph 2 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 (Exhibit 23.45.098 A).

D. Landscaping of Parking. Accessory parking areas for more than twenty (20) vehicles shall be landscaped according to the following requirements:

1. One (1) tree per every five (5) parking spaces shall be required.

2. Each required tree shall be planted in a landscaped area and shall be three (3) feet away from any curb of a landscaped area or edge of the parking area. Permanent curbs or structural barriers shall enclose each landscaped area.

3. Hardy evergreen ground cover shall be planted to cover each landscaped area.

4. The trees and landscaped areas shall be located within the parking area in such a manner that large expanses of pavement and cars are visually broken and softened.

23.45.100 Institutions -Noise, odors, light and glare, and signs.

A. Noise.

1. Institutions shall be designed to meet the terms of Chapter 25.08 of the Seattle Municipal Code (Noise Control).

2. Institutions which are the origin or destination of emergency vehicles which emit noise specifically exempted by Chapter 25.08 shall be located only on an arterial street as designated in Chapter 11.18 of the Seattle Municipal Code (Traffic Code). Access to emergency entrances for such institutions shall also be located on the arterial.

B. Odors. Ventilation devices and other sources of odors shall be directed away from residential property.

C. Light and Glare.

1. Exterior lighting for institutions shall be shielded or directed away from principal structures on adjacent residential lots.

2. Poles for freestanding exterior lighting shall be permitted up to a maximum height of thirty (30) feet. Light poles for illumination of athletic fields on new and existing public school sites will be allowed to exceed thirty (30) feet subject to the requirements of Section 23.45.112, Public schools.

23.45.102 Institutions -Dispersion criterion.

A. The lot line of any new or expanding institution other than child care centers locating in legally established institutions shall be located six hundred (600) feet or more from any lot line of any other institution in a residential zone with the following exceptions:

1. An institution may expand even though it is within six hundred (600) feet of a public school if the public school is constructed on a new site subsequent to December 12, 1985.

2. A proposed institution may be located less than six hundred (600) feet from a lot line of another institution if the Director determines that the intent of the dispersion criteria 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, which provide substantial separation from other institutions.

23.45.106 Public facilities.

A. Except as provided in subsections B, E, F and G of this section below, uses in public facilities that are most similar to uses permitted outright or permitted as an administrative conditional use under this chapter shall also be 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. The City Council may waiver or modify applicable development standards or administrative conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial Decisions and City facilities considered as Type V legislative decisions.

B. Other Permitted Uses in Public Facilities Requiring City Council Approval. The following uses in public facilities shall be permitted outright in all multifamily zones, when the development standards for institutions (Sections 23.45.092 through 23.45.102) are met:

1. Police precinct stations;

2. Fire stations;

3. Public boat moorages;

4. Utility services uses; and

5. Other similar uses.

If the proposed public facility use does not meet the development standards for institutions, the City Council may waive or modify applicable development standards according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. In all multifamily zones, uses in public facilities not meeting development standards may be permitted by the Council if the following criteria are satisfied:

1. the project provides unique services which are not provided to the community by the private sector, such as police and fire stations; and

2. The proposed location is required to meet specific public service delivery needs; and

3. The waiver or modification to the development standards is necessary to meet specific public service delivery needs; and

4. The relationship of the project to the surrounding area has been considered in the design, siting, landscaping and screening of the facility. D. Expansion of Public Facilities.

1. Major Expansion. Major expansion of public facilities allowed pursuant to 23.45A.004 may be approved by the City Council subject to the criteria of subsections C1 and C2 of this section. A major expansion of a public facility occurs when an expansion would not meet development standards or the area of the expansion would exceed either seven hundred fifty (750) square feet or ten (10) percent of the existing area of the use, whichever is greater. For the purposes of this subsection, area of use includes gross floor area and outdoor area devoted actively to that use, other than as parking.

2. Minor Expansion. 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 23.45A.004 are permitted according to the provisions of Chapter 23.76, for a Type I Master Use Permit.

D. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B of this section above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B of this section above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

E. The following public facilities shall be prohibited in all multifamily zones:

1. Jails;

2. Work-release centers;

3. METRO operating bases;

4. Park and Ride lots;

5. Sewage treatment plants;

6. Solid waste transfer stations;

7. Animal control shelters; and

8. Post office distribution centers.

F. Specific Development Standards for Public Facilities.

1. Sale and consumption of beer during daylight hours on public park premises shall be permitted in a building or within fifty feet (50') of the building on an adjoining terrace; provided, that such use shall be in a completely enclosed building or enclosed portion of building when within one hundred feet (100') of any lot in a residential zone.

2. Sale and consumption of alcoholic beverages under a Class H liquor license on municipal golf course premises during the established hours of operation of the golf course shall be permitted in a building or within fifty (50) feet of the building on an adjoining terrace, provided, that such use shall be in a completely enclosed building or enclosed portion of building when within one hundred (100) feet of any lot in a residential zone.

G. Convention Center. The location or expansion of a public convention center may be permitted in the Highrise Zone through a Type IV Council land use decision. The following shall be considered in evaluating and approving, conditioning or denying public convention center proposals:

1. In making its decision, the Council shall determine whether the facility serves the public interest. This determination shall be based on an evaluation of the public benefits and the adverse impacts of the facility. The Council shall approve the facility only if it finds that public benefits outweigh the adverse impacts of the facility which cannot otherwise be mitigated.

2. In evaluating the public benefits and adverse impacts of a proposed convention center, the Council shall consider, but is not limited to, the following factors:

a. Economic impacts including, but not limited to, the net fiscal impacts on The State of Washington and City of Seattle, increased employment opportunities, demand for new development and increased tourism in the City and state;

b. Public amenities incorporated in the project including, but not limited to, open spaces accessible to the public and improved pedestrian circulation systems;

c. The relationship of the project to its surroundings with respect to height, bulk, scale, massing, landscaping, aesthetics, view enhancement or blockage, shadows and glare;

d. Impacts of the facility on traffic, parking, street systems, transit and pedestrian circulation;

e. Impacts of the facility on existing residential development in the vicinity of the project, including but not limited to direct and indirect housing loss;

f. Impacts of the facility on local governmental services and operations, including, but not limited to police and fire protection, and water, sewer and electric utilities;

g. Impacts of the facility relative to noise and air quality;

h. Cumulative impacts of the project on governmental services and facilities, natural systems, or the surrounding area, considering the project's impacts in aggregate with the impacts of prior development and the impacts of future development which may be induced by the project;

i. Additional information as the Council deems necessary to fully evaluate the proposal.

3. If the Council approves a convention center, it may attach conditions to its approval as necessary to protect the public interest or to mitigate adverse impacts. Conditions required by the Council may include, but are not limited to, landscaping, screening or other design amenities; parking facilities adequate to accommodate potential parking demands; a traffic management plan; measures to mitigate housing loss; and measures to reduce energy consumption.

H. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

23.45.108 Public or private parks and playgrounds.

The establishment of new or expansion of existing public or private parks and playgrounds, including customary structures and activities, shall be permitted out right in all multifamily zones. Garages and service or storage areas accessory to parks shall be located one hundred (100) feet or more from any other lot in a residential zone and shall be screened from view from such lot.

23.45.110 Ground-floor business and commercial use in Midrise and Highrise zones.

Certain commercial uses shall be permitted outright on the ground floor of multifamily structures in Midrise and Highrise zones under the following conditions. These provisions shall not apply to Midrise and Highrise zones which have been designated ResidentialCommercial on the Official Land Use Map.

A. Location.

1. In Midrise Zones, the use may be located only within a one (1) block radius of a commercial zone.

2. In Highrise Zones, the use may be located anywhere in the zone.

3. The commercial use may be located only on the ground floor of a multifamily structure. On sloping sites, the commercial use may be located at more than one (1) level within the structure as long as the commercial area does not exceed the area of the structure's footprint (Exhibit 23.45.110 A).

