ORDINANCE __________________

AN ORDINANCE relating to land use and zoning, amending Sections 23.45.006, 23.45.018, 23.45.060, 23.45.076, 23.45.142, 23.45.166, 23.46.022, 23.47.004, 23.47.032, 23.47.046, 23.48.034, 23.49.016, 23.50.012, 23.54.025, 23.73.010, 23.76.006, and 23.84.030 of the Seattle Municipal Code, and recodifying Section 23.45.166 as 23.45.081, to modify regulation of off-site parking, to make technical corrections, and to add definitions.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection A of Section 23.45.006 of the Seattle Municipal Code, which Section was last amended by Ordinance 120293, is amended as follows:

23.45.006 General development standards for structures in multifamily zones.

A. Included within Sections 23.45.006 through 23.45.164 6 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.

Section 2. Subsection C of Section 23.45.018 of the Seattle Municipal Code, which Section was last amended by Ordinance 120117, is amended as follows:

23.45.018 Parking and access -Lowrise zones.

C. Location of Parking.

1. Required Pparking shall be located on the same lot site as the principal use requiring the parking, or provided pursuant to Section 23.54.025, Off-site parking, and within eight hundred (800) feet of the lot on which the use requiring parking is located; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building. Off-site parking shall conform to the development standards that apply to the lot where it is located. All barrierfree parking spaces required to meet the Washington State Building Code, Chapter 11 shall be provided on the same lot as the use requiring the parking.

2. Parking may be located in or under a the structure if, provided that:

a. For a ground-related structure housing, the parking is screened from direct street view by the streetfacing 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 an 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 if provided it maintains the following relationships to lot lines and structures. In all cases p Parking located outside of a structure shall be screened from direct street view as provided in subsection D of Section 23.45.018.

a. Between Structures. 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 that is not a ((streetside street lot line (see Exhibit 23.45.018 C). Where the location between the structure and a side lot line is also between a portion of the same structure and the front lot line, subsection C3d(3) shall apply. (See Exhibit 23.45.018 D.)

d. Front and StreetSide Street Lot Lines. Parking may be located between any structure and the front and ((streetside street 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 a ground-related structure housing on a 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 street lot line, and a portion of the same structure which that is equal in width 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 isn not 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 isn not 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 that 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 structures, other than terraced 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;

c. (3) On lots meeting the standards listed in subsections C4b(1) and C4b(2), the following variations may be permitted:

(1) i. Ground-related structurehousing . Parking may be located between the structure and the front lot line,

(2) ii. 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;

d. (4) In order to permit such a variation alternative parking solutions, the Director must determine that siteing conditions, such as the topography of the rest of the lot, or soil and drainage conditions, warrant the variation exception, and that the proposed alternative solution meets the following objectives: Mmaintaining 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.

e. Departures from standards for location of parking may be allowed after design review to the extent provided in Section 23.41.012.

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Section 3. Subsections A and C of Section 23.45.060 of the Seattle Municipal Code, which Section was last amended by Ordinance 118792, are amended as follows:

23.45.060 Midrise -Parking and access.

A. Parking Quantity. Parking shall be required as provided in Chapter 23.54, subject to any adjustments allowed under other applicable provisions of this title.

C. Location of Parking.

1. Required Pparking shall be located on the same lot site as the principal use requiring the parking, or provided pursuant to Section 23.54.025, Off-site parking, and within eight hundred (800) feet of the lot on which the use requiring parking is located; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building. Off-site parking shall conform to the development standards that apply to the lot where it is located. All barrierfree parking spaces required to meet the Washington State Building Code, Chapter 11 shall be provided on the same lot as the use requiring the parking.

2. Parking may be located in or under a the structure if, provided that:

a. For a ground-related structure other than terraced 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 an apartments and for terraced housing, 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 (Exhibit 23.45.060 B).

