1. Public right-of-way; and

2. Private roads in separate tracts; and

3. Submerged lands (lands waterward of the ordinary high water mark).

1. If the topography of a lot is such that the front building line is eight feet or more above the street grade, and there is no reasonable way to construct a driveway up to the dwelling level, a garage/carport may be built into the bank and set at least five feet back from the front property line, except as set forth in subsection B.4 below.

2. If the topography of a lot is such that there is no reasonable way to construct a driveway with a slope less than 15 percent to the dwelling level, a garage/carport may be built in the front yard setback, LUC 20.20.010, subject to approval by the Director of the Development Services Department. The garage/carport must be set at least five feet back from the front lot line, and may not exceed 15 feet above street level measured to the peak of a pitched roof or nine feet above street level measured to the top of a flat roof. The garage/carport and its vehicular access must be located and oriented to minimize disturbance of the slope.

3. A garage/carport must comply with the street intersection sight obstruction requirements of BCC 14.60.240.

4. Notwithstanding any other provision of this subsection B to the contrary, a garage/carport may not be located within a critical area or critical area buffer unless allowed under Part 20.25H LUC.

1. Any portion of a minor building element which equals or exceeds 30 inches above finished grade at its location may intrude into a required setback a distance no greater than 20 percent of the minimum dimension of that setback, or at least 18 inches, whichever is greater.

2. Any portion of a minor building element which is less than 30 inches above finished grade at its location may extend to any lot line.

3. Except for eaves, the combined length of all minor building elements which equal or exceed 30 inches above finished grade on any building facade shall not exceed 25 percent of the length of that facade.

4. Minor building elements may not be used to extend the enclosed building floor area into the required setback, except chimneys and bay windows protruding no more than 18 inches into the setback may extend to the finished grade at their location.

5. A minor building element may extend into a critical area structure setback required by LUC 20.25H.035 only if it is above the ground level and if vegetation will be maintained in a healthy condition. Solar access to vegetation must be maintained at least 50 percent of daylight hours during the normal growing season.

Note: Heat pumps are not minor building elements. Retaining walls and rockeries 30 inches or greater in height are not minor building elements.

1. Limitations. This subsection cannot be used to develop any building (including an underground building) which intrudes into critical areas, critical area buffers, or critical area structure setbacks required by Part 20.25H LUC.

2. Subject to the limitations contained in this subsection E, underground buildings may intrude in the required setback.

3. Subject to the limitations contained in this subsection E, buildings constructed partially below grade and not higher than 30 inches above existing or finished grade, whichever is lower, may intrude into required setbacks subject to the following conditions:

1. For lots created through subdivision, a plat approved by the City of Bellevue or King County separately describing the lot in question; or

2. For lots created through short subdivision, a short plat approved by the City of Bellevue or King County separately describing the lot in question; or

3. A deed, contract of sale, mortgage, property tax segregation, plat, recorded survey or Building Permit separately describing the lot in question if the instrument was:

1. There are no restrictions on development imposed by prior permits or land use approvals; and

2. The lot satisfies either subsection A.2.a or A.2.b of this section:

1. Major Transit Stop. For the purposes of this section, major transit stop is as defined in RCW 36.70A.696.

1. Up to two accessory dwelling units are permitted on each lot located in a land use district that allows a single-family dwelling to be located on that lot; provided, that all applicable requirements of this section are met.

2. Until the use and occupancy of an accessory dwelling unit is allowed under BCC 23.05.140, the accessory dwelling unit must be a subordinate use to a primary structure located on the same lot. Once the use and occupancy of an accessory dwelling unit are allowed under BCC 23.05.140, then the accessory dwelling unit shall become a permitted use.

