ORDINANCE _________________

AN ORDINANCE relating to live-work units, authorizing live-work units, establishing development standards for live-work units that are located at street level in Commercial and Neighborhood Commercial zones, correcting minor errors, and amending SMC Sections 23.42.106, 23.46.004, 23.46.006, 23.46.012, 23.47.004, 23.47.024, 23.47.032, 23.47.036, 23.47.042, 23.48.016, 23.49.008, 23.49.011, 23.49.016, 23.49.026, 23.49.146, 23.50.012, 23.53.005, 23.53.015, 23.53.025, 23.53.030, 23.54.015, 23.55.028, 23.71.038, 23.73.010, 23.84.004, 23.84.024, 23.90.006, 25.06.110, and 25.06.130.

WHEREAS, policies and goals of Seattle's Comprehensive Plan encourage business creation, expansion and vitality by allowing for a mix of business activities, while maintaining compatibility with the neighborhood-serving character of business districts, and the character of surrounding areas; and

WHEREAS, policies and goals of Seattle's Comprehensive Plan encourage housing in close proximity to shopping services and employment opportunities; and

WHEREAS, Comprehensive Plan goals and policies encourage a diversity of uses that contribute to the City's total employment base and provide the services needed by the City's residents and businesses; and

WHEREAS, policies and goals of Seattle's Comprehensive Plan encourage the inclusion of housing as part of the mix of activities accommodated in commercial areas at intensities compatible with the intended commercial function of different areas; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new subsection E is added to Section 23.42.106 of the Seattle Municipal Code, which Section was last amended by Ordinance 120609, to read as follows:

23.42.106 Expansion of nonconforming uses.

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E. For purposes of this section, live-work units shall be deemed a nonresidential use.

Section 2. Subsections A and D of Section 23.46.004 of the Seattle Municipal Code, which section was last amended by Ordinance 112777, is amended as follows:

23.46.004 Uses.

A. All uses, except commercial uses and live-work units, which are permitted outright or by conditional use in the applicable residential zone shall be regulated by the residential zone provisions, including provisions relating to accessory uses.

B. Live-work units and Tthe following commercial uses shall be permitted outright:

1. Personal and household retail sales and services;

2. Medical services;

3. Restaurants without cocktail lounges;

4. Business support services;

5. Offices; and

6. Food processing and craft work.

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D. Permitted commercial uses shall be allowed only in structures containing at least one (1) dwelling unit, which may be a live-work unit, according to the development standards of Section 23.46.012, Location of commercial uses.

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Section 3. Subsection C of Section 23.46.006 of the Seattle Municipal Code, which section was last amended by Ordinance 112777, is amended as follows:

23.46.006 Conditional uses.

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C. Parking at or below grade accessory to nonresidential uses or live-work units in adjacent commercial zones may be permitted as a conditional use.

1. The Director may authorize such parking if:

a. The proposed parking is necessary to meet parking requirements, or the proposed parking will be used as a shared parking facility;

b. The proposed parking is necessary to avoid increased parking congestion in the adjacent commercial area;

c. The proposed parking is necessary to avoid creation or worsening of excessive spillover parking in adjacent residential areas;

d. Other parking options such as shared parking have been considered and found to be unavailable in the adjacent commercial zone; and

e. The proposed parking does not encourage substantial traffic to pass through adjacent residential areas.

2. If the Director authorizes a surface parking area, the following standards shall be met:

a. A minimum of fifteen (15) percent of the surface parking area shall be landscaped. Specific landscaped areas required in this subsection shall count toward the fifteen (15) percent.

b. A landscaped setback of at least ten (10) feet shall be provided along the front property line. A landscaped setback of at least five (5) feet in depth shall be provided along all other street property lines.

c. When abutting a property in a residential zone (including RC zones), six (6) foot high screening and a five (5) foot deep landscaped area inside the screening shall be provided.

d. When across the street from a residential zone (including RC zones), three (3) foot high screening shall be provided between the parking area and the landscaped setback along all street property lines.

e. Whenever possible, access to parking shall be from the commercial area.

Section 4. Subsection A of Section 23.46.012 of the Seattle Municipal Code, which section was last amended by Ordinance 116795, is amended as follows:

23.46.012 Location of commercial uses.

A. Commercial uses shall be permitted only on or below the ground floor of a structure that which contains at least one (1) dwelling unit, which may be a live-work unit, except as provided in the Northgate Overlay District, Chapter 23.71.

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Section 5. Section 23.47.004 of the Seattle Municipal Code, which section was last amended by Ordinance 120661, is amended as follows:

23.47.004 Permitted and prohibited uses.

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E. Residential Uses.

1. Residential Use in Single-purpose Residential Structures. The term "single-purpose residential structure" may include a structure with both residential and nonresidential uses, but does not include an assisted living facility or any structure that is part of a mixed-use development meeting the standards in Section 23.47.008. Residential use in single-purpose residential structures is permitted as an administrative conditional use, unless:

a. The structure is located within an area in which the use is either permitted outright or prohibited, as shown on the Maps 23.47.004 A, B, C, D, E, F, G, H, I, and J;

b. The structure is located in a pedestrian-designated zone, in which case residential use is prohibited at street level along the designated principal pedestrian street as provided in Section 23.47.042;

c. The structure is located within a zone that which has a height limit of eighty-five (85) feet or higher, in which case single-purpose residential structures are prohibited;

d. The residential use is a nursing home, in which case it is permitted outright unless prohibited as provided in subsection E1b;

e. The structure is located within the Station Area Overlay District, in which case the provisions of Chapter 23.61 apply;.

f. The structure is in a part of the International Special Review District east of the Interstate 5 Freeway, in which case residential use is permitted outright as provided in Section 23.66.330; or

g. The structure, in any commercial zone, is for a low-income housing project and:

(1) An application for a reservation of tax credit for 1988 and 1989 under the low-income tax credit program administered by the Washington State Housing Finance Ccommission was filed on or before March 15, 1988; or

(2) A nonprofit corporation purchased sites, signed options or entered into a real estate purchase agreement prior to March 15, 1988, in either of which cases the residential use is permitted outright.

2. Residential Use in Mixed-use Development. Residential use in mixed-use development is permitted outright in NC1, NC2, NC2/R, NC3, NC3/R and C1 zones; provided that, for assisted living facilities, which are considered mixed-use development, private living units and parking accessory to those units are prohibited at street level.

3. For purposes of this subsection E, live-work units shall be deemed a nonresidential use.

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Section 6. A new subsection I is added to Section 23.47.004 of the Seattle Municipal Code, which Section was last amended by Ordinance 120661, to read as follows:

23.47.004 Permitted and prohibited uses.

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I. Live-work units.

1. Live-work units are permitted outright in all commercial zones subject to the provisions of this title.

2. Live-work units at street level are prohibited where singlepurpose residential structures are prohibited, as shown on Map 23.47.004 A, Wallingford Urban Center; Map E, South Lake Union Urban Village; Map G, Lake City Hub Urban Village; and Map I, Bitter Lake Village Hub Urban Village.

3. Live-work units located at street level where permitted are subject to the development standards in Section 23.47.036.

Section 7. Subsection A of Section 23.47.004 of the Seattle Municipal Code, which section was last amended by Ordinance 120661, is amended as follows:

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COMMERCIAL USES: CHART A For Section 23.47.004

ZONES

NC1 NC2 NC3 C1 C2

I. COMMERCIAL USE

A. Retail Sales and Services.

1. Personal and household retail sales and services

Multipurpose convenience P P P P P stores

General retail sales and P P P P P service

Major durables sales, service and rental P P P P P

Specialty food stores P P P P P

2. Medical services P/CU1 P/CU1 P/CU1 P/CU1 P/CU1

3. Animal Services2

Animal health services P P P P P

Kennels X X X X P

Animal shelters X X X X X

Pet grooming services P P P P P

4. Automotive retail sales and services

Gas stations P P P P P

Sales and rental of motorized X P P P P vehicles

Vehicle repair, minor P P P P P

Vehicle repair, major X P P P P

Car wash X P P P P

Towing services X X X P P

Automotive parts or accessory sales P P P P P

5. Marine retail sales and services

Sales and rental of large boats X P P P P

Vessel repair, minor P P P P P

Vessel repair, major X X X S S

Marine service station P P P P P

Dry storage of boats X P P P P

Recreational marinas S S S S S

Commercial moorage S S S S S

Sale of boat parts or P P P P P accessories

6. Eating and drinking establishments

Restaurants without cocktail P P P P P lounges

Restaurants with cocktail X P P P P lounges

Fast-food restaurant (750 square feet and under) P P P P P

Fast-food restaurant (over 750 CU CU CU CU CU square feet)