B. Permitted Commercial Uses. The following uses are permitted as ground-floor commercial uses in Midrise and Highrise zones:

1. Sales and services, general;

2. Medical services;

3. Restaurants;

4. Business support services;

5. Offices;

6. Food processing and craft work; and

7. Retail sales, major durables.

C. Ground-floor commercial uses shall meet the following standards:

1. All business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed structure, except for off-street vehicle parking and off-street loading. All goods produced shall be sold at retail on the premises where produced.

2. The maximum gross floor area of any one (1) business enterprise shall be no greater than four thousand (4,000) square feet, except that the maximum gross floor area of a multi-purpose convenience store shall be ten thousand (10,000) square feet.

3. Processes and equipment employed and goods processed or sold shall be limited to those which do not produce noticeable odors, dust, smoke, cinders, gas, noise, vibration, refuse matter or water-carried waste.

4. Parking shall be required as provided in Chapter 23.54.

5. No loading berths shall be required for ground-floor commercial uses. If provided, loading berths shall be located so that access to residential parking is not blocked.

6. Identifying signs shall be permitted according to Chapter 23.55, Signs.

23.45.112 Public schools.

Public Schools Meeting Development Standards. New public schools or additions to existing public schools and accessory uses including child care centers that meet the following development standards are permitted in all multifamily zones. Public schools in the Lowrise Duplex/Triplex (LDT) zones shall meet the development standards for public schools in Lowrise 1 (L1) zones. Departures from development standards of this section may be permitted or required pursuant to procedures and criteria established in Chapter 23.79, Establishment of Development Standard Departure for Public Schools.

A. Height.

1. For new public school construction on new public school sites, the maximum permitted height shall be the maximum height permitted in the zone for multifamily structures. For gymnasiums and auditoriums in Lowrise zones that are accessory to the public school, the maximum permitted height is thirty-five (35) feet plus ten (10) feet for a pitched roof if all portions of the structure above the height limit of the zone 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 three to twelve (3:12). No portion of a shed roof on a gymnasium or auditorium is 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 the maximum height permitted in the zone for multifamily structures or thirty-five (35) feet plus fifteen (15) feet for a pitched roof, whichever is greater. If the thirty-five (35) foot height limit applies, all parts of the roof above the height limit must be pitched at a rate of not less than three to twelve (3:12). 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 maximum height permitted in the zone for multifamily structures, 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 all parts of the roof above the height limit must be pitched at a rate of not less than three to twelve (3:12). No portion of a shed roof shall be permitted to extend beyond the thirtyfive (35) foot height 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 that may be granted as a 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 feet (15') 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 a waiver would reduce or eliminate the demolition of residential structures.

5. The provisions regarding height for sloped lots, pitched roofs, and rooftop features for the zone in which the public school is located shall apply.

6. Light Standards.

a. Light standards for illumination of athletic fields on new and existing public school sites may 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 he or she 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.

B. Setbacks.

1. General Requirements.

a. No setbacks shall be required for new public school construction or for additions to existing public school structures for that portion of a site across a street or an alley or abutting a lot in a nonresidential zone. When any portion of a 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 B2 through B5 below. Setbacks for sites across a street or alley from or abutting lots in ResidentialCommercial (RC) zones shall be based upon the residential zone classification of the RC lot.

b. The minimum setback requirement may be averaged along the entire structure facade with absolute minimums for areas abutting lots in residential zones as provided in subsections B2b, B3b and B4b.

c. Trash disposals, openable windows in a gymnasium, main entrances, play equipment, kitchen ventilators or other similar items shall be located at least thirty (30) feet from any single family zoned lot and twenty feet (20') from any multifamily zoned lot.

d. The general setback regulations and exceptions of the zone in which the public school is located apply.

