Principal uses not listed in the respective zones of Subtitle III, Division 2 of SMC Title 23, Land Use Code shall be prohibited in those zones. If a use is not listed, the Director may determine that a proposed use is substantially similar to other uses permitted or prohibited in the respective zones, therefore, and should also be permitted or prohibited.

(Ord. 118794 § 15, 1997: Ord. 113978 § 1, 1988: Ord. 110669 § 9, 1982: Ord. 110381 § 1(part), 1982.)

A.

Any accessory use not permitted by Title 23, either expressly or by the Director, shall be prohibited. The Director shall determine whether any accessory use on the lot is incidental to the principal use on the same lot, and shall also determine whether uses not listed as accessory uses are customarily incidental to a principal use.

Unless Title 23 expressly permits an accessory use as a principal use, a use permitted only as an accessory use shall not be permitted as a principal use.

B.

The general development standards for each zone shall apply to accessory uses unless the general standards are specifically modified.

(Ord. 117570 § 12, 1995: Ord. 117263, § 3, 1994; Ord. 113978 § 2, 1988: Ord. 110669 § 10, 1982: Ord. 110381 § 1(part), 1982.)

A.

Attached and detached accessory dwelling units are permitted in all zones where single-family dwelling units are permitted. In the Shoreline District, accessory dwelling units shall comply with Chapter 23.60A.

B.

A maximum of two accessory dwelling units may be located on the same lot as a principal dwelling unit. Either or both accessory dwelling units may be attached or detached. Two detached accessory dwelling units may be located in one structure.

C.

Floor area limit in all zones and floor area ratio in Neighborhood Residential zones

1.

The gross floor area of an accessory dwelling unit may not exceed 1,000 square feet.

2.

The following are not included in the gross floor area limit:

a.

Up to 250 square feet of gross floor area in an attached garage;

b.

Exterior-only accessed storage areas;

c.

All stories, or portions of stories, that are underground; and

d.

Up to 35 square feet of gross floor area dedicated to long-term bicycle parking.

3.

In NR1, NR2, and NR3 zones, gross floor area in an accessory dwelling unit is exempt from FAR limits.

D.

Permitted height

1.

Neighborhood Residential zones. The maximum permitted height for accessory dwelling units is the permitted height for a principal dwelling unit.

2.

Lowrise zones. The maximum permitted height for accessory dwelling units is the permitted height for rowhouse and townhouse development in the applicable zone.

3.

All zones other than Neighborhood Residential or Lowrise. For zones with height limits of 40 feet or less, accessory dwelling units are subject to the permitted height of the zone for principal dwelling units. For zones with height limits greater than 40 feet, accessory dwelling units are subject to the permitted height for rowhouse and townhouse development in the LR3 zone, whichever height limit is applicable.

4.

In all zones, accessory dwelling units associated with cottage developments are subject to the permitted height for cottage housing developments for the applicable zone.

5.

In all zones, allowances above the maximum height limit for pitched roofs, including shed and butterfly roofs, and exemptions for rooftop features are permitted per the applicable zone.

E.

In all zones, accessory dwelling units and appurtenant architectural elements including architectural details, bay windows, and other projections, such as covered porches, patios, decks, and steps, are subject to the yard and setback provisions for principal dwelling units in the underlying zone, except as follows:

1.

In all zones detached accessory dwelling units have no required setback from any lot line that abuts an alley.

2.

Neighborhood Residential zones

a.

A detached accessory dwelling unit and appurtenant architectural elements may be located in the rear yard so long as the structure is no closer than 5 feet to any lot line that does not abut an alley. When a detached accessory dwelling unit is located within a rear yard, the following features may also be located within 5 feet of any lot line:

1)

External architectural details with no living area, such as chimneys, eaves, cornices, and columns, may be located no closer than 3 feet from a property line.

2)

Bay windows no more than 8 feet in width may be located no closer than 3 feet from a property line.

3)

Other projections that include interior space, such as garden windows, may be located no closer than 3.5 feet from a property line starting a minimum of 30 inches above furnished floor, and with maximum dimensions of 6 feet in height and 8 feet in width.

b.

On a through lot, when yards or setbacks cannot be determined, the Director shall designate a rear yard or rear setback for the purpose of allowing an accessory dwelling. In designating a rear yard or rear setback, the Director shall consider factors including but not limited to the location of the yards and setbacks for adjacent structures on the same block face, vehicular and pedestrian access, platting patterns in the vicinity, and topography.

3.