Tavern CU CU P P P

Brewpub CU CU P P P

7. Lodging

Hotel X X P P P

Motel X X P P P

Bed and breakfast P3 P3 P P P

8. Mortuary services X P P P P

9. Existing cemeteries14 P P P P P

B. Principal Use Parking X P P P P

C. Nonhousehold Sales and Service

1. Business support services P P P P P

2. Business incubator P P P P P

3. Sales, service and rental of X P P P P office equipment

4. Sales, service and rental of X X P P P commercial equipment and construction materials

5. Sale of heating fuel X X P P P

6. Heavy commercial services X X X P P

Construction services X X X P P

Commercial laundries X X X P P

D. Offices

1. Customer service office P P P P P

2. Administrative office P P P P P

E. Entertainment

1. Places of public assembly

Performing arts theater X P P P P

Spectator sports facility X P P P P

Lecture and meeting halls X P P P P

Motion picture theater X P P P P

Adult motion picture theater X P P P P

Adult panorams X X X X X

2. Participant sports and recreation

Indoor P P P P P

Outdoor X X X4 P P

F. Wholesale Showroom X X P P P

G. Mini-Warehouse X X P P P

H. Warehouse X X P P P

I. Outdoor Storage X X X5 P P

J. Transportation Facilities

1. Personal transportation services X X P P P

2. Passenger terminals X X P P P

3. Cargo terminals X X X S P

4. Transit vehicle base X X X CCU6 CU6

5. Helistops X X CCU7 CCU7 CU7

6. Heliports X X X X X

7. Airport, land-based X X X X X

8. Airport, water-based X X X X S

9. Railroad switchyard X X X X X

10. Railroad switchyard with mechanized hump X X X X X

K. Food Processing and Craft Work

1. Food processing for human consumption P P P P P

2. Custom and craft work P P P P P

L. Research and Development P P P P P Laboratories

II. SALVAGE AND RECYCLING

A. Recycling Collection Station P P P P P

B. Recycling Center X X X P P

C. Salvage Yard X X X X X

III. UTILITIES

A. Utility Service Uses P P P P P

B. Major Communication Utility8 X X X CCU CCU

C. Minor Communication Utility8 P P P P P

D. Solid Waste Transfer Station X X X X X

E. Power Plants X X X X X

F. Sewage Treatment Plants X X X X X

G. Solid Waste Incineration Facility X X X X X

H. Solid Waste Landfill X X X X X

IV. MANUFACTURING

A. Light Manufacturing X P P P P

B. General Manufacturing X X X P P

C. Heavy Manufacturing X X X X X

V. HIGH-IMPACT USES X X X X X

VI. INSTITUTIONS

A. Institute for Advanced Study P P P P P

B. Private Club P P P P P

C. Child Care Center P P P P P

D. Museum P P P P P

E. School, Elementary or Secondary P P P P P

F. College P P P P P

G. Community Center P P P P P

H. Community Club P P P P P

I. Vocational or Fine Arts School P P P P P

J. Hospital P P P P P

K. Religious Facility P P P P P

L. University P P P P P

M. Major Institutions within a Major Institution Overlay District subject to Chapter 23.69 P P P P P

VII. PUBLIC FACILITIES

A. Jails X X X X X

B. Work-release Center9 CCU CCU CCU CCU CCU

VIII. PARK AND POOL/RIDE LOT

A. Park and Pool Lots P10 P P P P

B. Park and Ride Lots X X CU CU CU

IX. RESIDENTIAL11

A. Single-family Dwelling Units P/CU12 P/CU12 P/CU12 P/CU12 CU12

B. Multifamily Structures P/CU P/CU P/CU P/CU CU

C. Congregate Residences P/CU P/CU P/CU P/CU CU

D. Floating Homes S S S S S

E. Mobile Home Park X X X P CU

F. Artist Studio/Dwelling P/CU P/CU P/CU P/CU CU

G. Caretaker's Quarters P P P P P

H. Adult Family Homes P/CU P/CU P/CU P/CU P

I. Home Occupations P13 P13 P13 P13 P13

J. Nursing Homes P P P P P

K. Assisted Living Facilities P/CU P/CU P/CU P/CU CU

X. LIVE-WORK UNITS15 P P P P P

XI. OPEN SPACE

A. Parks P P P P P

B. Playgrounds P P P P P

XII. AGRICULTURAL USES

A. Animal Husbandry X13 X13 X13 X13 P

B. Horticultural Uses P P P P P

C. Aquaculture P P P P P

P Permitted

X Prohibited

CU Administrative Conditional Use

CCU Council Conditional Use

S Permitted only in the Shoreline District, when permitted by the Seattle Shoreline Master Program

1 Medical service uses over then thousand (10,000) square feet, within two thousand five hundred (2,500) feet of a medical Major Institution Overlay District boundary, shall require administrative conditional use approval, unless included in an adopted Major Institution master plan or located in a downtown zone. See Section 23.47.006.

2 The keeping of animals for other than business purposes shall be regulated by Section

23.47.026.

3 In existing structures only.

4 Outdoor participant sports and recreation uses are permitted at Seattle Center.

5 Outdoor storage is permitted at the Seattle Center, subject to the provisions of Section 23.47.011.

6 New transit vehicle bases accommodating one hundred fifty (150) or fewer buses or existing transit vehicle bases seeking to expand.

7 Permitted only as an accessory use according to Section 23.47.006.

8 See Chapter 23.57 for regulation of communication utilities.

9 Subject to dispersion disposition criteria in Section 23.47.006.

10 Permitted only on parking lots existing at least five (5) years prior to the proposed establishment of the park and pool lot.

11 Residential uses in mixed-use developments satisfying Section 23.47.008 and assisted living facilities are permitted outright in NC1, NC2, NC3 and C1 zones. Residential use in a single-purpose structure generally may be permitted in NC1, NC2, NC3 and C1 zones as an administrative conditional use pursuant to Section 23.47.006. Residential use in single-purpose residential structures is permitted outright in limited areas and circumstances, and is prohibited in certain areas as described in subsection 23.47.004 E. "Single-purpose residential structure" may include a structure with both residential and nonresidential uses but does not include an assisted living facility or any structure that is part of a mixed-use development meeting the standards in Section 23.47.008. All residential uses, other than nursing homes, in the C2 zones are subject to an administrative conditional use approval. Nursing homes are permitted outright in all commercial zones, whether in a mixed-use structure or single-purpose residential use, except in pedestrian-designated zones (see Section 23.47.040).

12 An accessory dwelling unit added to a single-family residence shall be allowed outright and

shall not require a separate conditional use permit. The unit shall be considered accessory

to the single-family residence, shall meet the standards listed for accessory dwelling units in

Section 23.44.041 and shall not be considered a separate dwelling unit for all development standard purposes in commercial zones.

13 Permitted only as an accessory use.

14 Subject to criteria in Section 23.47.004.

15 Subject to Subsection 23.47.004.I and to development standards in Section 23.47.036. Except where expressly treated as a residential use, live-work units shall be deemed a nonresidential use.

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Section 8. Section 23.47.024 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended as follows:

23.47.024 Open space standards.

Usable open space is intended for use by the residents of the development or structure, and shall be required for all residential uses in mixed use development, single-purpose residential structures, and structures with one or more live-work units not located at street level according to the following:

A. Open Space Quantity. Usable open space shall be required for all residential uses in an amount equal to twenty (20) percent of the structure's gross floor area in residential use. Calculation of a structure's gross floor area, for the purposes of this subsection, shall exclude area used for mechanical equipment, accessory parking and unenclosed decks, balconies or porches.

B. Open Space Development Standards.

1. When permitted, required usable open space may be provided at ground level or may be provided above the ground in the form of balconies, decks, solaria, greenhouses, or roof gardens or decks.

2. Balconies and decks provided above the ground as open space shall have a minimum area of sixty (60) square feet and no horizontal dimension shall be less than six (6) feet.

3. Usable open space at ground level, and roof gardens, solaria, and greenhouses provided above ground as open space shall have a minimum area of two hundred fifty (250) square feet. No horizontal dimension shall be less than ten (10) feet.

4. Required usable open space is permitted at the front, sides, or rear of the structure.

5. Parking areas, driveways, and pedestrian access to the nonresidential, live-work or residential entrances, except for pedestrian access meeting the Washington State Building Code, Chapter 11 -Accessibility, shall not be counted as open space.

6. Required open space shall be landscaped according to standards promulgated by the Director.

7. Rooftop space within the following parameters shall not count toward meeting open space requirements: the area eight (8) feet from and in front of a directional antenna and at least two (2) feet from the back of a directional antenna, or, for an omnidirectional antenna, eight (8) feet away from the antenna in all directions. The SeattleKing County Public Health Department may require a greater distance for paging facilities after review of the Non-Ionizing Electromagnetic Radiation (NIER) report.

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. Parking for nonresidential uses and live-work units shall be located on the lot or built into or under the structure or within eight hundred (800) feet of the lot on which the use is located. When 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, Parking covenants, shall apply. Parking for residential uses must be located on the same lot as the residential use to which it is accessory.

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Section 10. A new Section 23.47.036 is added to the Seattle Municipal Code, which reads as follows:

23.47.036 Development standards for live-work units.

A. Live-work units shall be subject to the development standards of the underlying zone.

B. Live-work units at street level shall be further subject to the development standards provided below:

1. The portion of the live-work unit in which business is conducted must be located between the principal street and the residential portion of the live-work unit.

2. When transparency is required, clear or lightly tinted glass in windows, doors and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows with a minimum thirty (30) inch depth from the outside.

Section 11. Subsection C of Section 23.47.042 of the Seattle Municipal Code, which section was last amended by Ordinance 120609, is amended as follows:

23.47.042 Uses in pedestrian-designated zones.

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C. Prohibited Uses.

1. Drive-in businesses, including gas stations, are prohibited in pedestrian-designated zones.

2. Live-work units are prohibited at street-level in pedestriandesignated zones.

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Section 12. A new subsection C is added to Section 23.48.016 of the Seattle Municipal Code, which section was last amended by Ordinance 118302, is amended as follows:

23.48.016 Standards applicable to specific areas.

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C. For purposes of this section, live-work units shall be deemed a residential use unless located at street level. Live-work units located at street level shall be deemed a nonresidential use.