2. New Public School Construction on New Public School Sites.

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 facade height of the school and the designation of the facing residential zone, as follows:

Minimum Setbacks Zone from which Across Facade Height1 SF/L1 L2/L3 MR HR Average Up to 20' 15' 10' 5' 0' 21' to 35' 15' 10' 5' 0' 36' to 50' 20' 15' 5' 0' 51' or more 25' 20' 10' 0'

1Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

b. New public school construction on new public school sites abutting lots in residential zones shall provide minimum setbacks according to the facade height of the school and the designation of the abutting residential zone, as follows:

Minimum Setbacks Abutting Zone Facade Height1 SF/L1 L2/L3 MR HR Average (minimum) Up to 20' 20' (10') 15' (10') 10' (5') 0' (0') 21' to 35' 25' (10') 20' (10') 10' (5') 0' (0') 36' to 50' 25' (10') 20' (10') 10' (5') 0' (0') 51' or more 30' (15') 25' (10') 15' (5') 0' (0')

1 Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

3. New Public School Construction on Existing Public School Sites.

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 facade height of the school and the designation of the facing residential zone, as follows, whichever is less:

Minimum Setbacks Zone from which Across Facade Height1 SF/L1 L2/L3 MR HR Average Up to 20' 10' 5' 5' 0' 21' to 35' 10' 5' 5' 0' 36' to 50' 15' 10' 5' 0' 51' or more 20' 15' 10' 0'

1 Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

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 facade height of the school and the designation of the abutting residential zone, as follows, whichever is less:

Minimum Setbacks Abutting Zone Facade Height1 SF/L1 L2/L3 MR HR Average (minimum) Up to 20' 15' (10') 10' (5') 10' (5') 0' (0') 21' to 35' 15' (10') 15' (10') 10' (5') 0' (0') 36' to 50' 25' (10') 20' (10') 10' (5') 0' (0') 51' or more 30' (15') 25' (10') 15' (5') 0' (0')

1 Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

4. Additions to Existing Public School Structures on Existing Public School Sites (See Exhibit 23.44.017 A).

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 facade height of the school and the designation of the facing residential zone, as follows, whichever is less:

Minimum Setbacks Zone from which Across Facade Height1 SF/L1 L2/L3 MR HR Average (minimum) Up to 20' 5' 5' 5' 0' 21' to 35' 10' 5' 5' 0' 36' to 50' 15' 10' 5' 0' 51' or more 20' 15' 10' 0'

1 Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

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 facade height of the school and the designation of the abutting residential zone, as follows, whichever is less:

Minimum Setbacks Abutting Zone Facade Height1 SF/L1 L2/L3 MR HR Average (minimum) Up to 20' 10' (5') 10' (5') 10' (5') 0' (0') 21' to 35' 15' (5') 10' (5') 10' (5') 0' (0') 36' to 50' 20' (10') 20' (10') 10' (5') 0' (0') 51' or more 25' (10') 25' (10') 15' (5') 0' (0')

1 Height of facade or portion of facade and height of pitched roof to ridge from existing grade.

5. Development standard departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 as follows:

a. The minimum average setback may be reduced to ten (10) feet and the minimum setback to five (5) feet for structures or portions of structures across a street or alley from lots in residential zones.

b. The minimum average setback may be reduced to fifteen (15) feet and the minimum setback to five (5) feet for structures or portions of structures abutting lots in residential zones.

c. The limits in this subsection may be waived by the Director when waiver would reduce or eliminate demolition of residential structures.

C. Structure Width.

1. When a new public school structure is built on a new public school site or on an existing public school site, the maximum width of a structure shall be sixty-five (65) feet unless either the following modulation option or landscape option is met:

a. Modulation Option. Front facades and side and rear facades facing street lot lines shall be modulated according to the following provisions:

(1) The minimum depth of modulation shall be four (4) feet.

(2) The minimum width of modulation shall be twenty (20) percent of the total structure width or ten feet (10'), whichever is greater.

b. Landscape Option. Setbacks and landscaping are required as follows:

(1) One (1) tree and three (3) shrubs are required for each three hundred (300) square feet of required setback. When new trees are planted, at least half must be deciduous.

(2) Trees and shrubs which already exist in the required planting area or have their trunk or center within ten (10) feet of the area may be substituted for required plantings on a one (1) tree to one (1) tree or one (1) shrub to one (1) shrub basis if the minimum standards in Chapter 23.86, Measurements, are met, except that shrub height need not exceed two (2) feet at any time. In order to give credit for large existing trees, a tree may count as one (1) required tree for every three hundred (300) square feet of its canopy spread.