3. Parking may be located outside a structure if provided it maintains the following relationships to lot lines and structures. In all cases p Parking located outside of a structure shall be screened from direct street view as provided in Section 23.45.060 D.

a. Between Structures. 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 that is not a ((s treetside street lot line (Exhibit 23.45.060 C). Where the location between the structure and a side lot line is also between a portion of the same structure and the front lot line, subsection C3d(3) shall apply (Exhibit 23.45.060 D).

d. Front and StreetSide Street Lot Lines. Parking may be located between any structure and the front and ((streetside street 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 a ground-related structure housing on a 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 streetside street lot line, and a portion of the same structure which that is equal in width to at least thirty (30) percent of the total width of the structure (Exhibit 23.45.060 D);

-ii. The parking is not located in the front setback and isn not 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 that 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 curbcut quantity and width, for lots meeting the following conditions:

(1) Lots proposed for ground-related structures housing with no feasible alley access and with:

(((A)))i. Less than eighty (80) feet of street frontage, or

Bii. Lot depth of less than one hundred (100) feet, or

Ciii. 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; and

(3) Lots proposed for either ground-related structures, apartments or terraced housing which that are waterfront lots and are developed in accordance with Section 24.60.39523.60.365, Shoreline Master ProgramAdministrative conditional uses in the CR Environment;

c. (4) On lots meeting the standards listed in subsections C4b1i through (3), the following variations may be permitted:

(1) A Ground-related structurehousing . Parking may be located between the structure and the front lot line,

(2) B Apartments or terraced housing: . pParking may be located in or under the structure if screened from direct street view by garage doors or by fencing and landscaping;

d. (5)In order to permit such a variation alternative parking solutions, the Director must determine that siteing conditions, such as the topography of the rest of the lot, or soil and drainage conditions, warrant the variation 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 curbcut be authorized to exceed thirty (30) feet in width.

e. Departures from standards for location of parking may be allowed after design review to the extent provided in Section 23.41.012.

Section 4. Subsection C of Section 23.45.076 of the Seattle Municipal Code, which Section was last amended by Ordinance 118794, is amended as follows:

23.45.076 Highrise -Parking and access.

C. Location of Parking.

1. Required Pparking shall be located on the same lot site as the principal use requiring the parking, except accessory off-site parking permitted according to Section 23.45.081166; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the SeattleBellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building.

2. Parking may be located in or under athe structure if, 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 curbcut, the facades may contain one (1) garage door, not to exceed the maximum width allowed for curbcuts.

3. Parking may be located outside a structure provided it maintains the following relationships to lot lines and structures. In all cases pParking 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 23.45.076 B).

c. Parking may be located between any structure and the side lot lines of the lot (Exhibit 23.45.076 B).

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 that have perimeter facades facing a street (Exhibit 23.45.076).

Section 5. Section 23.45.142 of the Seattle Municipal Code, which Section was enacted by Ordinance 110570, is amended as follows:

23.45.142 Parking Private garages, and private carports and surface parking.

Private Accessory Pparking, in garages and private carports, or as surface parking shall be, is permitted as an accessory uses in multifamily zonesand shall be subject to the standards of the zone in which they are located, if the use to which the parking is accessory is on the same lot, or if provided as off-site parking for residential uses. Except for parking garages in Highrise zones, all off-site parking uses are subject to the following limits:

A. Parking and related access shall not be the sole use of any lot.

B. Except for parking accessory to a use or uses on a lot contiguous to the lot where the parking is located:

1. Surface parking and related access shall not comprise more than half of the area of any lot; and

2. Parking and related access under or within a structure or structures shall not exceed half of the combined gross floor area of the structures on any lot.

C. If the off-site parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building.

Section 6. Section 23.45.166 of the Seattle Municipal Code, which Section was last amended by Ordinance 120117, is amended and recodified as Section 23.45.081, as follows:

23.45.166081 Off-site parking facilities in Highrise Zones.

Off-site parking facilities that include only parking accessory to existing residential uses structures aremay be permitted outright in Highrise Zones, either as a principal use or otherwise. Required parking for a residential use in a Highrise Zone may be established pursuant to Section 23.54.025, Off-site parking; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the SeattleBellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building. Any off-site parking in a Highrise Zone must satisfy the following standards 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 that 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.B. The garage shall have a maximum height of thirty-seven (37) feet. Setbacks shall equal or exceed 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 is required.