Section 13. Subsection B of Section 23.49.008 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended as follows:

23.49.008 Structure height.

The following provisions regulating structure height apply to all property in downtown zones except the DH1, PSM, IDM, and IDR zones.

* * *

B. In Downtown Mixed Residential (DMR) zones, height shall be regulated as follows:

1. No structure which contains only nonresidential or live-work uses, and no portion of a mixed use structure which contains nonresidential or live-work uses, may extend beyond the lower height limit established on the Official Land Use Map, except for rooftop features permitted by subsection C of this section.

2. Structures which contain only residential uses, and portions of mixed use structures which contain only residential uses, may extend to the higher height limit established on the Official Land Use Map.

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Section 14. Subsection B of Section 23.49.011 of the Seattle Municipal Code, which section was last amended by Ordinance 120443, is amended as follows:

23.49.011 Floor area ratio.

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B. Exemptions and Deductions from FAR Calculations.

1. The following are not included in chargeable floor area, except as specified below in this section:

a. Retail sales and service uses and entertainment use in the DRC zone up to a maximum FAR of two (2);

b. Street-level uses meeting the requirements of Section 23.49.025, Street-level use requirements, whether or not street-level use is required pursuant to Map 1H, if the uses and structure also satisfy the following standards:

(1) The street level of the structure containing the exempt space must have a minimum floor to floor height of thirteen (13) feet;

(2) The street level of the structure containing the exempt space must have a minimum depth of fifteen (15) feet;

(3) Overhead weather protection is provided satisfying the provisions of 23.49.025 B5.

c. In the DRC zone, shopping corridors and retail atriums;

d. Child care;

e. Human service use;

f. Residential use, except in the PMM and DH2 zones;

g. Live-work units, except in the PMM and DH2 zones;

hg. Museums;

ih. Performing arts theaters;

ji. Floor area below grade;

kj. Floor area that is used only for short-term parking or parking accessory to residential uses, or both, subject to a limit on floor area used wholly or in part as parking accessory to residential uses of one (1) parking space for each dwelling unit on the lot with the residential use served by the parking;

lk. Floor area of a public benefit feature that would be eligible for a bonus on the lot where the feature is located. The exemption applies regardless of whether a floor area bonus is obtained, and regardless of maximum bonusable area limitations; and

ml. Public restrooms.

2. As an allowance for mechanical equipment, three and one-half (31/2) percent of the gross floor area of a structure shall be deducted in computing chargeable gross floor area. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection B1, or B3 if applicable, has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof and will not be counted in gross floor area calculations.

3. In lieu of the exemptions allowed in subsection B1 of this section, an applicant may elect in writing, at the time of filing of an original master use permit application that involves the proposed addition or change of use of floor area on any lot wholly within a DMC zone on which no bonus floor area has been or is proposed to be gained under Section 23.49.012 or Section 23.49.013, that the following areas on such lot shall be exempt from base and maximum FAR calculations:

a. All gross floor area in residential use, except on lots from which development rights have been or are transferred;

b. All gross floor area below grade;

c. All gross floor area used for accessory parking; and

d. The gross floor area of public benefit. features, other than housing, that satisfy the requirements of Section 23.49.126, Rratios for public benefit features, or that satisfy the requirements for a FAR bonus amenity allowable to a structure in a DOC1 or DOC2 zone for an off-site public benefit feature, and, in either case, satisfy the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of the maximum bonusable area limitation.

Section 15. Subsections A and B 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 IF.1 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, including the residential portion of live-work units.

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 IF. 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 or live-work unit 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 child care use.

g. In Pioneer Square Mixed zones, the Director of the Department of Neighborhoods, upon the recommendation of 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, upon the recommendation of 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 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 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 and live-work units 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 case-bycase basis.

B. Parking Requirements.

1. The long-term and short-term parking requirement for offices, retail sales and service uses, and other nonresidential uses shall be as established on Chart 23.49.016 A. The unrestricted long-term parking requirement for all uses except lodging uses may be reduced by providing additional carpool spaces, vanpools, or subsidized transit passes, according to subsection B3.

2. Carpool spaces provided to meet the requirements of subsection B1 shall either be:

a. Physically set aside and designated for exclusive carpool use between six (6:00) a.m. and nine-thirty (9:30) a.m., and shall not be leased to tenants for long-term parking, except as parking for carpools and vanpools. Required carpool spaces not used by carpool vehicles by nine-thirty (9:30) a.m. shall be used as public short-term parking with appropriate signage provided; or

b. Subsidized, provided that the subsidy shall be equal to at least thirty (30) percent of the monthly market rate charged the general public for a parking space. Subsidized spaces shall be provided at the rate that carpools are formed.

3. The following substitution rates shall be used to reduce the longterm parking requirement for all nonresidential and live-work uses, except lodging uses:

a. One (1) vanpool may be substituted for six (6) parking spaces. The unrestricted long-term parking requirement may be reduced not more than ten (10) percent for vanpool substitutions. If the proponent elects to use the vanpool option, the necessary number of vans meeting the standards of the Commuter Pool Division of Metro shall be acquired, or a surety instrument acceptable to the Director shall be posted; and, vanpools shall be organized for employees in the structure. Before a certificate of occupancy may be issued, details of the vanpool program shall be spelled out in a Memorandum of Agreement executed between the proponent, his or her transportation coordinator, the Director and the Seattle Rideshare office.

b. Each carpool space in excess of those required by subsection B1, which is physically reserved or subsidized according to the provisions of subsection B2, may be substituted for one and nine-tenths (1.9) parking spaces. No more than fifty (50) percent of the total number of long-term parking spaces provided shall be set aside or discounted for carpools.

c. A fifteen (15) percent reduction in the unrestricted long-term parking requirement may be achieved by providing free transit passes to all employees in the structure for at least five (5) years.

4. In lieu of providing long-term parking spaces on the lot or within eight hundred (800) feet of the lot, long-term spaces may be provided by a payment to the Downtown Parking Fund, if the Director determines that the parking impacts of the development can be met by other means. The Director's determination shall be based on any relevant factors including but not limited to the following:

a. Proximity of the site to public parking;

b. The level of transit service to the lot;

c. Proposals by the applicant to encourage building tenants to use alternatives to single-occupancy vehicles.

5. The following requirements shall apply to all structures containing more than ten thousand (10,000) square feet of nonresidential use:

a. A transportation coordinator position shall be established and maintained within the proposed structure to devise and implement alternative means for employee commuting. The coordinator shall be trained by the Seattle Rideshare office or by an alternative organization with ridesharing experience, and shall work with the Seattle Rideshare office, Metro Commuter Pool staff, building tenants, and other building lessors. The coordinator shall disseminate ridesharing information to building occupants to encourage use of public transit, carpools, vanpools and flextime; administer the inhouse ridesharing program; and aid in evaluation and monitoring of the ridesharing program. The transportation coordinator in addition shall survey all employees once a year to determine commute mode percentages.

b. The Seattle Rideshare office, in conjunction with the transportation coordinator, shall monitor the effectiveness of the ridesharing/transit incentive program on a quarterly basis. The owner or operator of the structure shall grant a designated Seattle Rideshare office representative right of entry to the parking facility to periodically review operation of the carpool set aside program.

c. A transportation information center shall be provided and maintained, which has transit information displays including transit route maps and schedules and Seattle ridesharing program information. The transportation display shall be located in the lobby or other location highly visible to employees within the structure prior to issuance of a certificate of occupancy.

* * *

Section 16. Subsection B of Section 23.49.026 of the Seattle Municipal Code, which section was last amended by Ordinance 120443, is amended as follows:

23.49.026 General requirements for residential uses.

* * *

B. Common Recreation Area. Common recreation area is required in all new structures containing more than twenty (20) dwelling units. Required common recreation area shall meet the following standards:

1. An area equivalent to five (5) percent of the total gross floor area in residential use, excluding an amount of floor area equal to any credit floor area obtained as part of the TDC Program, SMC Section 23.49.041, shall be provided as common recreation area. The common recreation area shall be available to all residents and may be provided at or above ground level.

2. A maximum of fifty (50) percent of the common recreation area may be enclosed.

3. The minimum horizontal dimension for required common recreation areas shall be fifteen (15) feet, and no required common recreation area shall be less than two hundred twenty-five (225) square feet.

4. Parking areas, driveways and pedestrian access, except for pedestrian access meeting the Washington State Rules and Regulations for Barrier Free Design, shall not be counted as common recreation area.

5. In PSM zones, the Director of the Department of Neighborhoods, on recommendation of the Pioneer Square Preservation Board, may waive the requirement for common recreation area, pursuant to the criteria of Section 23.66.155, Waiver of common recreation area requirements.

6. In IDM and IDR zones, the Director of the Department of Neighborhoods, on recommendation of the International District Special Review District Board, may waive the requirement for common recreation area, pursuant to the criteria of Section 23.66.155, Waiver of common recreation area requirements.

7. For lots abutting designated green streets or located anywhere within the Denny Triangle Urban Village, as shown on Map 23.49.041 A, up to fifty (50) percent of the common recreation area requirement may be met through participation in the development of the green street.

8. For projects as described in subsections B8a and B8b below that participate in the TDC Program pursuant to SMC Section 23.49.041, the total amount of required common recreation area shall not exceed:

a. Fifty (50) percent of the lot area, for development with only residential use; or

b. Thirty-five (35) percent of the lot area, for mixed-use development with at least twenty (20) residential or live-work units and eightyfive thousand (85,000) square feet of nonresidential floor area, excluding area used for parking.