(3) The planting of street trees may be substituted for required trees on a one-to-one (1:1) basis. All street trees shall be planted according to City of Seattle Department of Transportation Tree Planting Standards.

(4) Each setback required to be landscaped shall be planted with shrubs, grass, and/or evergreen ground cover.

(5) Landscape features such as decorative paving are permitted to a maximum of twenty-five (25) percent of each required landscaped area.

2. There is no maximum width limit for additions to existing public school structures on existing public school sites. The Director may require landscaping to reduce the appearance of bulk.

3. Development standard departure from the modulation and landscaping standards may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 to permit other techniques to reduce the appearance of bulk. Modulation and landscaping standards may be waived by the Director when waiver would reduce or eliminate demolition of residential structures.

D. Parking Quantity. Parking is required pursuant to Chapter 23.54.

E. Parking Location. Parking may be located:

1. Within the principal structure; or

2. On any portion of the site except the front setback when separated from streets and from abutting lots in residential zones by a five (5) foot deep area which is landscaped with trees and ground cover determined by the Director as adequate to improve the appearance of the parking from adjacent properties. In the case of a through lot, parking may also be located in one (1) front setback when landscaped as described in this subsection.

3. Development standard departure may be granted or required pursuant to the procedures set forth in Chapter 23.79 to permit parking location anywhere on the site and to reduce required landscaping. Landscaping may be waived in whole or in part if the topography of the site or other circumstances result in the purposes of landscaping being served, as, for example, when a steep slope shields parking from the view of abutting properties. This test may be waived by the Director when waiver would reduce or eliminate demolition of residential structures.

F. Bus and Truck Loading and Unloading.

1. An off-street bus loading and unloading area of a size reasonable to meet the needs of the school shall be provided and may be located in any required setback. The bus loading and unloading area may be permitted in a landscaped area provided under subsection C1b if the Director determines that landscaping around the loading and unloading mitigates the impacts of its appearance on abutting properties.

2. One (1) off-street loading berth is required for new public school construction.

3. Development standard departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 from the requirements and standards for bus and truck loading and unloading areas and berths only when departure would reduce or eliminate demolition of residential structures.

G. Noise, Odor, Light and Glare. The development standards for institutions set forth in Section 23.45A.046 apply. Development standard departure from these standards may be granted or required pursuant to the procedures set forth in Chapter 23.79 only when departure would reduce or eliminate demolition of residential structures.

23.45.116 Administrative conditional uses General provisions.

A. Only those uses identified in this subchapter as conditional uses may be authorized as conditional uses in multifamily zones. The master use permit process shall be used to authorize these uses.

B. Unless otherwise specified in this subchapter, conditional uses shall meet the development standards for uses permitted outright in Subchapter I.

C. The Director may approve, condition or deny a conditional use. The Director's decision shall be based on a determination whether the proposed use meets the criteria for establishing a specific conditional use and whether the use will be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

D. In authorizing a conditional use, the Director may mitigate adverse negative impacts by imposing requirements and conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

E. The Director shall issue written findings of fact and conclusions to support the Director's decision.

F. Any authorized conditional use which has been discontinued shall not be reestablished or recommenced except pursuant to a new conditional use permit. The following shall constitute conclusive evidence that the conditional use has been discontinued:

1. A permit to change the use of the property has been issued and the new use has been established; or

2. The property has not been devoted to the authorized conditional use for more than twenty-four (24) consecutive months.

Property which is vacant, except for dead storage of materials or equipment of the conditional use, shall not be considered as being devoted to the authorized conditional use. The expiration of licenses necessary for the conditional use shall be evidence that the property is not being devoted to the conditional use. A conditional use in a multifamily structure or a multi-tenant commercial structure shall not be considered as discontinued unless all units are either vacant or devoted to another use.

23.45.122 Institutions other than public schools not meeting development standards.

Institutions other than public schools which do not meet development standards established in Section 23.45.090 may be permitted in multifamily zones as administrative conditional uses. The provisions of this section shall apply to Major Institution uses as provided in Chapter 23.69, Major Institution Overlay District.