Lowrise zones. Detached accessory dwelling units are excluded from setback averaging provisions and are subject to the minimum setback provision for a principal dwelling unit.

F.

Rooftop decks that are portions of an accessory dwelling unit are allowed up to the applicable height limit, including additions allowed to a detached accessory dwelling unit under subsection 23.44.014.C.4.

G.

Conversions of existing structures

1.

For purposes of this subsection 23.42.022.G, the term "conversion" means keeping an existing structure intact, adding to or altering an existing structure, or removing and rebuilding an existing structure, provided that any expansion or relocation of the structure complies with the development standards for accessory dwelling units in this Section 23.42.022 and the provisions of the applicable zone, unless otherwise allowed by this subsection 23.42.022.G.

2.

For the purposes of this subsection 23.42.022.G, the term "existing accessory structure" means an accessory structure existing prior to July 23, 2023 or an accessory structure existing prior to July 23, 2023 that was subsequently replaced to the same configuration.

3.

Existing accessory structures. An existing accessory structure may be converted into a detached accessory dwelling unit if it meets the following:

a.

To facilitate the conversion of and additions to an existing accessory structure, the Director may allow waivers and modifications as a Type I decision to the provisions for accessory dwelling units in this Section 23.42.022 and the development standards of the applicable zone.

b.

Conversion of an existing accessory structure to a detached accessory dwelling unit is permitted notwithstanding applicable lot coverage or yard or setback provisions in this Section 23.42.022 or the applicable zone. The converted accessory structure shall comply with the minimum standards set forth in Sections 22.206.020 through 22.206.140.

4.

Existing principal structures. The gross floor area of an attached accessory dwelling unit may exceed 1,000 square feet if the portion of the structure in which the attached accessory dwelling unit is located existed as of July 23, 2023.

H.

Building separation

1.

Neighborhood Residential zones. A detached accessory dwelling unit shall be separated from its principal dwelling unit by a minimum of 5 feet measured from eave to eave. To be considered attached, an accessory dwelling unit must be connected to the principal dwelling unit by an enclosed space that is at least 3 feet wide, 3 feet tall, and 3 feet long.

2.

All other zones. A detached accessory dwelling unit shall be separated from its principal dwelling unit by a minimum of 3 feet measured from eave to eave. To be considered attached, an accessory dwelling unit must be connected to a principal dwelling unit by an enclosed space that is at least 3 feet wide, 3 feet tall, and 3 feet long.

I.

No off-street motor vehicle parking is required for an accessory dwelling unit.

J.

Title 23 shall not be interpreted or applied to prohibit the sale or other conveyance of a condominium unit on the grounds that the condominium unit was originally built as an accessory dwelling unit.

K.

Unless provided otherwise in this Section 23.42.022, the provisions of the applicable zone and overlay district apply. In the event of conflict with provisions elsewhere in Title 23 other than Chapter 23.60A, this Section 23.42.022 shall prevail.

(Ord. 127211, § 5, 2025.)

Vehicular and pedestrian access may be provided to a use in one zone across property in a different zone if:

A.

The use to which access is being provided is permitted, either outright or as a conditional use, in the zone across which access is to be provided; or

B.

The use to which access is being provided is a solid waste transfer station use permitted by conditional use in the zone in which it is proposed to be located, and the access for the solid waste transfer station use is across property located in an Industrial or Commercial 2 zone. The proposed access is subject to review under the conditional use criteria applicable to the principal use.

(Ord. 123872, § 1, 2012; Ord. 123046, § 9, 2009.)

A.

Permitted uses. A Master Use Permit may be issued for the following uses, pursuant to the provisions of subsections 23.42.038.B through 23.42.038.E:

1.

On any lot in a Downtown, Seattle Mixed, Highrise, Industrial, or Commercial zone, except for NC1 zones and lots in landmark and special review districts, a Type I Master Use Permit may be issued for the following uses:

a.

General retail sales and services in a kiosk or similar temporary structure;

b.

Mobile food or other vendors using a cart, trailer, van, or similar vehicle;

c.

Displays or installations of art;

d.

Entertainment uses that are outdoors;

e.

Horticulture use; or

f.

Any similar use or activity that is determined by the Director to have the likelihood of attracting and increasing pedestrian activity in the area.

2.

In a Neighborhood Residential or Lowrise zone on a lot owned by the City, a Type 1 Master Use Permit may be issued for any use otherwise allowed as a conditional use, when proposed by an arts or cultural organization and in partnership with a City agency.