GC. Any lighting used to illuminate a parking area shall be arranged so as to reflect the light away from residences or adjoining adjacent premises in any residential zone.

Section 7. Subsection B of Section 23.46.022 of the Seattle Municipal Code, which Section was enacted by Ordinance 112777, is amended as follows:

23.46.022 Parking requirements.

B. Location of Parking. Required pParking for commercial uses may be located:

1. On the same lot, according to the locational requirements of the designated residential zone; or

2. Within eight hundred (800) feet of the lot on which the commercial use is located, when either:

a. The parking is located in a commercial zone; or

b. The parking is part of the joint use of existing parking in an RC zone.

3. When required parking is provided on a lot other than the lot of the use to which it is accessory, the provisions of Section 23.54.025, Off-site parkingParking covenants, shall apply.

Section 8. Subsection B of Section 23.47.004 of the Seattle Municipal Code, which Section was last amended by Ordinance 120452, is amended as follows:

23.47.004 Permitted and prohibited uses.

B. All permitted uses shall be allowed as either a principal use or as an accessory use, unless otherwise indicated in Chart A or in this subsection. Off-site parking is permitted, whether as a principal use or not, on any lot where principal use parking is permitted. On any lot where principal use parking is not permitted, off-site parking is permitted subject to the following limits:

1. Parking and related access shall not be the sole use of the lot.

2. Except for parking accessory to a use or uses on a lot contiguous to the lot where the parking is located:

a. Surface parking and related access shall not comprise more than half of the area of the lot; and

b. Parking and related access under or within a structure or structures shall not exceed half of the combined gross floor area of the structures on the lot.

Section 9. Subsection A of Section 23.47.032 of the Seattle Municipal Code, which Section was last amended by Ordinance 120004, is amended as follows:

23.47.032 Parking location and access.

A. Required Pparking for nonresidential uses for any use shall be located on the same lot as that use, or built into or under a the structure on the same lot, or located within eight hundred (800) feet of the lot on which the use to which it is accessory is located. When required parking is provided on a lot other than the lot of the use to which it is accessory, the provisions of Section 23.54.025, Off-site parkingParking covenants, shall apply; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building. Parking for residential uses must be located on the same lot as the residential use to which it is accessory.

Section 10. Subsection A of Section 23.47.046 of the Seattle Municipal Code, which Section was enacted by Ordinance 112777, is amended as follows:

23.47.046 Parking location in pedestrian-designated zones.

A. In P1 and P2 designated zones required parking may be located at the rear of a structure on the same lot as the use served by the parking, or may be built into or under a structure on that lot, or may be located within eight hundred (800) feet of the lot of that use to which it is accessory, according to the provisions of Section 23.54.025, Off-site parkingParking covenants; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building.

Section 11. Subsection A of Section 23.48.034 of the Seattle Municipal Code, which Section was enacted by Ordinance 118302, is amended as follows:

23.48.034 Parking and loading location, access and curbcuts.

A. Required Pparking accessory to nonresidential uses may be provided on-site and/or within eight hundred (800) feet of the lot of the use to which it is accessory, according to the provisions of Section 23.54.025, Off-site parkingParking covenants; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building.

Section 12. Subsection A of Section 23.49.016 of the Seattle Municipal Code, which Section was last amended by Ordinance 120443, is amended as follows:

23.49.016 Parking quantity requirements.

The regulations in this section shall not apply to Pike Market Mixed zones.

A. General Standards.

1. Long-term parking requirements shall be established for all new uses, except as provided in subsection A2. The long-term requirement shall be determined by the accessibility of the area to transit, according to Map 1F. Short-term parking shall also be required for offices and retail sales and service uses in all areas, except as provided in subsection A2.