The following criteria shall be used to evaluate and/or condition the proposals:

A. 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.

B. Dispersion Criteria. An institution which does not meet the dispersion criteria of Section 23.45.102 may be permitted by the Director upon determination that it would not substantially aggravate parking shortages, traffic safety hazards, and noise in the surrounding residential area.

C. Noise. The Director may condition the permit in order to mitigate potential noise problems. Measures to be used by the Director for this purpose include, but are not limited to the following: landscaping, sound barriers or fences, mounding or berming, adjustments to yards or the location of refuse storage areas, or parking development standards, design modification and fixing of hours for use of areas.

D. Transportation Plan.

1. A transportation plan shall be required for proposed new institutions and for those institutions proposing expansions which are larger than four thousand (4,000) square feet of structure area and/or required to provide twenty (20) or more parking spaces.

2. The Director shall determine the level of detail to be disclosed in the transportation plan based on the probable impacts and/or scale of the proposed institution. Consideration of the following elements and other similar factors may be required:

a. Traffic. Number of staff during normal working hours; users, guests and others regularly associated with the institution; level of vehicular traffic generated; traffic peaking characteristics of the institution and the immediate area; likely vehicle use patterns; extent of congestion; types and number of vehicles associated with the use; and mitigating measures to be taken by the applicant;

b. Parking Area. Number of spaces; extent of screening from public or abutting lots; direction of vehicle light glare; direction of lighting; sources of possible vibration; prevailing direction of exhaust fumes; location of driveway and curb cuts; accessibility and convenience of the parking area; and mitigating measures to be taken by the applicant, such as parking space preferences for carpool or vanpool vehicles and provisions for bicycle racks;

c. Parking Overflow. Number of vehicles expected to park in the street; percentage of on-street parking supply to be used by the proposed use; opportunities available to share existing parking areas; trends in local area development and mitigating measures to be taken by the applicant;

d. Safety. Number of driveways which cross pedestrian walkways; location of passenger loading areas;

e. Availability of Mass Transportation. Bus route location and frequency of service; private transportation programs, including carpools and vanpools, to be provided by the applicant.

3. The Director may condition a permit to mitigate potential traffic and parking problems. Measures which may be used by the Director for this purpose include, but are not limited to, the following:

a. Implementing the institution's transportation plan to encourage use of public or private mass transit;

b. Increasing on-site parking or loading space requirements to reduce overflow of vehicles into the on-street parking supply;

c. Changing access and location of parking;

d. Decreasing on-site parking or loading space requirements, if the applicant can demonstrate that less than the required amount of parking is necessary due to the specific features of the institution or the activities and programs it offers. In such cases, the applicant shall enter into an agreement with the Director, specifying the amount of parking required and linking the parking reduction to the features of the institution which justify the reduction. Such parking reductions shall be valid only under the conditions specified, and if those conditions change, the standard requirement shall be satisfied.

23.45.124 Landmark structures.

A. The Director may authorize a use not otherwise permitted in a multifamily zone within a structure designated as a landmark pursuant to the Seattle Municipal Code, Chapter 25.12, Landmark Preservation Ordinance, subject to the following development standards:

1. The use shall be compatible with the existing design and/or construction of the structure without significant alteration; and

2. The use shall be allowed only when it is demonstrated that uses permitted by the zone are impractical because of structure design and/or that no permitted use can provide adequate financial support necessary to sustain the structure in reasonably good physical condition; and

3. The use shall not be detrimental to other properties in the zone or vicinity or to the public interest.

B. The parking requirements for a use allowed in a landmark are those listed in Section 23.54.015. These requirements may be waived pursuant to Section 23.54.020 C.

23.45.126 Park and pool lot.

The Director may authorize a park and pool lot under the management of a public agency responsible for commuter pooling efforts if the Director shall determine that:

A. It is to be located on an existing parking lot;

B. The parking proposed for the park and pool lot is not needed by the principal use or its accessory uses during the hours proposed for park and pool use; and

C. The park and pool use shall not interfere or conflict with the peak hour activities associated with the principal use and its accessory uses. The Director may control the number and location of parking spaces to be used.