B.

Requirements

1.

A permit for the uses permitted by subsection 23.42.038.A shall be authorized for a period of three years and may be renewed for additional three-year terms at the discretion of the Director.

2.

Permits under this Section 23.42.038 may not be issued for property that is located within a riparian corridor, a shoreline habitat, a shoreline habitat buffer, a wetland, a wetland buffer, a steep slope, or a steep slope buffer pursuant to the provisions of Chapter 25.09.

3.

For entertainment uses that are outdoors, hours of operation shall be between 7 a.m. and 10 p.m. and the area of use shall be at least 50 feet from a residential zone.

C.

Waiver of development standards. The Director may waive development standards for the uses allowed pursuant to subsection 23.42.038.A, except measures shall be incorporated to shield vehicle lights to minimize glare on nearby uses.

D.

The uses permitted by Section 23.42.038 do not interrupt any legally established permanent use of a property or create, expand, or extend any nonconformity to development standards by an existing use.

E.

For all uses authorized by Section 23.42.038, appropriate measures shall be taken to control queuing on or other blocking of an adjacent sidewalk or right-of-way.

(Ord. 126685, § 7, 2022; Ord. 124843, § 13, 2015; Ord. 124105, § 13, 2013; Ord. 123566, § 4, 2011)

The Director may grant, deny or condition applications for the following intermittent, temporary, or interim uses not otherwise permitted or not meeting development standards in the zone:

A.

Intermittent uses

1.

A Master Use Permit for a period of up to one year may be authorized for any use that occurs no more than two days per week and does not involve the erection of a permanent structure, provided that:

a.

The use is not materially detrimental to the public welfare; and

b.

The use does not result in substantial injury to the property in the vicinity; and

c.

The use is consistent with the spirit and purpose of the Land Use Code.

B.

Temporary four-week use. A Master Use Permit for a period of up to four weeks may be authorized for any use that does not involve the erection of a permanent structure and that meets the requirements of subsections 23.42.040.A.1.a through 23.42.040.A.1.c.

C.

Temporary uses for up to six months. A Master Use Permit for a period of up to six months may be authorized for any use that does not involve the erection of any permanent structure and that meets the requirements of subsections 23.42.040.A.1.a through 23.42.040.A.1.c.

D.

Boatbuilding Shelters.

1.

A temporary use of premises, not involving the erection of any permanent structure, for the express purpose of sheltering the construction of boatbuilding projects by noncommercial home hobbyists, may be authorized by the Director by a revocable Master Use Permit for a period of not more than one year. One year extensions may be granted by the Director for a period not to exceed four years. The permit is subject to the following development standards:

a.

The boatbuilding shelter shall not detract from the general appearance of the neighborhood.

b.

The structure, though temporary, shall be sturdy enough to withstand inclement weather conditions.

c.

Measures which may be required to mitigate possible adverse impacts of the boatbuilding shelter may include, but are not limited to, restrictions on height, size, location or external treatment.

E.

Temporary Relocation of Police and Fire Stations. A Master Use Permit may be issued for a period of 24 months or less for the temporary relocation of police and fire stations if the proposal complies with the criteria for approval of intermittent uses in subsections 23.42.040.A.1.a-23.42.040.A.1.c, and if the proposal does not involve the construction of any permanent structure. A Master Use Permit for temporary relocation of police and fire stations may be renewed once for a period not to exceed 12 months.

F.

Temporary use for light rail transit facility construction. A temporary structure or use that supports the construction of a light rail transit facility may be authorized by the Director pursuant to a Master Use Permit subject to the requirements of this subsection 23.42.040.F and subsection 23.60A.209.E if the structure or use is within the Shoreline District.

1.

The alignment, station locations, and maintenance base location of the light rail transit system must first be approved by the City Council by ordinance or resolution.

2.

The temporary use or structure may be authorized for only so long as is necessary to support construction of the related light rail transit facility and must be terminated or removed when construction of the related light rail transit facility is completed or in accordance with the Master Use Permit.

3.

The applicant must submit plans for the establishment of temporary construction uses and facilities to the Director for approval. When reviewing the application, the Director shall consider the duration and severity of impacts, and the number and special needs of people and businesses exposed, such as frail, elderly, and special needs residents. Following review of proposed plans and measures to mitigate impacts of light rail transit facility construction, and prior to the issuance of any permits granting permission to establish construction facilities and uses, the Director may impose reasonable conditions to reduce construction impacts on surrounding uses and area, including but not limited to the following:

a.