* * *

Section 17. Subsection B of Section 23.49.146 of the Seattle Municipal Code, which section was last amended by Ordinance 113279, is amended as follows:

23.49.146 Downtown Mixed Residential, principal and accessory parking.

* * *

B. Accessory Parking.

1. Accessory parking garages for both long-term and short-term parking shall be permitted outright, when located on the same lot as the use which they serve, up to the maximum parking limit established by Section 23.49.016, Parking quantity requirements. Parking garages providing accessory parking for residential uses, which includes the residential portion of live-work units, located on another lot may be permitted as conditional uses pursuant to Section 23.49.148. Parking garages providing accessory parking for nonresidential uses located on another lot shall be prohibited.

2. Accessory surface parking areas shall be:

a. Prohibited in DMR/R areas;

b. Permitted outright in DMR/C areas when containing twenty (20) or fewer parking spaces; or

c. Permitted as a conditional use in DMR/C areas when containing more than twenty (20) parking spaces, pursuant to Section 23.49.148.

Section 18. Chart A of Section 23.50.012 of the Seattle Municipal Code, which section was last amended by Ordinance 120155, is amended as follows:

* * *

INDUSTRIAL USES Chart A for Section 23.50.012

Uses Zones

IB IC IG1 and IG1 in IG2 in IG2 the the (general) Duwamish Duwamish M/I M/I Center Center

I. Manufacturing.

A. Light manufacturing P P P P P

B. General manufacturing P P P P P

C. Heavy manufacturing CU X or CU1 P or CU2 P P

II. High-impact Uses. X X or CU3 X or CU4 X or CU4 X or CU4

III. Commercial.

A. Retail sales and service

1. Personal and household sales and services P P P P P

2. Medical services P/CU5 P/CU5 P/CU5 P/CU5 P/CU5

3. Animal services

a. Animal health services P P P P P

b. Kennel X P P P P

c. Animal control shelter P P P P P

d. Pet grooming services P P P P P

4. Automotive retail sales P P P P P and service

5. Marine retail sales and P P P P P service

6. Eating and drinking establishment

a. Fast-food restaurants CU CU CU P P over 750 square feet

b. Fast-food restaurants P P P P P under 750 square feet

c. Restaurants with or P P P P P without cocktail lounges

d. Tavern P P P P P

e. Brewpub P P P P P

7. Lodging CU CU CU X X

8. Mortuary service P P P X X

9. Existing cemeteries P P P P P

10. New cemeteries X X X X X

B. Principal use parking, P P P X X surface area or garage

C. Nonhousehold sales and P P P P P services

D. Office P P P P P

E. Entertainment

1. Places of public assembly

a. Performing arts theater P P P X X

b. Spectator sports facility P P P X6 X6

c. Lecture and meeting halls P P P P P

d. Motion picture theater P P P X X

e. Motion picture theater, X X X X X adult

f. Adult panorams X X X X X

2 Participant sports and recreation

a. Indoor P P P X P

b. Outdoor P P P X P

F. Wholesale Showroom P P P P P

G. Mini-warehouse P P P X P

H. Warehouse P P P P P

I. Outdoor storage P P P P P

J. Transportation Facilities

1. Personal transportation P P P P P services

2. Passenger terminal P P P P P

3. Cargo terminal P P P P P

4. Transit vehicle base CU CU CU CU CU

5. Helistop CCU CCU CCU CCU CCU

6. Heliport X CCU CCU CCU CCU

7. Airport, land-based X CCU CCU CCU CCU

8. Airport, water-based X CCU CCU CCU CCU

9. Railroad switchyard P P P P P

10. Railroad switch yard with X X CU CU CU mechanized hump

K. Food processing and craft P P P P P work

L. Research and development P P P P P laboratory

IV. Salvage and Recycling

A. Recycling collection P P P P P station

B. Recycling center P P P P P

C. Salvage yard X X P P P

V. Utilities.

A. Utility services use P P P P P

B. Major communication CU CU CU CU CU utility7

C. Minor communication P P P P P utility7

D. Solid waste transfer X CU CU CU CU station

E. Power plant X CCU P P P

F. Sewage treatment plant X CCU CCU CCU CCU

G. Solid waste incineration X CCU CCU CCU CCU facility

H. Solid waste landfills X X X X X

VI. Institutions.

A. Institute for advanced P P P X X study

B. Private clubs EB EB EB X X

C. Child care center P P P P P

D. Museum EB EB EB X8 X8

E. School, elementary or EB EB EB X X secondary

F. College EB EB EB X9 X9

G. Community center EB EB EB P P

H. Community club EB EB EB X P

I. Vocational or fine arts P P P P P school

J. Hospital EB EB CU10 P P

K. Religious facility EB EB EB EB EB

L. University EB EB EB X9 X9

M. Major institutions, subject EB EB EB EB EB to the provisions of Chapter 23.69

VII. Public Facilities.

A Jails X X X X X

B. Work-release centers X X X X X

C. Secure Community Transition X X X X X Facility

D. Other public facilities CCU CCU CCU CCU CCU

VIII. Park and Pool/Ride Lots.

A. Park and pool lots P11 P11 P11 CU CU

B. Park and ride lots CU CU CU CU CU

IX. Residential.

A. Single-family dwelling X X X X X units

B. Multi-family structures X X X X X

C. Congregate residences X X X X X

D. Adult family homes X X X X X

E. Floating homes X X X X X

F. Mobile home park X X X X X

G. Nursing homes X X X X X

H. Artist's studio/dwelling EB/CU EB/CU EB/CU EB/CU EB/CU

I. Caretaker's quarters P P P P P

J. Assisted living facility X X X X X

K. Residential use except CU CU CU CU CU artist's studio/dwelling and caretaker's quarters in a landmark structure or landmark district

X. Live-work units X X X X X

XI. Open Space.

A. Parks P P P P P

B. Playgrounds P P P P P

XII. Agricultural Uses

A. Animal husbandry X X X X X

B. Horticultural use X X X X X

C. Aquaculture P P P P P

P = Permitted

X = Prohibited

CU = Administrative conditional use

CCU = Council conditional use

EB = Permitted only in a building existing on October 5, 1987.

* * *

Section 19. Subsection A of Section 23.53.005 of the Seattle Municipal Code, which section was last amended by Ordinance 115568, is amended as follows:

23.53.005 Access to lots.

A. Street or Private Easement Abutment Required.

1. For residential uses, at least ten (10) feet (10') of a lot line shall abut on a street or on a private permanent vehicle access easement meeting the standards of Section 23.53.025; or the provisions of Section 23.53.025 F for pedestrian access easements shall be met.

2. For nonresidential uses which do not provide any parking spaces, at least five (5) feet (5') of a lot line shall abut on a street or on a private permanent vehicle access easement meeting the standards of Section 23.53.025.

3. For nonresidential uses and live-work units that which provide parking spaces, an amount of lot line sufficient to provide the required driveway width shall abut on a street or on a private permanent vehicle access easement to a street meeting the standards of Section 23.53.025.

* * *

Section 20. Subsection D of Section 23.53.015 of the Seattle Municipal Code, which section was last amended by Ordinance 119239, is amended as follows:

23.53.015 Improvement requirements for existing streets in residential and commercial zones.

* * *

D. Exceptions.

1. Streets With Existing Curbs.

a. Streets With Right-of-Way Greater Than or Equal to the Minimum Width. When a street with existing curbs abuts a lot and the existing right-of-way is greater than or equal to the minimum width established in subsection A6 of this section, but the roadway width is less than the minimum established in the Street Improvement Manual, the following requirements shall be met:

(1) All structures on the lot shall be designed to accommodate the grade of the future street improvements.

(2) A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

(3) If there is no sidewalk, a sidewalk shall be constructed in the portion of the right-of-way abutting the lot, except when the following types of projects are proposed:

i. Remodeling and use changes within existing structures; and

ii. Additions to existing structures which are exempt from environmental review.

b. Streets With Less than the Minimum Right-of-Way Width. When a street with existing curbs abuts a lot and the existing right-of-way is less than the minimum width established in subsection A5 of this section, the following requirements shall be met:

(1) Setback Requirement. A setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section shall be required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. In all residential zones except Highrise zones, an additional three (3) foot setback shall also be required. The area of the setback may be used to meet any development standards, except that required parking may not be located in the setback. Underground structures that which would not prevent the future widening and improvement of the right-of-way may be permitted in the required setback by the Director of Design, Construction and Land Use after consulting with the Director of Transportation.

(2) Grading Requirement. When a setback is required, all structures on the lot shall be designed to accommodate the grade of the future street according to the Street Improvement Manual.

(3) No-protest Agreement Requirement. A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

2. Projects With Reduced Improvement Requirements.

a. One (1) or Two (2) Dwelling Units. When one (1) or two (2) dwelling units are proposed to be constructed, or one (1) or two (2) Single Family zoned lots are proposed to be created, the following requirements shall be met:

(1) If there is no existing hard-surfaced roadway, a crushed-rock roadway at least sixteen (16) feet in width shall be required, according to the Street Improvement Manual.

(2) All structures on the lot(s) shall be designed to accommodate the grade of the future street improvements.