2. Exceptions to the parking requirement shall be permitted as follows:

a. No parking shall be required for new uses to be located in existing structures, or when existing structures are remodeled.

b. No parking shall be required for residential uses.

c. No parking, either long-term or short-term, shall be required for the first thirty thousand (30,000) square feet of retail sales and service use on lots in areas with high transit access, as identified on Map 1F. No parking, either long-term or short-term, shall be required for the first seven thousand five hundred (7,500) square feet of retail sales and service use on lots in other areas.

d. No parking shall be required for the first two thousand five hundred (2,500) square feet of any nonresidential use that is not a retail sales and service use.

e. No parking shall be required when an existing structure is expanded by up to two thousand five hundred (2,500) square feet or less, provided that this exemption may be used only once by any individual structure.

f. No parking shall be required for any gross floor area in human service or day care use.

g. In Pioneer Square Mixed zones, the Director of the Department of Neighborhoods, after review and recommendation by the Pioneer Square Preservation Board, may waive or reduce required parking according to the provisions of Section 23.66.170, Parking and access.

h. In International District Mixed and International District Residential zones, the Director of the Department of Neighborhoods, after review and recommendation by the International District Special Review District Board, may waive or reduce required parking according to the provisions of Section 23.66.342, Parking and access. In these zones, the parking requirements for restaurants, motion picture theaters, and other entertainment uses and places of public assembly shall be established pursuant to the requirements of Section 23.66.342, rather than the provisions of this section.

3. Location of Required Parking.

a. Required parking may be provided on the lot, and/or within eight hundred (800) feet of the lot on which the use is located, and/or within sixteen hundred (1,600) feet of the lot for lots in DH1 zones, provided that:

(1) The parking is located in a downtown zone in conformance with the accessory parking regulations for that zone; and

(2) When parking is provided on a lot other than the lot of the use for which it is required, the parking shall be established pursuant to the requirements of Section 23.54.025, Off-site parking; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the SeattleBellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building. owner of the parking spaces shall be responsible for notifying the Director should the use of the lot for the required parking cease. In this event, the principal use must be discontinued, other parking meeting the requirements of this code must be provided within thirty (30) days, or a variance must be applied for within fourteen (14) days, and subsequently granted. A covenant between the owner of the parking spaces, the owner or operator of the principal use, and The City of Seattle stating the responsibilities of the parties shall be executed. This covenant and accompanying legal descriptions of the principal use lot and the lot upon which the spaces are to be located shall be recorded with the King County Department of Records and Elections and a copy with the recording number and parking layouts shall be submitted as part of any permit application for any development requiring parking.

b. In lieu of providing required long-term parking, payment may be made to the Downtown Parking Fund, according to the provisions of subsection B4.

4. For the purposes of determining parking requirements, institutions shall be considered "other nonresidential" uses on Chart 23.49.016 A. The parking requirements for nonresidential public projects and City facilities shall be determined on a caseby-case basis.

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Section 13. Subsection B of Section 23.50.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 120115, is amended as follows:

23.50.012 Permitted and prohibited uses.

B. All permitted uses shall be allowed as either a principal use or as an accessory use, unless otherwise indicated in Chart A or in this subsection. Off-site parking is permitted, whether as a principal use or not, on any lot where principal use parking is permitted. On any lot where principal use parking is not permitted, off-site parking is permitted subject to the following limits:

1. Parking and related access shall not be the sole use of the lot.

2. Except for parking accessory to a use or uses on a lot contiguous to the lot where the parking is located:

a. Surface parking and related access shall not comprise more than half of the area of the lot; and

b. Parking and related access under or within a structure or structures shall not exceed half of the combined gross floor area of the structures on the lot.

3. If the off-site parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building.

Section 14. Section 23.54.025 of the Seattle Municipal Code, which Section was enacted by Ordinance 112777, is amended as follows:

23.54.025 Parking covenants Off-site parking.

A. Where Allowed. Off-site parking may be established by permit on a lot where the type of parking proposed is allowed by the provisions of this title, if the lot is an eligible location for parking accessory to the use for which the parking is required. Unless otherwise provided in this title or unless the off-site parking lot and the lot on which the use requiring parking is located are located in an IG1 or IG2 zone, in order to satisfy parking requirements off-site parking must be located within eight hundred (800) feet of the use requiring the parking; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building. If parking and parking access, including the proposed off-site parking, are or will be the sole uses of a lot, or if surface parking outside of structures will comprise more than half of the lot area, or if parking will occupy more than half of the gross floor area of all structures on a lot, then a permit to establish off-site parking may be granted only if one of the following is a permitted use for such lot:

1. principal use parking; or

2. parking accessory to uses on other lots, as a principal use.