Noise and grading and drainage. Noise impacts will be governed by Chapter 25.08 and off-site impacts associated with grading and drainage will be governed by Chapter 22.170 and Chapters 22.800 through 22.808.

b.

Light. To the extent feasible, light should be shielded and directed away from adjoining properties.

c.

Best management practices. Construction activities on the site must comply with subsection 22.805.020.D.

d.

Parking and traffic

1)

Measures addressing parking and traffic impacts associated with truck haul routes, truck loading and off-loading facilities, parking supply displaced by construction activity, and temporary construction worker parking, including measures to reduce demand for parking by construction employees, must be included and must be appropriate to the temporary nature of the use.

2)

Temporary parking facilities provided for construction workers need not satisfy the parking requirements of the underlying zone or the parking space standards of Section 23.54.030.

e.

Local businesses. The applicant must address measures to limit disruption of local business, including pedestrian and/or auto access to business, loss of customer activity, or other impacts due to protracted construction activity.

f.

Security. The applicant must address site security and undertake measures to ensure the site is secure at all times and to limit trespassing or the attraction of illegal activity to the surrounding neighborhood.

g.

Site/Design. The construction site should be designed in a manner that minimizes pedestrian/vehicle conflicts and does not unnecessarily impede pedestrian mobility around the site and through adjoining neighborhoods. Measures should also be undertaken to ensure appropriate screening of materials storage and other construction activities from surrounding streets and properties.

h.

Public information. Actions should be taken that will inform surrounding residents and businesses of construction activities taking place and their anticipated duration, including a 24-hour phone number to seek additional information or to report problems.

i.

Weather. Temporary structures must be constructed to withstand inclement weather conditions.

j.

Vibration. The applicant must consider measures to mitigate vibration impacts on surrounding residents and businesses.

k.

Construction management plan. The Director shall require a preliminary construction management plan prior to permit approval and a final construction management plan prior to use of the site. The construction management plan shall incorporate, to the extent feasible, public comment provided through the Community Outreach Report, required by subsection 23.80.002.B, and be approved by the Director of Transportation.

4.

Site restoration

a.

The applicant must also agree, in writing, to submit a restoration plan to the Director for restoring areas occupied by temporary construction activities, uses, or structures.

b.

The restoration plan must be submitted and approved prior to the applicant vacating the construction site and it must include proposals for cleaning, clearing, removing construction debris, grading, remediation of landscaping that prioritizes installation of woody vegetation wherever feasible, and restoration of grade and drainage.

c.

Site restoration must generally be accomplished within 180 days of cessation of use of the site for construction uses and activities, unless otherwise agreed to between the applicant and the Director.

d.

The Director will approve plans for site restoration in accordance with mitigation plans authorized under this Section 23.42.040.

5.

Tree and vegetation management plan (TVMP) for light rail transit facilities. A TVMP must be reviewed and approved by the Director prior to approval of the Master Use Permit. Tree removal and vegetation management activities for light rail transit facilities shall meet the requirements of this subsection 23.42.040.F.5 and comply with the approved TVMP.

a.

The TVMP shall contain the following information. All information in the TVMP must be consistent with the requirements of subsections 23.42.040.F.5.b through 23.42.040.F.5.g.

1)

An inventory and map of all trees anticipated to be retained and removed during construction;

2)

Documentation of proposed protection methods for retained trees;

3)

A description of all proposed tree mitigation;

4)

Best management practices to be used during construction;

5)

Site restoration requirements that prioritize installation of woody vegetation wherever feasible; and

6)

Post-construction tree and vegetation management practices.

b.

Trees retained during construction must be protected by approved methods consistent with the American National Standards Institute A300 standards.

c.

Trees and vegetation in environmentally critical areas are subject to requirements of Chapter 25.09.

d.

Trees and vegetation in shoreline environments are subject to Chapter 23.60A.

e.

Trees in the right-of-way are subject to requirements of Title 15.

f.

Trees on City property are subject to the requirements of applicable executive orders.

g.

Except for trees in an environmentally critical area, a shoreline environment, or on City property and right-of-way, each tree removed shall be replaced by one or more new trees, the size and species of which shall be approved by the Director to comply with the following requirements. Alternatively, the removal of a tree may be replaced with an in-lieu-fee approved by the Director.

1)

Tree replacement shall be designed to result, upon maturity, in a canopy cover that is at least roughly proportional to the canopy cover prior to tree removal.