(3) A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

b. Other Projects With Reduced Requirements. The types of projects listed in this subsection D2b are exempt from right-of-way dedication requirements and are subject to the street improvement requirements of this subsection:

(1) Types of Projects.

i. Proposed developments that which contain fewer than ten (10) units in SF, LDT and L1 zones, and six (6) residential units in all other zones;

ii. The following uses when they are smaller than seven hundred fifty (750) square feet of gross floor area: fast-food restaurants, major and minor vehicle repair uses, and multipurpose convenience stores;

iii. Nonresidential structures that which have less than four thousand (4,000) square feet of gross floor area and that which do not contain uses listed in subsection D2b(1)ii which are larger than seven hundred fifty (750) square feet;

iv. Structures containing a mix of residential uses and either nonresidential uses or live-work units, if there are fewer than ten (10) units in SF, LDT and L1 zones, or fewer than six (6) residential units in all other zones, and the square footage of nonresidential use is less than specified in subsections D2b(1)ii and D2b(1)iii;

v. Remodeling and use changes within existing structures;

vi. Additions to existing structures that which are exempt from environmental review; and

vii. Expansions of a surface parking area or open storage area of less than twenty (20) percent of parking area or storage area or number of parking spaces.

(2) Paving Requirement. For the types of projects listed in subsection D2b(1), the streets abutting the lot shall have a hardsurfaced roadway at least eighteen (18) feet wide. If there is not an eighteen (18) foot wide hard-surfaced roadway, the roadway shall be paved to a width of at least twenty (20) feet from the lot to the nearest hard-surfaced street meeting this requirement, or one hundred (100) feet, whichever is less. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Street Improvement Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

(3) Other Requirements. The setback, grading and no-protest agreement requirements of subsection D1b shall also be met.

3. Exceptions from Required Street Improvements. The Director may waive or modify the requirements for paving and drainage, dedication, setbacks, grading, no-protest agreements, landscaping and curb and sidewalk installation when it is determined that one (1) or more of the following conditions are met:

a. Location in an environmentally critical area, disruption of existing drainage patterns, or removal of natural features such as significant trees makes widening and/or improving the right-of-way impractical or undesirable.

b. The existence of a bridge, viaduct or structure such as a substantial retaining wall makes widening the right-of-way impractical or undesirable.

c. Widening the right-of-way and/or improving the street would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for green street, boulevards, or other special rights-of-way, or would otherwise conflict with the stated goals of such a plan.

d. Widening and/or improving the right-of-way would eliminate street access to an existing lot.

e. Widening and/or improving the right-of-way would make building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met.

f. One (1) or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right-of-way and the structure(s)' condition and size make future widening of the remainder of the rightof-way unlikely.

g. Widening and/or improving the right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot, for example, due to an inability to meet the required twenty (20) percent maximum driveway slope.

h. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential pedestrian and vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the street is at zoned capacity.

Section 21. Subsection E of Section 23.53.025 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:

23.53.025 Access easement standards

* * *

E. Vehicle Access Easements Serving Nonresidential or Live-Work Uses.

1. For nonresidential or live-work uses providing fewer than (1) ten (10) parking spaces, the easement shall meet the requirements of subsection C.

2. For nonresidential or live-work uses providing ten (10) or more parking spaces, the easement shall meet the requirements of subsection D.

* * *

Section 22. Subsection E of Section 23.53.030 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:

23.53.030 Alley improvement in all zones.

* * *

E. Existing Alleys That Which Meet the Minimum Width. Except as provided in subsection G of this section and except for one (1) and two (2) dwelling unit developments that abut an alley that is not improved but is in common usage, when an existing alley meets the minimum right-of-way width established in subsection D of this section, the following requirements shall be met:

1. When the alley is used for access to parking spaces, open storage, or loading berths on a lot, the following improvements shall be provided:

a. For the following types of projects, the entire width of the portion of the alley abutting the lot, and the portion of the alley between the lot and a connecting street, shall be improved to at least the equivalent of a crushed rock surface, according to the Street Improvement Manual. The applicant may choose the street to which the improvements will be installed. If the alley does not extend from street to street, and the connecting street is an arterial designated on Exhibit 23.53.015 A, either the remainder of the alley shall be improved so that it is passable to a passenger vehicle, or a turnaround shall be provided. The turnaround may be provided by easement.

(1) Residential structures with fewer than ten (10) units;

(2) The following uses when they are smaller than seven hundred fifty (750) square feet of gross floor area: fast-food restaurants, major and minor vehicle repair uses, and multipurpose convenience stores;

(3) Nonresidential structures or structures with one or more livework units thatwhich: (a) have less than four thousand (4,000) square feet of gross floor area; and (b) which do not contain uses listed in subsection E1a(2) which that are larger than seven hundred fifty (750) square feet;

(4) Structures containing a mix of residential and either nonresidential uses or live-work units, if the residential use is less than ten (10) units, and the total square footage of nonresidential uses and live-work units is less than specified in subsections E1a(2) and E1a(3);

(5) Remodeling and use changes within existing structures;

(6) Additions to existing structures that which are exempt from environmental review; and

(7) Expansions of a surface parking area or open storage area of less than twenty (20) percent of parking area or storage area or number of parking spaces.

b. For projects not listed in subsection E1a, the entire width of the portion of the alley abutting the lot, and the portion of the alley between the lot and a connecting street, shall be paved. The applicant may choose the street to which the pavement will be installed. If the alley does not extend from street to street, and the connecting street is an arterial designated on Exhibit 23.53.015 A, either the remainder of the alley shall be improved so that it is passable to a passenger vehicle, or a turnaround shall be provided. The turnaround may be provided by easement.

2. When the alley is not used for access, if the alley is not fully improved, all structures shall be designed to accommodate the grade of the future alley improvements, and a no-protest agreement to future alley improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

* * *

Section 23. Subsection I of Section 23.54.015 of the Seattle Municipal Code, which section was last amended by Ordinance 120953, is amended as follows:

23.54.015 Required Parking.

* * *

I. Bicycle Parking.

1. In L2, L3, L4, MR and HR zones, and the SCM zone, for apartments and terraced housing, spaces for bicycles shall be provided in a safe and convenient location, according to the following chart:

Number of Bicycle Number of Units Spaces Required

5-10 1

11-20 2

More than 20 1 for every 10 units

2. Bicycle parking spaces shall be provided by all institutions in multifamily zones. The number of required bicycle parking spaces shall be five (5) percent of the number of required vehicle spaces. All bicycle spaces should be sheltered from the weather, visible from the institution, and conveniently located.

3. Bicycle parking facilities, either off-street or in the street right-of-way, shall be provided in NC1, NC2, NC3, C1 zones, and the SCM zone for any new use that which requires twenty (20) or more automobile parking spaces according to Chart A. Automobile service stations, and other drive-in businesses except fast-food restaurants, shall be exempted from this requirement. All bicycle parking facilities in the street right-of-way shall conform to Seattle Transportation standards.

a. The number of required bicycle parking spaces shall be ten (10) percent of the number of required off-street auto parking spaces.

b. When any covered automobile parking is provided, all bicycle parking shall be covered.

4. Bicycle parking facilities accessory to nonresidential uses or live-work units shall be located on the lot or within eight hundred (800) feet of the lot. Bicycle parking accessory to residential uses shall be located on-site. Bicycle parking facilities shared by more than one (1) use are encouraged. When located off-street, bicycle and automobile parking areas shall be separated by a barrier or painted lines.

Section 24. Chart A of Section 23.54.015 of the Seattle Municipal Code, which section was last amended by Ordinance 120953, is amended as follows:

* * *

Chart A for Section 23.54.015 PARKING

Use Parking Requirements

Adult care center1 1 space for each 10 adults (clients) or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 adults (clients)

Adult family home 1 space for each dwelling unit

Adult motion picture theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Adult panoram 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Airport, land-based (waiting 1 space for each 100 square feet area)

Airport, water-based (waiting 1 space for each 100 square feet area)

Animal services 1 space for each 350 square feet

Animal husbandry (retail area 1 space for each 350 square feet only)

Aquaculture (retail area only) 1 space for each 350 square feet

Artist's studio/dwelling 1 space for each dwelling unit

Assisted living facility2 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; plus loading berth requirements per Section 23.54.035

Automotive parts or accessory 1 space for each 350 square feet sales

Ball courts 1 space per court

Bed and breakfast 1 space for each dwelling, plus 1 space for each 2 guest rooms or suites

Bowling alley 5 spaces for each lane

Brewpub 1 space for each 200 square feet

Business support services 1 space for each 2,000 square feet

Business incubators 1 space for each 1,000 square feet

Carwash 1 space for each 2,000 square feet

Caretaker's quarters 1 space for each dwelling unit

Cargo terminal 1 space for each 2,000 square feet

Cemetery None

Child care center1,9 1 space for each 10 children or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 children

Colleges1 A number of spaces equal to 15 percent of the maximum number of students present at peak hour; plus 30 percent of the number of employees present at peak hour; plus 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities

Commercial laundries 1 space for each 2,000 square feet

Commercial moorage 1 space for each 140 lineal feet of moorage

Communication utilities 1 space for each 2,000 square feet

Community centers1,2 and 1 space for each 80 square feet of floor community clubs1,2 area of all auditoria and public assembly rooms not containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts

Community centers owned and 1 space for each 555 square feet operated by the Seattle Department of Parks and Recreation (DOPAR)1,2,3

Congregate residences 1 space for each 4 residents

Construction services 1 space for each 2,000 square feet

Custom and craft work 1 space for each 1,000 square feet

Dance halls (dance floor and 1 space for each 100 square feet table area)

Dry storage of boats 1 space for each 2,000 square feet

Family support centers located 1 space for each 100 square feet in community centers owned and operated by the Seattle DOPAR3