Except as provided in this subsection for lots where principal use parking is permitted, this subsection does not affect whether any type of parking is a permitted use on any lot.

B. Development Standards. Off-site parking shall satisfy the screening and landscaping requirements and other development standards applicable where it is located, except to the extent that it is legally nonconforming to development standards prior to establishment of the off-site parking use. Unless otherwise provided, development standards regarding the relation of parking to structures apply to off-site parking in the same manner as they apply to parking accessory to the uses in such structures.

C. Permit Requirements. When all or part of the required parking for a use is to be provided on a lot other than the lot on which the use requiring parking is located, a permit must be obtained to establish off-site parking for the use requiring parking as a use on the off-site parking lot. The permit application must be submitted by or on behalf of the owner of the off-site parking lot along with written consent of the owner of the lot on which the use requiring parking is located or such owner's authorized representative. The permit may be issued only after the applicant has demonstrated that the off-site parking complies with all applicable requirements of this title. Parking allowed only as temporary surface parking does not qualify as off-site parking. Parking shall not be established as off-site parking for more than one use unless authorized to be shared according to the shared parking provisions of this Chapter 23.54, or authorized as a park and pool lot under other provisions of this title. An application to establish off-site parking, or to change the use for which offsite parking is provided, may be considered as part of the application to establish, expand or change the use requiring offsite parking. When maximum parking limits apply to a use, off-site parking permitted for that use shall count against the maximum limit unless otherwise expressly stated in the provisions of this title applicable to the lot where the use requiring parking is located.

D. Required Declaration.

1. When off-site parking is required parking for a use on any lot, the use of the off-site parking shall be committed as such required parking, by a declaration signed and acknowledged by the owner of the off-site parking lot, and by any lessee or operator of the parking.

2. The declaration shall

a. include legal descriptions of the lot on which the use requiring parking is located and the off-site parking lot;

b. identify by an attached drawing the number and location of spaces established as off-site parking for the use requiring parking;

c. include a plan approved by the Director that shows a route of pedestrian travel, with distance indicated, from the off-site parking lot to the lot on which the use requiring parking is located;

d. provide that the use of the identified spaces as off-site parking for the use requiring the parking is exclusive, except to the extent that the Director shall have approved shared parking use pursuant to the provisions of this title, in which case the approved terms of such shared parking use shall be set forth in the declaration;

e. be signed by the owner of the lot on which the use requiring parking is located;

f. state that it runs with the land and continues for the duration of the use for which parking is provided, except to the extent that a permit shall be issued authorizing the off-site parking use to be terminated, suspended or changed under subsection E of this section;

g. state that it does not grant any person the right to use any parking space without payment of such rents, fees or charges as shall have been agreed upon;

h. not include financial terms or other agreements between the owners of the respective lots or their tenants, nor be subject to termination for breach thereof; and

i. be recorded with the King County Records and Elections Division.

3. A copy of the declaration, with attached drawing, must be submitted as part of any permit application for any use for which the off-site parking is to be used to satisfy all or part of the parking requirement. Once the permit application is complete in every other respect, a copy of the declaration, with attached drawing and a recording number assigned by the King County Records and Elections Division, must be submitted prior to issuance of the permit.

4. The declaration shall document and provide notice that the owner of the off-site parking lot has established off-site parking, for the use requiring parking, as the sole permitted use under this title of the areas shown in the declaration, except as may be otherwise provided in the declaration pursuant to subsection D2d of this section.