3. The floor area of an accessory dwelling unit shall be limited to a maximum of 1,200 square feet. For attached accessory dwelling units this floor area does not count towards the maximum allowable square footage for single-family and middle housing projects as regulated by LUC 20.20.390, except that:

4. Accessory dwelling units may be converted from existing structures, including but not limited to detached garages, regardless of whether the existing structure itself currently meets applicable setback and lot coverage dimensional requirements so long as the existing structure was otherwise a permitted use when constructed. An accessory dwelling unit resulting from such a conversion shall not constitute a nonconforming structure, and the site shall not constitute a nonconforming site, solely due to the existing structure’s noncompliance with applicable setback and lot coverage dimensional requirements.

5. In addition to any off-street parking spaces required for the primary structure, off-street parking shall be provided for accessory dwelling units as follows:

6. A site may not contain both an accessory dwelling unit and a business subject to the regulations in Part 20.30N LUC for a Home Occupation Permit.

7. If a unit lot was created through a unit lot subdivision approved under Chapter 20.45A LUC or a unit lot short subdivision approved under Chapter 20.45B LUC and the unit lot was developed in accordance with such approval, then no new accessory dwelling unit is permitted to be developed on that unit lot.

1. Attached accessory dwelling units must be located within, or be attached to, the primary structure.

2. Attached accessory dwelling units shall be subject to the same height and setback requirements as the primary structure.

1. Detached accessory dwelling units shall be limited to 24 feet in height, or 28 feet in height when proposed as an addition over an existing accessory structure, as measured to the highest point of the structure.

2. Detached accessory dwelling units shall be subject to the same dimensional requirements as middle housing projects per LUC 20.20.538, except that:

1. Detached accessory structures shall be included in the calculation of lot coverage necessary to comply with the Maximum Lot Coverage by Structures requirements contained in LUC 20.20.010. In addition, detached accessory structures are limited to a maximum lot coverage of 10 percent except as otherwise provided in subsection E.2 of this section.

2. Detached accessory structures are required to comply with the front and side setbacks required for the primary structure and are required to maintain a five-foot setback from the rear lot line except as otherwise provided in subsection E.3 of this section.

Note: The International Residential Code as adopted and amended by the City of Bellevue contains additional fire protection requirements that are applicable to some structures constructed within a side or rear yard setback.

1. Height Limit. The 15-foot maximum height limit applicable to detached accessory structures can be increased to the maximum building height allowed in the underlying residential district provided a written mutual agreement of all abutting property owners is recorded with the King County Division of Records and Elections and filed with the City Clerk. The 15-foot height limit applicable to detached accessory structures located within required setback areas shall not be exceeded.

2. Lot Coverage. The 10 percent maximum lot coverage applicable to detached accessory structures located on lots less than 20,000 square feet can be exceeded provided a written mutual agreement of all abutting property owners is recorded with the King County Division of Records and Elections and filed with the City Clerk. However, the requirements for maximum lot coverage by structures contained in LUC 20.20.010 shall not be exceeded.

3. Setback Requirements. Detached accessory structures may be built to the side or rear lot line subject to the following limitations.

1. That portion of a lot used for another adult entertainment use;

2. A lot owned or leased, or that portion of a lot leased (excluding common areas), for a residence, public or private school (preschool – twelfth grade), religious facility, public park, child care service, child day care center, public library, or community youth center; or

3. A Residential Land Use District. (Ord. 6851, 6-24-25, § 13; Ord. 5189, 12-6-99, § 1; Ord. 4536, 5-24-93, § 1; Ord. 3884, 2-16-88, § 2)

1. The purpose of this section is to promote the development of affordable dwelling units by establishing requirements, incentives, and fees for new development.

2. The Director shall adopt by rule affordable housing standards to govern the construction, repair, modification, and operation of affordable dwelling units created by operation of this title. Such standards shall be consistent with the requirements of this title. When adopting affordable housing standards, the Director shall consider each of the following:

3. The following affordable housing standards shall apply to any affordable dwelling unit created by operation of this title. In the event of a conflict between a standard listed below and a standard included elsewhere in this title, the standard included elsewhere shall control.