2)

Replacement tree species shall be native and/or culturally significant species, and resilient to climate change.

3)

Tree replacement shall be prioritized in the light rail construction areas.

4)

Tree maintenance and monitoring is required for a five-year period after site restoration is complete.

5)

Tree replacement, site restoration, and voluntary payment in lieu must be completed prior to revenue service operation of the light rail facility.

h.

Records. A public agency acting pursuant to this subsection 23.42.040.F.5 shall maintain all applicable records documenting compliance with a TVMP. A public agency shall provide the records to the Director upon request.

G.

Authorized intermittent, temporary, and interim uses do not interrupt any legally established permanent use of a property.

(Ord. 127228, § 5, 2025; Ord. 126685, § 8, 2022 [typographical error and style correction]; Ord. 125603, § 9, 2018; Ord. 125558, § 3, 2018; Ord. 124105, § 14, 2013; Ord. 123939, § 3, 2012; Ord. 123565, § 1, 2011; Ord. 123106, § 6, 2009; Ord. 122816, § 2, 2008; Ord. 122198, § 1, 2006; Ord. 121563, § 2, 2004; Ord. 121277, § 1, 2003; Ord. 119904, § 1, 2000; Ord. 117263, 4, 1994; Ord. 112840, § 1, 1986; Ord. 110381, § 1, 1982.)

A.

As shown on Map A for 23.48.740 in the Uptown Urban Center, Map A for 23.48.240 in the South Lake Union Urban Center, and Downtown Map 1G in the Downtown Urban Center, and excluding Special Review and Historic Districts, a use provided for interim street activation purposes set forth in this Section 23.42.041 is allowed to fulfill street-level use requirements in addition to uses allowed by the zone, for an interim period according to the provisions of this Section 23.42.041.

1.

Eligibility. To qualify, an applicant must meet the following:

a.

The Department must have issued a certificate of occupancy for the structure before May 12, 2025.

b.

The applicant must submit a complete application for the interim street-level use within 36 months after the effective date of this ordinance.

2.

Structures with existing permit conditions or development standard limitations related to street-level uses for floor area ratio pursuant to Chapter 23.48, Section 23.49.011, or bonus floor area achieved for general sales and service uses pursuant to Sections 23.49.012 and 23.49.013, or related to past changes of use to existing structures, may have uses for interim street activation purposes pursuant to this Section 23.42.041 and will not require additional developer contributions, except as indicated in applicable provisions.

3.

The use of a space may return from an interim street-level use to the previously established use at the property owner's or applicant's option; provided that, if the previously established use was a nonconforming use, Section 23.42.110 shall not apply in this instance.

4.

Notwithstanding the future expiration of this Section 23.42.041, an approval for interim street-level uses or a permit that is issued or approved for issuance before the expiration of this Section 23.42.041 may continue as a non-conforming use consistent with Sections 23.42.100 through 23.42.110.

B.

Permitted uses

1.

In addition to the street-level uses permitted by the applicable zone, the following uses are permitted as other permissible street-level uses for the purpose of interim street activation, as shown on Map A for 23.48.740 in the Uptown Urban Center, Map A for 23.48.240 in the South Lake Union Urban Center, and Downtown Map 1G:

a.

Arts facilities, including art installations, that do not conflict with Chapter 23.55;

b.

Bicycle commuter shower facilities that are accessory to office uses;

c.

Food processing and craft work;

d.

Horticultural uses;

e.

Institutions, except hospitals or major institutions;

f.

Lobbies, gyms, meeting rooms, shared working spaces, and other similarly active uses accessory to residential or lodging uses limited to a street frontage of 30 feet;

g.

Medical services;

h.

Museums;

i.

Public parks;

j.

Public restrooms;

k.

Sales and services, non-household;

l.

Offices;

m.

Research and development laboratories; and

n.

Any similar use or activity that is determined by the Director to have the likelihood of attracting and increasing pedestrian activity in the area such as extending the duration of activity beyond 8 a.m. to 5 p.m. Monday to Friday or increasing the variety of goods and services available.

2.

The Director shall require the most active portions of interim street activation uses allowed by Section 23.42.041, such as lobbies, waiting areas, and retail sales, to abut the street-facing facade along street frontages where street-level uses are required by the zone.

C.

Development standard flexibility

1.

FAR exemption

a.

In the Downtown Urban Center, floor area in uses provided for interim street activation purposes shall not be chargeable floor area when located at street level or no higher than one story above street level, when consistent with the provisions of subsection 23.49.011.B.

b.