5. Any actions contrary to the terms of the declaration shall be violations of this title.

E. Termination, change, or suspension of off-site parking use.

1. Except as otherwise provided in subsection F of this section, in order to terminate any off-site parking use, or to establish a new use for which off-site parking will be provided on the off-site parking lot, a change of use permit is required. Such a change of use permit shall not be issued unless

a. the owner of the lot on which the use requiring parking is located has been notified in writing of the change of use; and

b. the off-site parking is not required for any reason, which may include one or more of the following:

(1) the use requiring parking has been discontinued or reduced;

(2) other parking meeting the requirements of this Code has been provided for the use requiring parking and, if it is off-site parking, established by permit;

(3) if permitted by the regulations applicable to the lot on which the use requiring parking is located, a contribution to a parking fund is made in an amount approved by the Director;

(4) a variance allowing the use requiring parking to continue without all or part of such off-site parking has been granted.

2. If the owner of a lot where off-site parking is established plans to improve the property and continue to provide off-site parking for the use requiring parking after completion of the improvements, the owners of such lot and the lot on which the use requiring parking is located, or such owners' authorized representatives, may apply for a temporary suspension of the offsite parking use, by submitting to the Director:

a. a plan, with attached drawings showing the number and location of parking spaces, for providing interim parking for the use requiring parking, satisfying all applicable requirements of this title, until improvements to the off-site parking lot are completed;

b. a plan, with attached drawings showing the number and location of parking spaces, for the provision of permanent parking for the use requiring parking, satisfying all applicable requirements of this title, when the improvements are completed; and

c. such other materials as the Director may require to evaluate the proposal.

If the Director approves the plans for purposes of this section, then the Director may authorize the suspension of the off-site parking use pending the completion of the proposed improvements, conditioned upon issuance of a building permit for the proposed improvements, issuance of any permits necessary to establish the interim parking use, and the actual provision of the interim offsite parking in accordance with applicable development standards.

3. If a use requiring off-site parking is suspended as a result of fire or other casualty, or for substantial renovation or reconstruction, then subject to the applicable provisions in the zone or district where the off-site parking is located, the Director may approve the temporary use of the off-site parking to serve one or more other uses, or as general purpose parking, for a period not to exceed one hundred eighty (180) days, subject to extensions for not more than one hundred eighty (180) days if at the end of the initial period or any extension the use requiring parking has not recommenced.

4. No permit for the demolition of a structure including off-site parking, established under this section or of any portion thereof necessary for such off-site parking, shall be issued, except in case of emergency, unless the off-site parking use has been terminated or temporarily suspended pursuant to this section. If any such structure, or such portion thereof, shall be destroyed as a result of fire or other casualty, then the owner of the off-site parking lot may obtain a change of use permit. Upon such destruction of off-site parking, the lot on which the use requiring parking will be subject to Section 23.54.025 G, Effect of loss of required off-site parking

F. Off-site parking established by covenant.

1. Off-site parking established by a covenant or other document approved by the Director and recorded in the King County real property records consistent with this section as in effect immediately prior to the effective date of this ordinance, if that date is after either the date of vesting under Section 23.76.026 of the Master Use Permit application with which the covenant was submitted or the date when such covenant or other document was approved, may be used as required parking for the use(s) identified in such covenant to the extent to consistent with the Master Use Permit and any other conditions of the Director's approval, without compliance with subsections C and D of this section, so long as such off-site parking use is not discontinued for a period of ninety (90) days, and subject to compliance with any applicable development standards. The owner of any such offsite parking spaces and the owner of the use requiring parking each shall be responsible for notifying the Director should the use of any or all of those spaces as off-site parking for the use requiring parking cease.

2. When maximum parking limits apply to a use requiring off-site parking, off-site parking permitted for that use under this subsection F shall count against the maximum limit unless otherwise expressly stated in the provisions of this title that apply to the lot where the use requiring parking is located.

3. Off-site parking established by covenant or other document approved by the Director, and not by permit establishing off-site parking use, is not subject to the requirements of subsection E of this section.

4. Any replacement off-site parking established by covenant in compliance with subsection G5 of this section shall be considered to have been established as described in subsection F1 of this section.