4. Legal Agreement. Whenever an affordable dwelling unit is created by operation of this title then, prior to issuance of a building permit for the development, the City and the owner of the site shall enter into an agreement, in a form approved by the Director. Once fully executed, the agreement shall be recorded, with the King County Recorder’s Office, on the title of the real property on which the development is located.

5. Annual Adjustments for Inflation. The Director is both authorized and directed to annually increase or decrease the fees listed below by an adjustment necessary to reflect the then-current published annual change in the Seattle Consumer Price Index for Wage Earners and Clerical Workers:

1. Density Bonus. The following residential development, including both new development and rehabilitation projects, shall be eligible to receive a density bonus and other modifications as provided in this section:

2. Affordable Housing Suffix Rezone. The following ownerships and locations of property shall be eligible to be rezoned under Part 20.30A LUC, adding an affordable housing suffix for development of affordable housing consisting of attached or detached multifamily dwellings and other modifications as provided in this section:

1. Mixed-income multifamily development, as described in subsection D.1.a of this section, may exempt 1 bonus market rate dwelling unit for each equivalent-sized dwelling unit of affordable housing provided, up to 15 percent above the maximum density allowed in the underlying land use district.

2. Middle housing development, as described in subsection D.1.b of this section, may develop up to six dwelling units where the applicant proposing the middle housing development complies with at least one of the following options:

3. Affordable housing development as provided in subsection D.1.c of this section may receive a bonus of 50 percent above the maximum density allowed in the underlying land use district.

1. Mixed-Income Multifamily Development, as described in subsection D.1.a of this section, may replace the applicable dimensional requirements in LUC Chart 20.20.010 for the LDR-2, LDR-3, MDR-1, and MDR-2 land use districts with those in Chart 20.20.128.F.1. All other applicable dimensional requirements in LUC Chart 20.20.010 but not included in Chart 20.20.128.F.1 shall continue to apply, including applicable footnotes.

2. Affordable housing development described in subsection D.1.c of this section may replace the applicable dimensional requirements in LUC Chart 20.20.010 with those in Chart 20.20.128.F.2. Applicable dimensional requirements in LUC Chart 20.20.010 but not included in Chart 20.20.128.F.2 shall continue to apply, including applicable footnotes.

1. Parking Requirements. The percent of compact parking stalls may be increased up to 75 percent of the total required parking. Tandem parking stalls are permitted to the extent feasible to satisfy required parking ratios.

2. Building Height. Except in the Shoreline Overlay District, the maximum building height in the LDR-2, LDR-3, MDR-1, and MDR-2 Land Use Districts and for properties with an AH suffix may be increased by up to 12 feet for those portions of the building(s) at least 20 feet from any property line.

3. Open Space. The open and recreation space requirement within a residential planned unit development may be reduced to 35 percent of gross land area. All other requirements of LUC 20.30D.160 shall continue to apply.

1. Purpose. The purpose of the affordable housing suffix is to allow the development of affordable housing consisting of attached or detached multifamily dwellings subject to the requirements of this subsection.

2. Applicability.

3. Rezone Criteria. Owners of property meeting all eligibility criteria of subsection D.2 of this section may apply for a rezone, under Part 20.30A LUC, to append an affordable housing suffix to the property’s existing Land Use District.

4. Development With Suffix.

1. Applicability. This subsection shall apply to the construction of new multifamily, mixed-use, or nonresidential structures when the multifamily or mixed-use structure contains 10 or more dwelling units or when the nonresidential structure includes more than 4,000 square feet of gross floor area. This subsection shall not apply to building additions that increase the gross floor area by less than 50 percent.