In Seattle Mixed zones in the South Lake Union and Uptown Urban Centers, notwithstanding requirements in subsections 23.48.005.D, 23.48.220.B.2, and 23.48.720.C.4, floor area in uses provided for interim street activation purposes shall not be chargeable floor area when located at street level or no higher than one story above a street-level story.

c.

In Downtown Urban Center locations eligible for interim street activation, notwithstanding subsection 23.49.011.B.1.b.4, a mezzanine within a street-level use is not chargeable floor area even if it interrupts the floor-to-floor heights within the minimum depth stated in subsection 23.49.011.B.1.b.2.

d.

In South Lake Union and Uptown Urban Center locations eligible for interim street activation uses, notwithstanding subsection 23.48.040.C, a mezzanine within a street-level use is not chargeable floor area even if it interrupts minimum floor-to-floor heights and minimum depth stated in subsection 23.48.040.C.3.

e.

For the purposes of this subsection 23.42.041.C.1, for floor area above street level, changes from residential use to a commercial use provided for interim street activation purposes is subject to mandatory housing affordability (MHA) provisions of subsection 23.58B.020.B.

2.

Minimum depth of street-level use

a.

In Downtown Urban Center locations eligible for interim street activation (Map 1G of Chapter 23.49), notwithstanding the provisions of subsection 23.49.011.B.1.b.2, a street-level use may have a minimum depth of 8 feet from the street-facing facade.

b.

In South Lake Union and Uptown Urban Center locations eligible for interim street activation, notwithstanding subsection 23.48.040.C, a street-level use may have a minimum depth of 8 feet from the street-facing facade.

(Ord. 127198, § 1, 2025.)

A.

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

B.

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

C.

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

D.

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

E.

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

1.

A permit to change the use of the lot has been issued and the new use has been established; or

2.

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

(Ord. No. 123209, § 4, 2009; Ord. 122311, § 21, 2006; Ord. 117570 § 13, 1995: Ord. 116262, § 5, 1992; Ord. 112522 § 8, 1985.)

A.

When reviewing permit applications under this Code, the Director may require the applicant to avoid or mitigate potential parking impacts caused by construction activity and temporary construction-worker parking. Mitigation may include, but is not limited to, requiring parking for construction workers to be located on the construction site.

B.

Temporary parking facilities provided for construction workers are exempt from the parking requirements of the underlying zone and the parking requirements of SMC 23.54.

C.

Temporary parking provided for construction workers must be terminated or removed when construction is completed.

(Ord. 122670, § 2, 2008.)

A.

Dwelling units. In all zones a dwelling unit exists if the area meets the requirements of subsection 23.42.048.A.1 or 23.42.048.A.2 and if the area is not a congregate residence or nursing home, and is not located in a hotel, motel, or public facility such as a fire station.

1.

A separate or separable area within a building, including:

a.

A complete food preparation area. A room or portion of a room designed, arranged, intended, or used for cooking or otherwise making food ready for consumption that contains a sink, and a stove or range, a refrigerator, and a countertop, shall be considered a complete food preparation area; and

b.

A bathroom containing a toilet, and a shower or bathtub; and

c.

One or more sleeping rooms.

2.

A sleeping room with an associated private bathroom including a toilet, and a shower or bathtub, within a separate or separable area of a building that contains more than four sleeping rooms, if:

a.

Fifty percent or more of the sleeping rooms in the separate or separable area have an associated private bathroom including a toilet, and a shower or bathtub; or

b.

Less than 30 percent of the floor area of the separate or separable area is in shared space such as a living or dining room.

3.

For the purposes of this subsection 23.42.048.A, a separate or separable area is an area having direct access to the exterior of the building or access to the exterior via hallways and stairways that are primarily ingress/egress routes to the exterior rather than leading to common kitchens and living areas.

B.

Small efficiency dwelling units. In all zones, small efficiency dwelling units are subject to the following standards. Small efficiency dwelling units are also subject to additional standards specified in the Seattle Building Code and any Director's Rule making interpretation thereof.

1.

Living room net floor area. Each small efficiency dwelling unit shall have a living room that has at least 150 net square feet of floor area as specified in the rules promulgated by the Director. The floor area occupied by storage, bathrooms, cabinets, closets, appliances, and structural features is not included in calculating the net floor area.

2.

Total floor area. The total floor area of a small efficiency dwelling unit, inclusive of bathrooms, cabinets, closets, appliances, and structural features, shall be at least 220 square feet.

3.