G. Effect of loss of required off-site parking. If, for any reason, any off-site parking used to satisfy the minimum required parking for any use requiring parking shall not be available for off-site parking for such use in conformity with the applicable use permit and declaration, then it shall be unlawful to continue the use requiring parking unless

1. other parking meeting the requirements of this Code is provided on the same lot as the use requiring parking within thirty (30) days;

2. other off-site parking is secured, a permit is applied for to establish the off-site parking use within thirty (30) days, such permit is obtained within one hundred eighty (180) days, and the other off-site parking is completed in accordance with all applicable requirements and is in use within one hundred eighty (180) days unless the Director, upon finding that substantial progress toward completion has been made and that the public will not be adversely affected by the extension, grants an extension in writing;

3. the loss of off-site parking is caused by damage to or destruction of a structure, and either

a. the owners of the off-site parking and of the lot of the use requiring parking apply for a permit to establish other existing spaces on the off-site parking lot as parking for such use within ninety (90) days, and such permit is granted within one hundred eighty (180) days; or

b. the owner of the off-site parking lot applies for any permit necessary to repair or rebuild the structure so as to provide the off-site parking within ninety (90) days, the off-site parking is completed in accordance with all applicable requirements within one hundred eighty (180) days, unless the Director, upon finding that substantial progress toward completion has been made and that the public will not be adversely affected by the extension, grants an extension in writing, and if the location on the lot of the offsite parking is modified, the owner executes and records within one hundred eighty (180) days an amendment to the declaration approved by the Director identifying the location of the off-site parking in the rebuilt or repaired structure; or

4. a variance is applied for within fourteen (14) days and subsequently granted; or

5. the off-site parking was exempt, under subsection F, from the requirements of subsections C, D and E of this section, and within thirty (30) days substitute off-site parking, on a lot where such parking is permitted by the provisions of this title and consistent with all applicable development standards, is provided and established by recorded covenant consistent with the terms of this section as in effect immediately prior to the effective date of this ordinance.

Unless a variance shall have been applied for within such fourteen (14) day period and not denied, upon the expiration of any applicable period in subsection G1, G2 or G3 of this section without the completion of the action or actions required, the use requiring parking must be discontinued to the extent necessary so that the remaining parking for that use satisfies the applicable minimum parking requirement. Upon the denial of a variance from parking requirements the use requiring parking must be discontinued to that extent, unless the conditions of subsection G1, G2, G3 or G5 are then satisfied. Each period stated in this subsection runs from the first date upon which spaces established as off-site parking are not available for use as off-site parking.

H. Signage.

Signage for off-site parking is required, subject to the applicable restrictions in the zone or district, both on the same lot as the use requiring parking and on the off-site parking lot, as follows:

1. One or more signs, each of a size and at a location to be approved by the Director, must be placed on the same lot as the use requiring parking indicating (i) the address of the off-site parking and (ii) that it is available to one or more user groups (e.g., customers, employees, residents).

2. One or more signs, each of a size and at a location to be approved by the Director, must be placed on the off-site parking lot identifying the use(s) served by the parking spaces, and sufficient signage shall be provided to clearly specify the spaces that are reserved for each use requiring parking and, if applicable, the days and times when the spaces are so reserved.

3. The Director may allow the use of temporary signage for off-site parking serving spectator sports facilities.

I. Management and operation of off-site parking. If a party other than the owner of the off-site parking lot is responsible for its management and operation, the Director may require verification from the owner of the off-site parking lot that the party responsible for its management and operation has been apprised of the requirements of this section and any applicable permits.

When parking is provided on a lot other than the lot of the use to which it is accessory, the following conditions shall apply:

A. The owner of the parking spaces shall be responsible for notifying the Director should the use of the lot for covenant parking cease. In this event, the principal use must be discontinued, other parking meeting the requirements of this Code must be provided within thirty (30) days, or a variance must be applied for within fourteen (14) days and subsequently granted.