2. Performance Option – Residential. An applicant complying with this subsection I through the performance option in relation to proposed multifamily or mixed-use development shall provide affordable dwelling units in an amount indicated below:

3. Performance Option – Nonresidential. An applicant complying with this subsection I through the performance option in relation to proposed nonresidential development shall provide affordable dwelling units in an amount indicated below:

4. Payment Option. An applicant complying with this subsection I through the payment option shall provide a cash payment to the City in lieu of on-site performance as follows:

5. Land Transfer Option. As an alternative to complying with the requirements of this subsection I through a performance option outlined in subsection I.2 or I.3 of this section, the in-lieu fee option outlined in or subsection I.4 of this section, or a combination of a performance option and the payment option as outlined in subsection I.6 of this section, the City may, but is not required to, accept legal title to real property from an applicant for purposes relating to the construction, operation, maintenance, or acquisition of affordable dwelling units. A proposed transfer of real property under this subsection shall be reviewed using the following procedure:

6. Compliance Through a Combination of Performance and Payment Options. An applicant proposing multifamily, mixed-use, or nonresidential development, either fully or partially located within a Mixed-Use Land Use District that is subject to the requirements of this subsection I, may achieve compliance through a combination of one or more of the following: a performance option under subsection I.2 or I.3 of this section, as applicable to the development, and the payment option under subsection I.4 of this section.

7. Off-Site Performance. To satisfy the requirements of subsection I.2 or I.3 of this section, affordable dwelling units located off site must be located both within the City limits and within one of the following tiers of locations. Any affordable dwelling unit must also meet all requirements applicable to that location tier.

8. Modification of Amount of Payment or Performance. Pursuant to LUC 20.20.542, the Director may modify the amount of payment required under subsection I.4 of this section or the amount of performance required under either subsection I.2 or I.3 of this section.

9. Refer to LUC 20.25R.050 for FAR exemptions and incentives applicable to affordable housing in Mixed-Use Land Use Districts.

10. If the applicant elects to comply with this section through a performance option, or a combination of the payment option and a performance option, then, prior to the issuance of any permit(s), the Director shall review, and must approve, the proposed affordable dwelling units. The Director may approve the proposed affordable dwelling units only if they are consistent with the affordable housing standards listed in subsection A.3 of this section and with affordable housing standards adopted by rule in accordance with subsection A.2 of this section.

11. If the applicant elects to comply with this section through the payment option, or a combination of the payment option and a performance option, then the Director is authorized to accept such payment from the applicant. Funds shall be deposited into a special account and may be used by the City for the purposes authorized by RCW 36.70A.540. (Ord. 6851, 6-24-25, § 14; Ord. 6846, 6-17-25, § 8; Ord. 6743, 6-26-23, §§ 5 – 12; Ord. 6626, 12-6-21, § 6)

1. Facilities for the boarding of animals may occupy no more than 25 percent of the gross floor area of the pet day care center.

2. Applicants shall submit at the time of permit application written operating procedures, such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). Such procedures, which are to be followed for the life of the business, shall address the identification and correction of animal behavior that impacts surrounding uses, including excessive barking.

1. A veterinary clinic designed for the treatment and care of pet animals shall be operated by a registered veterinarian.

2. Animals shall be confined within the exterior walls of the building at all times.

3. Pet day care services may be allowed as a subordinate use subject to the provisions of subsection D of this section and LUC 20.20.840. All pet day care services shall be isolated by soundproofing from all adjacent property and uses.

4. Walls of interior-court animal runs shall be a minimum of eight feet high. Interior-court animal runs shall be roofed and if there are open air spaces between the top of the wall and the roof, they shall be enclosed with wire mesh.

5. All rooms housing animals shall have ample natural or mechanical ventilation.

6. There shall be no cremation or other disposal of dead animals on the premises. (Ord. 6197, 11-17-14, § 9; Ord. 5876, 5-18-09, § 9; Ord. 5480, 10-20-03, § 6; Ord. 5089, 8-3-98, § 10; Ord. 4654, 6-6-94, § 25; Ord. 3413, 9-24-84, § 1)

1. For transient lodging, a maximum of two rooms may be rented to a maximum of two adults per room and any number of accompanying minor children, provided there is compliance with health and building code requirements.

