AN ORDINANCE relating to land use and zoning; amending Sections 23.44.017, 23.45.100, 23.45.112 and 23.47.022 of the Seattle Municipal Code to allow taller lighting standards for public school playfield lighting where necessary to improve safety for athletic participants and minimize impacts of glare and light spill.

WHEREAS, athletic fields operated by the Department of Parks and Recreation are typically used in the evenings and on weekends during hours when athletic facilities operated by the Seattle School District are not in use, thereby creating an opportunity for the two entities to collaborate in improving Seattle School District facilities for their joint use; and

WHEREAS, safe and efficient playfield lighting is critical to the value of these facilities to amateur athletes, and stateof-the-art playfield lighting technology will generate the least adverse impact to the surrounding neighborhood in terms of light spill and glare if light standards (poles) are permitted to a height of up to one hundred (100) feet above grade; and

WHEREAS, lighting poles on new and existing public school sites are currently limited to a height of 30 feet in Single Family zones and 35 feet (or the maximum height permitted in the zone) in Multifamily zones ( 23.44.017 and 23.45.112, respectively);

WHEREAS, certain limitations on the use of lights in lighted areas where light poles are in excess of 30 or 35 feet will reduce potential impacts on neighbors of school facilities without infringing upon constitutionally protected activities; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection B of Section 23.44.017 of the Seattle Municipal Code, which Section was last amended by Ordinance 118414, is further amended as follows:

23.44.017 Development standards for public schools. Public schools shall be subject to the following development standards:

* * *

B. Height.

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

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

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

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

6. Light Standards.

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

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

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

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

* * *

Section 2. Subsection C of Section 23.45.100 of the Seattle Municipal Code, which Section was last amended by Ordinance 112830, is further amended as follows:

23.45.100 Institutions-Noise, odors, light and glare, and signs.

* * *

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.

* * *

Section 3. Subsection A of Section 23.45.112 of the Seattle Municipal Code, which Section was last amended by Ordinance 118794, is further amended as follows:

23.45.112 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 the lowrise zones which are accessory to the public school, the maximum permitted height shall be thirty-five (35) feet plus ten (10) feet for a pitched roof if all portions of the structure above 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 shall be permitted to extend above the thirty-five (35) foot height limit under this provision.

2. For new public school construction on existing public school sites, the maximum permitted height shall be 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 which 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 (15) feet for a pitched roof for secondary schools. The standards for roof pitch at paragraph 3 shall apply. All height maximums may be waived by the Director when waiver would contribute to reduced demolition of residential structures.

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

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

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

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

* * *

Section 4. Subsection D of Section 23.47.022 of the Seattle Municipal Code, which Section was last amended by Ordinance 114046, is further amended as follows:

23.47.022 Light and glare standards.

* * *

D. Height.

1. Exterior lighting on poles shall be permitted up to a maximum height of thirty (30) feet from finished grade. In zones with a forty (40) foot or greater height limit, exterior lighting on poles shall be permitted up to a height of forty (40) feet from finished grade, provided that the ratio of watts to area is at least twenty (20) percent below the maximum exterior lighting level permitted by the Energy Code.

2. Athletic Fields.

a. Light poles for illumination of athletic fields on new and existing public school sites will be allowed to exceed the maximum permitted height set forth in Section 23.47.022 D1, 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 poles 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 poles 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 (1/8) one-eighth of a mile of the affected school in order to solicit comments and suggestions on design as well as potential impacts.

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

* * *

Section 5. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 6. 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

02/20/01 Version 17