Floating homes 1 space for each dwelling unit

Food processing for human 1 space for each 1,000 square feet consumption

Gas station 1 space for each 2,000 square feet

General retail sales and 1 space for each 350 square feet services

Ground-floor businesses in None, maximum of 10 spaces multifamily zones

Heavy commercial services 1 space for each 2,000 square feet

Heliports (waiting area) 1 space for each 100 square feet

High-impact uses 1 space for each 1,500 square feet or as determined by the Director

Horticultural uses (retail 1 space for each 350 square feet area only)

Hospitals1 1 space for each 2 staff doctors; plus 1 additional space for each 5 employees; plus 1 space for each 6 beds

Hotels 1 space for each 4 sleeping rooms or suites

Institute for advanced study1 1 space for each 1,000 square feet of administrative offices and similar spaces; plus 1 space for each 10 fixed seats in all auditoria and public assembly rooms; or 1 space for each 100 square feet of public assembly area not containing fixed seats

Institutes for advanced study 3.5 spaces for each 1,000 square feet of in single-family zones office space; plus (existing) 10 spaces for each 1,000 square feet of additional building footprint to house and support conference center activities; or 37 spaces for each 1,000 square feet of actual conference rooms to be constructed, whichever is greater

Kennel 1 space for each 2,000 square feet

Lecture and meeting hall 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Library10 1 space for each 80 square feet of floor area of all auditoria and public meeting rooms; plus 1 space for each 500 square feet of floor area, excluding auditoria and public meeting rooms

Live-work unit 1 space for each unit; plus the number of spaces required for the nonresidential portion for live-work units greater than 2,500 square feet, based on the most similar nonresidential use

Major durables, sales, 1 space for each 2,000 square feet service, and rental

Manufacturing, general 1 space for each 1,500 square feet

Manufacturing, heavy 1 space for each 1,500 square feet

Manufacturing, light 1 space for each 1,500 square feet

Marine service station 1 space for each 2,000 square feet

Medical services 1 space for each 350 square feet

Miniature golf 1 space for each 2 holes

Mini-warehouse 1 space for each 30 storage units

Mobile home park 1 space for each mobile home

Mortuary services 1 space for each 350 square feet

Motels 1 space for each sleeping room or suite

Motion picture studio 1 space for each 1,500 square feet

Motion picture theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Multifamily uses,4 except as Development sites containing 2-10 otherwise provided below13 dwelling units: 1.1 spaces for each dwelling unit Development sites containing 11-30 dwelling units: 1.15 spaces for each dwelling unit Development sites containing 31-60 dwelling units: spaces for each dwelling unit Development sites containing more than 60 dwelling units: 1.25 spaces for each dwelling unit

In addition, for all multifamily uses 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 use have 3 bedrooms, an additional .25 spaces per bedroom for each unit with 3 bedrooms shall be required; and Any multifamily use that contains a dwelling unit with 4 or more bedrooms shall be required to provide an additional .25 spaces per bedroom for each unit with 4 or more bedrooms5

Multifamily uses containing 1.5 spaces per unit with 2 or more dwelling units with 2 or more bedrooms. The requirement for units with bedrooms, when within the area 3 or more bedrooms contained above shall impacted by the University of also apply. All other requirements for Washington as shown on Map A units with fewer than 2 bedrooms shall following this section, unless be as contained above.5 another provision below allows fewer parking spaces

Multifamily uses, when within 1.5 spaces for each dwelling unit the Alki area as shown on Map B following this section, unless another provision below allows fewer parking spaces

Multifamily uses, for 1 space for each dwelling unit development sites that contain a total of 10 or fewer dwelling units, all in ground-related structures

Multifamily uses, when located 0.33 space for each dwelling unit with 2 in Center City or fewer bedrooms, and 0.5 space for neighborhoods12, for each each dwelling unit with 3 or more dwelling unit rented to and bedrooms occupied by a household with an income at time of its initial occupancy at or below 30 percent of the 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) 14, for the life of the building

Multifamily uses, when located 0.5 space for each dwelling unit with 2 in Center City or fewer bedrooms, and 1 space for each neighborhoods12, for each dwelling unit with 3 or more bedrooms 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 family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses, when located 0.33 space for each dwelling unit with 2 outside of Center City or fewer bedrooms, and 1 space for each neighborhoods12, for each dwelling unit with 3 or more bedrooms 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 family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses, when located 0.75 spaces for each dwelling unit outside of Center City neighborhoods12, for each dwelling unit with 2 or fewer bedrooms rented to and occupied by a household with an income at the time of its initial occupancy of between 30 and 50 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses occupied by 1 space for each 6 dwelling units low-income elderly households

Multifamily uses occupied by 1 space for each 4 dwelling units low-income disabled households

Multifamily uses occupied by 1 space for each 5 dwelling units low-income elderly/low-income disabled households

Multifamily uses, when within 1 space for each dwelling unit the Seattle Cascade Mixed zone or the Pike/Pine Overlay District

Multifamily uses, when within 1 space for each 2 dwelling units the Pike/Pine Overlay District, for each dwelling unit rented to and occupied by a household with an income at time of its initial occupancy at or below 60 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD, at rent not exceeding 30 percent of 60 percent of median family income, adjusted for household size, for the life of the building

Multipurpose convenience store 1 space for each 350 square feet

Museum1 1 space for each 80 square feet of all auditoria and public assembly rooms, not containing fixed seats; or 1 space for every 10 fixed seats for floor area containing fixed seats; plus 1 space for each 250 square feet of other gross floor area open to the public

Nonhousehold sales and 1 space for each 2,000 square feet services, except sales, service and rental of office equipment

Nursing homes6 1 space for each 2 staff doctors; plus 1 additional space for each 3 employees; plus 1 space for each 6 beds

Office, administrative 1 space for each 1,000 square feet

Office, customer service 1 space for each 350 square feet

Outdoor storage 1 space for each 2,000 square feet

Parks None

Participant sports and 1 space for each 350 square feet recreation, indoor or outdoor, unless otherwise specified

Passenger terminals (waiting 1 space for each 100 square feet area)

Performing arts theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Personal transportation 1 space for each 2,000 square feet services

Playgrounds None

Power plants 1 space for each 2,000 square feet

Private club1 1 space for each 80 square feet of floor area of all auditoria and public assembly rooms not containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts

Railroad rights-of-way None

Railroad switchyard with or 1 space for each 2,000 square feet without mechanized hump

Recreational marinas 1 space for each 75 lineal feet of moorage

Recycling center 1 space for each 2,000 square feet

Recycling collection station None

Religious facility1 1 space for each 80 square feet of all auditoria and public assembly rooms

Research and development 1 space for each 1,000 square feet laboratory

Restaurant 1 space for each 200 square feet

Restaurant, fast-food 1 space for each 100 square feet

Sale and rental of large boats 1 space for each 2,000 square feet

Sale and rental of motorized 1 space for each 2,000 square feet vehicles

Sale of boat parts and 1 space for each 350 square feet accessories

Sale of heating fuel 1 space for each 2,000 square feet

Sales, service and rental of 1 space for each 2,000 square feet commercial equipment

Sales, service and rental of 1 space for each 350 square feet office equipment

Salvage yard 1 space for each 2,000 square feet

School, private elementary and 1 space for each 80 square feet of all secondary1,2 auditoria and public assembly rooms, or if no auditorium or assembly room, 1 space for each staff member

School, public elementary and 1 space for each 80 square feet of all secondary 1,2,7 auditoria or public assembly rooms, or 1 space for every 8 fixed seats in auditoria or public assembly rooms, containing fixed seats, for new public schools on a new or existing public school site

Sewage treatment plant 1 space for each 2,000 square feet

Single-family dwelling units 1 space for each dwelling unit

Skating rink (rink area) 1 space for each 100 square feet

Solid waste transfer station 1 space for each 2,000 square feet

Specialty food stores 1 space for each 350 square feet

Spectator sports facility11 1 space for each 10 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Sport range 1 space for each 2 stations

Swimming pool (water area) 1 space for each 150 square feet

Taverns 1 space for each 200 square feet

Transit vehicle base 1 space for each 2,000 square feet

Universities8 A number of spaces equal to 15 percent of the maximum number of students present at peak hour; plus 30 percent of the number of employees present at peak hour; plus 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities

Utility service uses 1 space for each 2,000 square feet

Vehicle and vessel repair 1 space for each 2,000 square feet

Vocational or fine arts school 1 space for each 2 faculty plus full-time employees; plus 1 space for each 5 students (based on the maximum number of students in attendance at any one time)

Warehouse 1 space for each 1,500 square feet

Wholesale showroom 1 space for each 1,500 square feet

Work-release centers 1 space for each 2 full-time staff members; plus 1 space for each 5 residents; plus 1 space for each vehicle operated in connection with the work-release center

1 When permitted in single-family zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122. The Director, in consultation with the Director of the Seattle Department of Transportation, may allow adult care and childcare centers; locating in existing structures to provide loading and unloading spaces on-street when no other alternative exists.

2 Indoor gymnasiums shall not be considered ball courts, nor shall they be considered auditoria or public assembly rooms unless they contain bleachers (fixed seats). If the gymnasium contains bleachers, the parking requirement for the entire gymnasium shall be one (1) parking space for every eight (8) fixed seats. Each twenty (20) inches of width of bleachers shall be counted as one (1) fixed seat for the purposes of determining parking requirements. If the gymnasium does not contain bleachers and is in a school, there is no parking requirement for the gymnasium. If the gymnasium does not contain bleachers and is in a community center, the parking requirement shall be one (1) space for each three hundred fifty (350) square feet. If the gymnasium does not contain bleachers and is in a community center owned and operated by the Department of Parks and Recreation (DOPAR), the parking requirement shall be one (1) space for each five hundred fifty-five (555) square feet.