Food preparation area. Each small efficiency dwelling unit shall contain a food preparation area with a cooking appliance that may be portable, such as a microwave, a refrigerator, a sink, and not less than 4 square feet of contiguous countertop work area.

4.

Bathroom. Each small efficiency dwelling unit shall contain a bathroom with a toilet, sink, and a shower or bathtub.

(Ord. 126157, § 11, 2020; Ord. 125603, § 10, 2018; Ord. 124608, § 3, 2014.)

Congregate residences are subject to the development standards for the zone in which they are located, and to the development standards for apartments where such housing type standards are specified. In any zone or instance in which a dwelling unit density limit applies to residential development, congregate residence sleeping rooms shall be treated as one-fourth of a dwelling unit for the purposes of calculating dwelling unit density.

(Ord. 127098, § 1, 2024; Ord. 126626, § 1, 2022; Ord. 124608, § 4, 2014.)

A home occupation of a person residing in a dwelling unit is permitted outright in all zones as an accessory use to any residential use permitted outright or to a permitted residential conditional use, subject to the following requirements:

A.

The occupation is clearly incidental to the use of the dwelling unit as a dwelling.

B.

The occupation may be conducted within any legal principal or accessory dwelling unit or structure, and in outdoor locations on the lot.

1.

Home occupation businesses may be conducted by residents of a principal dwelling unit and/or an accessory dwelling unit.

2.

The presence of one home occupation does not preclude a resident of another legally established dwelling unit on the property from also conducting a home occupation.

3.

Outdoor play areas for child care programs, and outdoor activities customarily incidental to the residential use, are permitted.

C.

Parking of vehicles associated with the home occupation is permitted anywhere that parking is permitted on the lot, including required parking spaces.

D.

Visual evidence of home occupations

1.

Interior and exterior alterations and additions that comply with the development standards of the zone are permitted;

2.

Alterations and additions that are required by licensing or construction codes for child care programs are permitted; and

3.

Signs identifying the home occupation are permitted subject to compliance with Chapter 23.55, Signs.

E.

No outdoor storage is permitted in connection with a home occupation.

F.

An automotive retail sales and services home occupation shall not cause a substantial increase in on-street parking congestion or a substantial increase in traffic within the immediate vicinity.

G.

A maximum of three passenger vehicles, vans, and similar vehicles, associated with the home occupation, each not exceeding a gross vehicle weight of 10,000 pounds are permitted to be at the home occupation site, independent of commercial deliveries and pickups. For lots developed with a single-family dwelling in NR zones, this limit is in addition to the outdoor parking limit in subsection 23.44.016.C.3.

H.

The home occupation shall be conducted so that noise, odor, smoke, dust, light and glare, and electrical interference and other similar types of spillover effects do not create negative impacts at or beyond the property line of the lot where the home occupation is located.

I.

No portion of a home occupation shall be a drive-in business.

(Ord. 126845, § 1, 2023; Ord. 126293, § 2, 2021; Ord. 126131, § 1, 2020; Ord. 123939, § 4, 2012; Ord. 123649, § 8, 2011; Ord. 122311, § 22, 2006.)

A.

All Urban Farms in Residential Zones. In all residential zones all urban farms are subject to the following provisions:

1.

Mechanical equipment. Only mechanical equipment designed for household use may be used.

2.

Sales. Retail sales and all other public use of the farm shall begin no earlier than 7:00 a.m. and end by 7:00 p.m. every day of the week.

3.

Deliveries. Commercial deliveries and pickups are limited to one per day. On-site sales are not considered commercial pickups.

4.

Motor vehicles. No more than two motor vehicles, each with a gross vehicle weight of 10,000 pounds or less, may be used for farm operations.

5.

Location. The farm shall be located on the same lot as the principal use to which it is accessory or on a lot where the planting area is within 800 feet of the lot where the principal use is located.

6.

Signs. One identification sign is permitted, not exceeding 64 square inches in area.

7.

Structures. On a lot with no principal structure:

a.

The total gross floor area of all structures for urban farm use may not exceed 1,000 square feet.

b.

Structures for urban farm use may not exceed 12 feet in height, including any pitched roof.

c.

Structures for urban farm use are also subject to the development standards that would apply to an accessory structure in the zone.

B.

Urban Farms Requiring Conditional Use Permits in Residential Zones. If an urban farm in a residential zone requires an administrative conditional use permit, the provisions of this subsection 23.42.051.B also apply. The Director may approve, condition or deny a conditional use permit based on the general conditional use criteria applicable in the zone and based on potential impacts of the types described in this subsection 23.42.051.B.