23.45.140 General provisions.

A. The accessory uses listed in this subchapter are permitted in all multifamily zones unless otherwise specified. In addition, other accessory uses customarily incidental to principal uses may be permitted, subject to the provisions of Chapter 23.42, General Use Provisions.

B. Accessory structures shall be counted in structure width and depth if less than three (3) feet from the principal structure at any point. Such detached accessory structures shall have a height limit of twelve (12) feet.

23.45.142 Private garages and private carports.

Private garages and private carports shall be permitted as accessory uses in multifamily zones and shall be subject to the standards of the zone in which they are located.

23.45.144 Swimming pools.

Private, permanent swimming pools, hot tubs and other similar uses are permitted as accessory uses subject to the following standards:

A. Swimming pools may be located in any required setbacks, provided that:

1. No part of any swimming pool shall project more than eighteen (18) inches above existing grade in a required front setback; and

2. No swimming pool shall be placed closer than five (5) feet to any front or side lot line.

B. All pools shall be enclosed with a fence, or located within a yard enclosed by a fence, not less than four (4) feet in height and designed to resist the entrance of children.

C. Swimming pools may be included in the measurement of required open space.

23.45.146 Solar collectors.

A. Solar Greenhouses in Required Setbacks. Solar greenhouses attached and integrated with the principal structure and no more than twelve (12) feet in height are permitted as accessory uses. Such solar greenhouses may extend a maximum of six (6) feet into required front and side setbacks. Attached solar greenhouses in required setbacks shall be no closer than:

1. Three (3) feet from side lot lines; and

2. Eight (8) feet from front lot lines.

3. Solar greenhouses may be built to a rear lot line which abuts an alley, provided that the greenhouse is no taller than ten (10) feet along the rear property line, and of no greater average height than twelve (12) feet for a depth of fifteen (15) feet from the rear property line, and the greenhouse is no wider that fifty (50) percent of lot width for a depth of fifteen (15) feet from the rear property line. Otherwise solar greenhouses shall be no closer than five (5) feet from the rear lot line.

B. Solar Collectors in Required Setbacks. Solar collectors which meet minimum written energy conservation standards administered by the Director are permitted in required setbacks according to the following provisions:

1. Detached solar collectors shall be permitted in required rear setbacks. Such collectors shall be no closer than five (5) feet to any other principal or accessory structure.

2. Detached solar collectors shall be permitted in required side setbacks. Such collectors shall be no closer than five (5) feet to any other principal or accessory structure, and no closer than three (3) feet to the side lot line.

3. The area covered or enclosed by solar collectors may be counted as required open space.

4. Sunshades which provide shade for solar collectors which meet minimum written energy conservation standards administered by the Director may project into southern front or rear setbacks. Those which begin at eight (8) feet or more above finished grade may be no closer than three (3) feet from the property line. Sunshades which are between finished grade and eight (8) feet above finished grade shall be no closer than five (5) feet to the property line.

C. Solar Collectors on Rooftops.

1. Lowrise Zones. Solar collectors which are located on rooftops and which meet minimum written energy conservation standards administered by the Director shall be permitted to project up to four (4) feet above the maximum height limit. The four (4) feet permitted for rooftop solar collectors shall not be added to extra height allowed for pitched roofs.

2. Midrise and Highrise Zones.

a. Solar greenhouses which meet minimum energy conservation standards administered by the Director shall be permitted to project up to ten (10) feet above the maximum height limit, including the additional height allowed for sloped lots. The combined total coverage of all rooftop features shall not exceed fifteen (15) percent if the total includes screened mechanical equipment.

b. Rooftop solar collectors other than solar greenhouses shall be permitted to project up to seven (7) feet above the maximum height limit, including the additional height allowed for sloped lots.

c. Extra height permitted for rooftop solar collectors shall not be added to extra height allowed for pitched roofs.