3 When family support centers are located within community centers owned and operated by DOPAR, the Director may lower the combined parking requirement by up to a maximum of fifteen (15) percent, pursuant to Section 23.54.020 I.

4 Parking spaces required for multifamily uses may be provided as tandem spaces according to subsection B of Section 23.54.020.

5Bedroom-Any habitable room as defined by the Building Code that, in the determination of the Director, is capable of being used as a bedroom.

6When specified in single-family zones, Section 23.44.015, the Director may waive some or all of the parking requirements.

7For public schools, when an auditorium or other place of assembly is demolished and a new one built in its place, parking requirements shall be determined based on the new construction. When an existing public school on an existing public school site is remodeled, additional parking is required if any auditorium or other place of assembly is expanded or additional fixed seats are added. Additional parking is required as shown on Chart A for the increase in floor area or increase in number of seats only. If the parking requirement for the increased area or seating is ten (10) percent or less than that for the existing auditorium or other place of assembly, then no additional parking shall be required.

8 Development standards departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 to reduce the required or permitted number of parking spaces.

9 A child care facility, when co-located with an assisted living facility, may count the passenger load/unload space required for the assisted living facility toward its required passenger load/unload spaces.

10 When a library is permitted in single-family zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when a library is permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122; and when a library is permitted in commercial zones, the Director may modify the parking requirements pursuant to Section 23.44.022 L.

11 Required parking for spectator sports facilities or exhibition halls must be available when the facility or exhibition hall is in use. A facility shall be considered to be "in use" during the period beginning three (3) hours before an event is scheduled to begin and ending one (1) hour after a scheduled event is expected to end. For sports events of variable or uncertain duration, the expected event length shall be the average length of the events of the same type for which the most recent data are available, provided it is within the past five (5) years. During an inaugural season, or for nonrecurring events, the best available good faith estimate of event duration will be used. A facility will not be deemed to be "in use" by virtue of the fact that administrative or maintenance personnel are present. The Director may reduce the required parking for any event when projected attendance for a spectator sports facility is certified to be fifty (50) percent or less of the facility's seating capacity, to an amount not less than that required for the certified projected attendance, at the rate of one (1) space for each ten (10) fixed seats of certified projected attendance. An application for reduction and the certification shall be submitted to the Director at least fifteen (15) days prior to the event. When the event is one of a series of similar events, such certification may be submitted for the entire series fifteen (15) days prior to the first event in the series. If the Director finds that a certification of projected attendance of fifty (50) percent or less of the seating capacity is based on satisfactory evidence such as past attendance at similar events or advance ticket sales, the Director shall, within fifteen (15) days of such submittal, notify the facility operator that a reduced parking requirement has been approved, with any conditions deemed appropriate by the Director to ensure adequacy of parking if expected attendance should change. The parking requirement reduction may be applied for only if the goals of the facility's Transportation Management Plan are otherwise being met. The Director may revoke or modify a parking requirement reduction approval during a series, if projected attendance is exceeded.

12 For purposes of this section, Center City neighborhoods are the following urban villages: Uptown Queen Anne, South Lake Union, Capitol Hill, Pike/Pine, First Hill, and 12th Avenue, as shown in the City of Seattle Comprehensive Plan.

13 These general requirements for multifamily uses are superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement under any provision below. To the extent that more than one of the provisions below applies to a multifamily use, the least of the applicable parking requirements applies. The different parking requirements for certain multifamily uses listed below shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this title.

14 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.

* * *

Section 25. Subsections B, D, F, and J of Section 23.54.030 of the Seattle Municipal Code, which section was last amended by Ordinance 120691, is amended as follows:

23.54.030 Parking space standards.

* * *

B. Parking Space Requirements. The required size of parking spaces shall be determined by whether the parking is for a residential, or nonresidential or live-work use. In structures containing both residential and either nonresidential uses or live-work units, parking that which 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.

b. When more than five (5) parking spaces are provided, a minimum of sixty (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.

2. Nonresidential Uses and Live-Work Units.

a. When ten (10) or fewer parking spaces are provided, a maximum of twenty-five (25) percent of the parking spaces may be striped for small vehicles. A minimum of seventy-five (75) percent of the spaces shall be striped for large vehicles.

b. When between eleven (11) and nineteen (19) parking spaces are provided, a minimum of twenty-five (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) percent of the parking spaces may be striped for small vehicles. A minimum of thirty-five (35) percent of the spaces shall be striped for large vehicles.

c. When twenty (20) or more parking spaces are provided, a minimum of thirty-five (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) percent of the parking spaces may be striped for small vehicles. A minimum of thirty-five (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) 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) inches in height for all parking garages accessory to nonresidential uses and live-work units and for all principal use parking garages which is at least six (6) feet nine (9) inches in height.

* * *

D. Driveways. Driveway requirements for residential, and nonresidential uses and live-work units are described below. When a driveway is used for both residential and either nonresidential or live-work parking, it shall meet the standards for nonresidential uses described in subsection D2.

1. Residential Uses.

a. Driveways shall be at least ten (10) feet wide. Driveways with a turning radius of more than thirty-five (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

(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) feet in length, which serve thirty (30) or fewer parking spaces, shall be a minimum of ten (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) feet in length which serve thirty (30) or fewer parking spaces shall either:

(1) Be a minimum of sixteen (16) feet wide, tapered over a twenty (20) foot distance to a ten (10) foot opening at the property line; or

(2) Provide a passing area at least twenty (20) feet wide and twenty (20) feet long. The passing area shall begin twenty (20) feet from the property line, with an appropriate taper to meet the ten (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) feet.

e. Driveways serving more than thirty (30) parking spaces shall provide a minimum ten (10) foot wide driveway for one (1) way traffic or a minimum twenty (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 and Live-Work Units.

a. Driveway Widths.

(1) The minimum width of driveways for one (1) way traffic shall be twelve (12) feet and the maximum width shall be fifteen (15) feet.

(2) The minimum width of driveways for two (2) way traffic shall be twenty-two (22) feet and the maximum width shall be twenty-five (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.

4. 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) percent, except as provided in this subsection. The maximum twenty (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 Director may permit a driveway slope of more than twenty (20) percent if it is found that:

a. The topography or other special characteristic of the lot makes a twenty (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.

* * *

F. Curbcuts. Curbcut requirements shall be determined by whether the parking served by the curbcut is for residential or nonresidential use, and by the zone in which the use is located. When a curbcut is used for more than one (1) use or for one or more live-work units , the requirements for the use with the largest curbcut requirements shall apply.

1. Residential Uses in Single-family and Multi-family Zones and Single-purpose Residential Uses in All Other Zones.

a. For lots not located on a principal arterial as designated on Exhibit 23.53.015 A, the number of curbcuts permitted shall be according to the following chart:

Street or Easement Number of Frontage of the Lot Curbcuts 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) feet, the pattern established in the chart shall be continued.

b. Curbcuts shall not exceed a maximum width of ten (10) feet except that:

(1) One (1) curbcut greater than ten (10) feet but in no case greater than twenty (20) feet in width may be substituted for each two (2) curbcuts 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) feet in width, the curbcut may be as wide as the required width of the driveway.

c. For lots on principal arterials designated on Exhibit 23.53.015 A, curbcuts of a maximum width of twenty-three (23) feet shall be permitted according to the following chart.

Street Frontage Number of of the Lot Curbcuts 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) feet, the pattern established in the chart shall be continued.

d. There shall be at least thirty (30) feet between any two (2) curbcuts located on a lot.

e. A curbcut 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 shall be considered one (1) in determining the maximum number of permitted curbcuts.

2. Nonresidential Uses in Single-family and Multifamily Zones, and All Uses, Except Single-purpose Residential Uses, in All Other Zones Except Industrial Zones.

a. Number of Curbcuts.

(1) In RC, NC1, NC2 and NC3 zones and within Major Institution Overlay Districts, the number of two-way curbcuts permitted shall be according to the following chart:

Street Frontage Number of Curbcuts of the Lot 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) feet the pattern established in the chart shall be continued. The Director may allow two (2) one-way curbcuts to be substituted for one (1) two-way curbcut, after determining that there would not be a significant conflict with pedestrian traffic.

(2) In C1 and C2 zones and the SCM zone, the Director shall review and make a recommendation on the number and location of curbcuts.

(3) In downtown zones, a maximum of two (2) curbcuts for one (1) way traffic at least forty (40) feet apart, or one (1) curbcut for two (2) way traffic, shall be permitted on each street front where access is permitted by Section 23.49.018. No curbcut shall be located within forty (40) feet of an intersection. These standards may be modified by the Director on lots with steep slopes or other special conditions, the minimum necessary to provide vehicular and pedestrian safety and facilitate a smooth flow of traffic.

(4) For public schools, the minimum number of curbcuts determined necessary by the Director shall be permitted.

b. Curbcut Widths.

(1) For one (1) way traffic, the minimum width of curbcuts shall be twelve (12) feet, and the maximum width shall be fifteen (15) feet.

(2) For two (2) way traffic, the minimum width of curbcuts shall be twenty-two (22) feet, and the maximum width shall be twenty-five (25) feet, except that the maximum width may be increased to thirty (30) feet when truck and auto access are combined.

(3) For public schools, the maximum width of curbcuts shall be twenty-five (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 curbcut of up to thirty (30) feet in width, if it is found that a wider curbcut is necessary for safe access:

i. The abutting street has a single lane on the side that which abuts the lot; or

ii. The curb lane abutting the lot is less than eleven (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) vehicles; or

iv. Off-street loading space is required according to subsection H 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) inches high.