2. For non-transient lodging, a maximum of two rooms may be rented.

1. General. The requirements of subsection D of this section apply to each child day care center unless located in a private residence or a community facility. For the requirements for a child care service use in a residence or community facility, see subsections C and E of this section, respectively.

2. Review or Registration Required.

3. Use Requirements. The following requirements apply to each child day care center.

4. Conditions.

1. General. The requirements of this subsection apply to each child day care center use located in a community facility.

2. Review or Registration Required. Each operator of a child day care center housed in a community facility must register with the Bellevue Development Services Department by filing a signed Child Care Registration Form as provided by the Department prior to initiation of the use. The operator must certify compliance with all applicable use requirements and conditions of this subsection as listed on the Registration form.

3. Use Requirements. The following requirements apply to each child day care center use located in a community facility:

4. Conditions.

1. Purpose. The purpose of this section is to regulate telecommunications, broadcast, relay, and other similar facilities in a manner that protects the aesthetic character of Bellevue’s neighborhoods, promotes reliable and equitable access to various channels of communication, and is adaptable to changes in technology and applicable state and federal law.

2. Applicability. The provisions of this section apply to: (a) all facilities on public or private land that transmit wireless signals for telecommunications, radio or television broadcast, or other similar services; and any equipment associated with these facilities; and (b) any application for a WCF in the public right-of-way that is not subject to BCC Title 6. For purposes of this section, publicly owned land and right-of-way shall refer to any government-owned or leased land regardless of the entity with ownership, lease, or jurisdiction. City-owned land and right-of-way shall refer only to the land under City of Bellevue ownership, lease, or jurisdiction.

1. A Temporary Use Permit, as described in Chapter 20.30M LUC, shall be required for temporary WCFs.

2. Temporary WCFs may only be permitted for the following purposes:

1. General. All WCFs except EFRs shall comply with the following requirements:

2. Non-EFR Collocated WCFs shall meet the following requirements in addition to those under subsection E.1 of this section.

3. WCFs attached to towers shall meet the following requirements in addition to those under subsection E.1 of this section.

4. The Director may grant waivers to the requirements of this subsection E pursuant to subsection H of this section.

1. If a WCF proposed for removal is the only remaining WCF attached to a tower, and no permit applications have been submitted for a new WCF on the tower, the tower shall be demolished.

2. Removal Upon Undergrounding. A WCF must be removed if collocated on a utility support structure that is removed due to undergrounding of the supported utility equipment.

1. Height Limits.

2. Ground Screening and Fencing Requirements.

3. Setback Requirements. Any structure, facility or fence associated with a communication, broadcast or relay tower with freestanding support structure must conform to the setback requirement for structures in the land use district in which the structure, facility or fence is located, except that the minimum side setback for any structure, facility or fence in a Residential Land Use District is 20 feet.

4. Amateur Radio Antennas (including HAM and short wave). The foregoing requirements of this subsection G relating to screening, placement, or height limitations shall not apply to any Amateur Radio Antennas in compliance with 47 CFR 97 or any successor provision.

5. OTARDs. The foregoing requirements of this subsection G do not apply to OTARDs qualifying under 47 CFR 1.4000 or any successor provision.

1. The Director of the Development Services Department may grant waivers of the design and location standards for WCFs subject to this section, if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would:

2. If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation.

3. Any applicant seeking a waiver or exception from any of the design and location standards in subsections E through G of this section shall be required to submit an Administrative Conditional Use Permit as described in Part 20.30E LUC and shall, at the time of submission of its application, provide a detailed description, explanation and documentation supporting its request for a waiver or exception meeting the requirements outlined in this subsection H.