D. Nonconforming Solar Collectors. The Director may permit the installation of solar collectors which cause an existing structure to become nonconforming, or which increase an existing nonconformity, as a special exception pursuant to Chapter 23.76, Master Use Permit. Such an installation may be permitted even if it exceeds the height limits established in Section 23.45.146 C if the following conditions are met:

1. There is no feasible alternative solution to placing the collector(s) on the roof;

2. Such collector(s) are located so as to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for the collectors; and

3. Such collector(s) meet minimum energy standards administered by the Director.

23.45.148 Keeping of animals.

The keeping of animals is regulated by Section 23.42.052, Keeping of Animals.

23.45.150 Beekeeping.

Beekeeping is permitted as an accessory use, when registered with the State Department of Agriculture, and provided that:

A. No more than four (4) hives, each with only one (1) swarm, shall be kept on lots of less than ten thousand (10,000) square feet.

B. Hives shall not be located within twenty-five (25) feet of any property line except when located eight (8) feet or more above the grade immediately adjacent to the subject lot or when situated less than eight (8) feet above the adjacent existing grade and behind a solid fence or hedge six (6) feet high, parallel to any property line within twenty-five (25) feet of a hive and extending at least twentyfive (25) feet beyond the hive in both directions.

23.45.152 Home occupations.

Home occupations are regulated by Section 23.42.050, Home Occupations.

23.45.154 Open wet moorage for private pleasure craft.

Open wet moorage facilities for residential structures are permitted as an accessory use as regulated in Chapter 23.60, Shoreline District, provided that only one (1) slip per residential unit is provided.

23.45.160 Bed and breakfasts.

A bed and breakfast use may be operated in a dwelling unit that is at least five (5) years old by a resident of the dwelling unit under the following conditions:

A. The bed and breakfast use must have a business license issued by the Department of Finance.

B. The operation of a bed and breakfast use may be conducted only within a single dwelling unit.

C. The bed and breakfast shall be operated within the principal structure and not in an accessory structure.

D. Interior and exterior alterations consistent with the development standards of the underlying zone are permitted.

E. There shall be no evidence of such use from the exterior of the structure other than a sign permitted by Section 23.55.022D1, so as to preserve the residential appearance of the structure.

F. No more than two (2) people who are not residents of the dwelling may be employed in the operation of a bed and breakfast, whether or not compensated.

G. Parking shall be required as provided in Chapter 23.54.

23.45.162 Recycling collection station.

Recycling collection stations maintained in good condition shall be permitted in all multifamily zones.

23.45.164 Heat recovery incinerators.

Heat recovery incinerators, located on the same lot as the principal use, shall be permitted as accessory conditional uses, subject to the following conditions:

A. The incinerator shall be located no closer than one hundred (100) feet to any property line unless completely enclosed within a building.

B. If not within a building, the incinerator shall be enclosed by a view-obscuring fence of sufficient strength and design to resist entrance by children.

C. Adequate control measures for insects, rodents and odors shall be maintained continuously.

23.45.166 Off-site parking facilities in Highrise Zones.

Off-site parking facilities accessory to existing residential structures may be permitted in Highrise Zones as a conditional use, under the following conditions:

A. The off-site parking facilities must be accessory to a multifamily structure existing before the effective date of this Land Use Code, which provides less than one (1) parking space per unit, although it may include parking for a new residential development when developed jointly.

B. One (1) off-site parking facility per multifamily structure shall be permitted.

C. Joint use parking by two (2) or more structures is encouraged.

D. The off-site parking facility shall be located in the Highrise Zone.

E. All parking areas shall be covered, except when located on the roof of a garage which is at least ten (10) feet above existing grade. Where parking is visible from the street, it shall have screening between five (5) and six (6) feet in height. Such screening must be set back a minimum of three (3) feet from the street, with landscaping in the setback area. When parking is in an enclosed building, there shall be landscaping in the setback area between the structure and the street.

F. The garage shall have a maximum height of thirty-seven (37) feet. Setbacks shall equal the average of setbacks of abutting structures, but shall not be required to exceed ten (10) feet. Where the street front is used for retail, no setback shall be required.

G. Any lighting used to illuminate a parking area shall be arranged so as to reflect the light away from residences or adjoining premises in any residential zone.