3. All Uses in Industrial Zones.

a. Number and Location of Curbcuts. The number and location of curbcuts shall be determined by the Director.

b. Curbcut Width. Curbcut width in Industrial zones shall be provided as follows:

(1) When the curbcut provides access to a parking area or structure it shall be a minimum of fifteen (15) feet wide and a maximum of thirty (30) feet wide.

(2) When the curbcut provides access to a loading berth, the maximum width of thirty (30) feet set in subsection F3b(1) may be increased to fifty (50) feet.

(3) Within the minimum and maximum widths established by this subsection, the Director shall determine the size of the curbcuts.

4. Curbcuts for Access Easements.

a. When a lot is crossed by an access easement serving other lots, the curbcut serving the easement may be as wide as the easement roadway.

b. The curbcut serving an access easement shall not be counted against the number or amount of curbcut permitted to a lot if the lot is not itself served by the easement.

5. Curbcut Flare. A flare with a maximum width of two and one-half (2-1/2) feet shall be permitted on either side of curbcuts in any zone.

6. Replacement of Unused Curbcuts. When a curbcut is no longer needed to provide access to a lot, the curb and any planting strip shall be replaced.

* * *

J. The Director may reduce any required dimension for nonresidential uses and live-work units up to three (3) percent to allow more efficient use of a surface parking area or parking garage, except for the dimensions of parking spaces and aisles for small vehicles.

Section 26. Subsection D of Section 23.55.028 of the Seattle Municipal Code, which section was last amended by Ordinance 120388, is amended as follows:

23.55.028 Signs in NC1 and NC2 zones.

* * *

D. On-premises Signs.

1. The following signs shall be permitted in addition to the signs permitted by subsections D2, D3 and D4:

a. Electric, externally illuminated or nonilluminated signs bearing the name of the occupant of a dwelling unit, not exceeding sixty-four (64) square inches in area;

b. Memorial signs or tablets, and the names of buildings and dates of building erection when cut into a masonry surface or constructed of bronze or other noncombustible materials;

c. Signs for public facilities indicating danger and/or providing service or safety information;

d. Properly displayed national, state and institutional flags;

e. One (1) under-marquee sign which does not exceed ten (10) square feet in area;

f. One (1) electric, externally illuminated or nonilluminated sign bearing the name of a home occupation, not exceeding sixty-four (64) square inches in area.

2. Number and Type of Permitted Signs for Business Establishments.

a. Each business establishment may have one (1) ground, roof, projecting or combination sign (Type A sign) for each three hundred (300) lineal feet, or portion thereof, of frontage on public rightsof-way, except alleys.

b. In addition to the signs permitted by subsection D2a, each business establishment may have one (1) wall, awning, canopy, marquee, or under-marquee sign (Type B sign) for each thirty (30) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

c. In addition to the signs permitted by subsections D2a and D2b, each multiple business center and drive-in business may have one (1) pole sign for each three hundred (300) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys. Such pole signs may be for a drive-in business or for an individual business establishment located in a multiple business center, or may identify a multiple business center.

d. Individual businesses which are not drive-in businesses and which are not located in a multiple business center may have one (1) pole sign in lieu of another Type A sign permitted by Section D2a for each three hundred (300) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

3. Maximum Area of Signs for Nonresidential Uses and Live-work Units. The maximum area of all signs for each business establishment permitted in subsection d2 shall be one hundred eightyfive (185) square feet, and the maximum area of any one (1) Type A sign shall be seventy-two (72) square feet, provided that the maximum area of pole signs for gas stations which identify the price of motor fuel being offered by numerals of equal size shall be ninety-six (96) square feet.

4. Identification Signs for Multifamily Structures.

a. One (1) identification sign bearing the name of a multifamily structure shall be permitted on each street or alley frontage of a residential use in addition to the signs permitted by subsection D1.

b. Identification signs may be wall, ground, awning, canopy, marquee, under-marquee, or projecting signs.

c. For structures of twenty-four (24) units or less, the maximum area of each sign face shall be twenty-four (24) square feet. One (1) square foot of sign area shall be permitted for each additional unit over twenty-four (24), to a maximum of fifty (50) square feet per sign face.

5. Sign Height.

a. The maximum height for any portion of a pole, projecting or combination sign shall be twenty-five (25) feet.

b. The maximum height for any portion of a wall or under-marquee sign shall be twenty (20) feet or the height of the cornice of the structure to which the sign is attached, whichever is greater.

c. Marquee signs may not exceed a height of thirty (30) inches above the top of the marquee, and total vertical dimension shall not exceed five (5) feet.

d. No portion of a roof sign shall exceed a height of twenty-five (25) feet above grade.

* * *

Section 27. Section 23.71.038 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:

23.71.038 Standards for mixed use development in commercial zones within the Northgate Overlay District.

Residential and nonresidential uses or live-work units in a mixed use development in a commercial zone shall meet the requirements of Section 23.47.008 to qualify as a mixed use development. The minimum standards of Section 23.47.008 may vary on sites subject to the requirements for General Development Plans as provided in Section 23.71.026.

Section 28. Subsections A and 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.

A. Height Exception for Mixed Use Structures.

1. In zones with a sixty-five (65) foot height limit, the Director may permit the height of the structure to exceed the height limit of the zone by up to four (4) feet, only if the residential use and either the nonresidential uses or the livework units are located in the same structure and subject to the following:

a. The nonresidential use or live-work unit at street level requires a ceiling height that exceeds the minimum required ceiling height of thirteen (13) feet floor to ceiling to support business operations; and

b. The additional height will not permit an additional story to be built beyond what could be built under a sixty-five (65) foot height limit if a ceiling height of more than thirteen (13) feet floor to ceiling is not needed to support street level commercial uses.

* * *

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.

2. Location of Parking. Parking for residential shall be provided on the same lot as the principal use. Parking for nonresidential uses and live-work units may be located on the lot or built into or under the structure or within eight hundred (800) feet of the lot on which the use is located. When 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, Parking covenants, shall apply.

Section 29. The definition of "business establishment" in Section 23.84.004 of the Seattle Municipal Code, which section was last amended by Ordinance 120117, is amended as follows:

23.84.004 "B."

* * *

"Business establishment" means an economic or institutional unit organized for the purposes of conducting business and/or providing a service. In order to be considered a separate business establishment, a business shall be physically separated from other businesses. Businesses that which share common facilities, such as reception areas, checkout stands, and similar features (except shared building lobbies and bathrooms) shall be considered one (1) business establishment, except when they are located in a business incubator. A business establishment may be located in more than one (1) structure provided that the uses in the structures are functionally related. The structures may be located on a single lot or on adjacent lots. A business establishment may be a commercial, manufacturing, institutional, or any other type of nonresidential use or live-work unit.

* * *

Section 30. A new definition in Section 23.84.024 of the Seattle Municipal Code, which section was last amended by Ordinance 120611, is amended as follows:

23.84.024 "L."

* * *

"Live-work unit" means a structure or portion of a structure: (1) that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household; (2) where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and (3) where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.

* * *

Section 31. Subsection F of Section 23.90.006 of the Seattle Municipal Code, which section was last amended by Ordinance 118472, is amended as follows:

23.90.006 Investigation and notice of violation.

* * *

F. The Director may mail, or cause to be delivered to all residential, and/or nonresidential, and/or livework rental units in the structure or post at a conspicuous place on the property, a notice that which informs each recipient or resident about the notice of violation, Stop Work Order or Emergency Order and the applicable requirements and procedures.

* * *

Section 32. Subsection B of Section 25.06.110 of the Seattle Municipal Code, which section was last amended by Ordinance 118396, is amended as follows:

25.06.110 Standards involving base flood elevations.

* * *

B. Nonresidential and Live-work Unit Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure (including a structure with one or more live-work units) shall either have the lowest floor, including basement, elevated to two feet (2') or more above the level of the base flood elevation, or as otherwise approved by the Director of the Department of Construction and Land Use in consultation with the Director of Seattle Public Utilities; or, together with attendant utility and sanitary facilities, shall:

1. Be floodproofed so that below two feet (2') above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

3. Be certified by a registered professional civil engineer that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided as set forth in subsection C of Section 25.06.070.

Nonresidential structures or structures with one or more live-work units that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection A2 above. Applicants floodproofing nonresidential buildings or buildings with one or more live-work units shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building floodproofed to one foot (1') above the base flood level will be rated as at the base flood level).

* * *

Section 33. Subsection B of Section 25.06.130 of the Seattle Municipal Code, which section was last amended by Ordinance 114395, is amended as follows:

25.06.130 Standards for shallow flooding areas.

* * *

B. New construction and substantial improvements of nonresidential structures or structures with one or more live-work units within AO zones shall either (1) have the lowest floor (including basement) elevated above the highest adjacent grade of the building site one foot (1') or more above the depth number specified on the FIRM, or if not depth number is specified, at least two feet (2'); or (2) together with attendant utility and sanitary facilities, be completely floodproofed so that any space below the level specified in subsection (1) above is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If floodproofing is used, compliance with these standards must be certified by a registered

professional engineer or architect.

* * *

Section 34. 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 35. 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 _________, 2003, and signed by me in open session in authentication of its passage this _____ day of __________, 2003.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2003.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2003.

____________________________________

City Clerk

(Seal)

Mark Troxel/MT

LW-Ord20021118.doc

November 18, 2002

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