4. In addition to the findings outlined in subsection H.2 of this section, the Director of the Development Services Department may grant a waiver of the minimum separation requirement in subsection E.3 of this section, if it is determined that the applicant has also established that no other location is suitable for siting the WCF within the identified 520-foot radius; or

5. For all other Communication, Broadcast, and Relay Facilities excluding WCFs, the Director of the Development Services Department may grant a waiver of the height limit if it is determined that the applicant has established that:

1. The commuter parking facility is proposed as part of a transportation program.

2. The number of parking spaces proposed for the commuter parking facility is in excess of the actual parking demand for the primary use during overlapping hours of operation.

3. The subject property abuts and gains access from a major, secondary or collector arterial as defined by the Transportation Department.

4. Signage proposed in conjunction with the commuter parking facility is adequate to identify the facility and in keeping with the general character of the immediate vicinity.

5. The location of the commuter parking facility on the subject property will have no significant adverse impact on uses in the immediate vicinity.

1. The size of a dwelling unit of cottage housing shall be no greater than 1,500 square feet of total floor area; however:

2. The density of cottage housing development on a lot is controlled by maximum floor area ratio by lot size and not by dwelling units per lot or dwelling units per acre. Therefore, there is no limit on the maximum dwelling units per lot, or dwelling units per acre, for cottage housing development. Cottage housing development is subject to the otherwise applicable development regulations contained in this section and in LUC 20.20.538 and the maximum floor area ratio for single-family and middle housing set forth in LUC 20.20.390.

1. Total Open Space. Total open space includes all of the open space provided on-site for a cottage housing development subject to the following requirements:

2. Common Open Space. Common open space shall be included in the calculation of the total open space. Common open space shall be provided subject to the following requirements and is intended for common use by the residents of a cottage housing development:

3. Private Open Space. Any designated private open space areas shall have a minimum dimension of five feet on any side.

4. The minimum required distance between cottages shall be the minimum required by applicable building and fire codes.

5. On-site required parking shall be consolidated to the maximum extent feasible. (Ord. 6851, 6-24-25, § 18)

1. Courtyard housing developments shall be subject to both the requirements of this subsection and LUC 20.20.538.

2. Courtyard housing shall consist of attached dwelling units arranged in an L- or U-shaped configuration.

1. Courtyard housing shall include a central courtyard area providing primary or secondary access to all units.

2. The central courtyard shall have a minimum dimension of 20 feet in any direction.

3. The central courtyard shall be developed consistent with LUC 20.20.520, including a mix of landscaping, pedestrian paths, and other amenities. Impervious surfaces shall be limited to 75 percent of the total open space.

4. On-site required parking shall be consolidated to the maximum extent feasible. (Ord. 6851, 6-24-25, § 19)

1. Conditional Use Permit. In addition to the requirements set forth in Part 20.30B LUC the applicant shall:

2. Administrative Conditional Use. In addition to the requirements set forth in Part 20.30E LUC the applicant shall comply with all decision criteria and design standards set forth in this section, provided the applicant is not required to complete the alternative siting analysis set forth in subsection D of this section.

1. Alternative Sites Analyzed. Prior to submittal of the application for Conditional Use Permit required pursuant to subsection C of this section, the applicant shall identify not less than three alternative site options to meet the system needs for the proposed new or expanding electrical utility facility. At least one of the alternative sites identified by the applicant shall be located in the land use district to be primarily served by the proposed electrical utility facility.

2. Content of Alternative Siting Analysis. Upon submittal of the Conditional Use Permit application required pursuant to subsection C of this section, the applicant shall submit results of the siting analysis which:

3. Technology Considered for the Preferred Site Alternative. Upon submittal of the Conditional Use Permit application required pursuant to subsection C of this section, the applicant shall:

4. Community Outreach Conducted. Upon submittal of the Conditional Use Permit application required pursuant to subsection C of this section, the applicant shall provide a description of all methods of community outreach or involvement conducted by the applicant prior to selecting a preferred site for the proposed electrical utility facility.

1. The proposal is consistent with Puget Sound Energy’s System Plan;