B. A covenant between the owner or operator of the principal use, the owner of the parking spaces and The City of Seattle stating the responsibilities of the parties shall be executed. This covenant and accompanying legal descriptions of the principal use lot and the lot upon which the spaces are to be located shall be recorded with the King County Department of Records and Elections, and a copy with recording number and parking layouts shall be submitted as part of any permit application for development requiring parking.

Section 15. Subsection C of Section 23.73.010 of the Seattle Municipal Code, which section was last amended by Ordinance 120004, is amended as follows:

23.73.010 Development standards.

C. Parking.

1. Required Parking. The minimum number of off-street parking spaces required for multifamily uses is specified in Chart A of Section 23.54.015, Required parking, subject to adjustment under any other applicable provision of this title.

2. Location of Parking. Parking for residential shall be provided on the same lot as the principal use. Required Pparking for nonresidential uses may be located on the same lot as the use requiring parking, or built into or under the structure containing such use, or located within eight hundred (800) feet of the lot on which the use is located. When required parking is provided on a lot other than the lot of the use to which it is accessory, the provisions of Section 23.54.025, Off-site parkingParking covenants, shall apply; provided, however, that if the required parking is for a residential use, the parking must be within six hundred (600) feet of the lot on which the residential use is located; and further provided that a minimum of twenty percent (20%) of the residential units must be rented to and occupied by a household with an income at the time of its initial occupancy at or below fifty (50%) of median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) for the life of the building.

Section 16. Subsection B of Section 23.76.006 of the Seattle Municipal Code, which section was last amended by Ordinance 119974 (if Council Bill 113941 is approved by Council and signed by the Mayor), is amended as follows:

23.76.006 Master Use Permits required.

B. The following decisions are Type I:

1. Determination that a proposal complies with development standards;

2. Establishment or change of use for uses permitted outright, temporary uses for four (4) weeks or less not otherwise permitted in the zone, and temporary relocation of police and fire stations for twelve (12) months or less;

3. The following street use approvals associated with a development proposal:

a. Curbcut for access to parking,

b. Concept approval of street improvements, such as additional on-street parking, street landscaping, curbs and gutters, street drainage, sidewalks, and paving,

c. Sidewalk cafes, provided that Type II notice procedures shall be followed for sidewalk cafe approvals,

d. Structural building overhangs,

e. Areaways;

4. Lot boundary adjustments;

5. Modification of the following features bonused under Title 24:

a. Plazas,

b. Shopping plazas,

c. Arcades,

d. Shopping arcades,

e. Voluntary building setbacks;

6. Determinations of Significance (determination that an environmental impact statement is required) for Master Use Permits and for building, demolition, grading and other construction permits (supplemental procedures for environmental review are established in Chapter 25.05, Environmental Policies and Procedures), except for Determinations of Significance based solely on historic and cultural preservation;

7. Discretionary exceptions for certain business signs authorized by Section 23.55.042 D;

8. Waiver or modification of required right-of-way improvements;

9. Special accommodation pursuant to Section 23.44.015;

10. Reasonable accommodation; and

11. Minor amendment to Major Phased Development Permit. ; and

12. Approval to establish, terminate, change or suspend offsite parking use pursuant to Section 23.54.025.

Section 17. Section 23.84.030 of the Seattle Municipal Code, which section was last amended by Ordinance 120443, is amended by adding new subsections, as follows, to be inserted in alphabetical order:

23.84.030 "P."

"Parking lot, off-site" means a lot on which off-site parking is provided or proposed to be provided.

"Parking, off-site" means parking provided to satisfy all or part of the required parking for a use or uses requiring parking, or otherwise reserved for such use or uses, on a lot other than the lot occupied by the use or uses requiring parking, but not including any parking provided on an interim basis as approved by the Director.

Section 18. The several provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances, shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.

Section 19. 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 _______________, 2001, and signed by me in open session in authentication of its passage this _____ day of _______________, 2001.

___________________________________

President of the City Council

Approved by me this _____ day of _______________, 2001.

___________________________________

Paul Schell, Mayor

Filed by me this _____ day of _______________, 2001.

___________________________________

City Clerk

(SEAL)

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