1.

Management Plan. The applicant shall provide a proposed urban farm management plan that addresses any probable impacts of the type described in this subsection 23.42.051.B and includes any proposed mitigation measures. The plan shall include, without limitation:

a.

a site plan;

b.

description of the type of equipment necessary or intended for use in each season and the frequency and duration of anticipated use;

c.

disclosure of any intent to spray or otherwise apply agricultural chemicals or pesticides, frequency and duration of application, and the plants, diseases, pests or other purposes they are intended for;

d.

disclosure of whether the operation of the farm would involve 750 square feet or more of land-disturbing activity, or would otherwise require drainage approval under Chapter 22.800 et seq.; and

e.

a proposed sediment and erosion control plan.

2.

Potential Impacts and Mitigation. The Director, in determining whether to approve, approve with conditions or deny the application, shall consider the potential impacts and mitigation, including:

a.

Water Quality and Soils. Impacts of irrigation run-off on adjacent properties, water bodies and environmentally critical areas, and proposed sediment and erosion control measures.

b.

Traffic and Parking. Impacts related to the number of staff onsite during work hours, and the number of potential visitors regularly associated with the site.

c.

Visual Impacts and Screening. Visual impacts relating to the proposed nature, location, design, and size of proposed features, structures and activities, including the location of composting activities and planting areas, and any existing or proposed screening.

d.

Noise and Odor. Impacts related to the location on the lot of the proposed urban farm, any trash or compost storage areas, any farm stand or additional accessory structure, and any other noise-generating or odor-generating equipment and practices.

e.

Agricultural Chemicals. Impacts related to the use of chemicals, including any fertilizer and pesticide.

f.

Mechanical Equipment. Impacts related to the operation of equipment, including noise, odors, and vibration.

3.

Conditions of Approval. Conditions of approval may include, without limitation:

a.

measures such as landscaping or fences to mitigate potential visual impacts on adjacent property and public areas;

b.

measures such as landscaping, sound barriers or fences, mounding or berming, adjustments to location of parking or yard standards, structure design modifications, and limited hours of operation for facilities or activities, to mitigate potential noise and/or odor impacts; and

c.

measures related to operation of the urban farm consistent with some or all of the provisions of the urban farm management plan, with any amendments required or permitted by the Director.

C.

Odors or Fumes. In all zones, no odors or fumes from an urban farm shall be allowed to escape into the open air in such amounts as to be detrimental to the health of any individuals or the public; or noticeable, discomforting or disagreeable so as to offend the sensibilities of a reasonable individual at a distance of more than 200 feet from an urban farm.

(Ord. 123378, § 2, 2010.)

The keeping of small animals, farm animals, domestic fowl and bees is permitted outright in all zones as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the standards of this Section 23.42.052.

A.

Small Animals. Up to three small animals may be kept accessory to each business establishment, other than an urban farm, or dwelling unit on a lot, except as follows:

1.

In no case is more than one miniature potbelly pig allowed per business establishment or dwelling unit (see subsection 23.42.052.B).

2.

In neighborhood residential zones,

a.

accessory dwelling units shall not be considered separate dwelling units for the purpose of this Section 23.42.052;

b.

up to four small animals are permitted on lots of at least 20,000 square feet; and

c.

one additional small animal is permitted for each 5,000 square feet of lot area in excess of 20,000 square feet. Accessory structures, including kennels, for four or more animals must be at least 10 feet from any other lot in a residential zone.

B.

Miniature Potbelly Pigs. That type of swine commonly known as the Vietnamese, Chinese, or Asian Potbelly Pig (Sus scrofa bittatus) may be kept as a small animal, provided that no swine that is greater than 22 inches in height at the shoulder or more than 150 pounds in weight may be kept in the city.

C.

Domestic Fowl. Up to eight domestic fowl may be kept on any lot in addition to the small animals permitted in subsection 23.42.052.A.

1.

On lots greater than 10,000 square feet that include either a community garden or an urban farm, one additional fowl is permitted for every 1,000 square feet of lot area over 10,000 square feet in community garden or urban farm use.

2.

Roosters are not permitted.

3.

Structures housing domestic fowl must be located at least 10 feet away from any structure that includes a dwelling unit on an adjacent lot.

D.

Farm Animals. Cows, horses, sheep and other similar farm animals are permitted only on lots of at least 20,000 square feet. The keeping of swine is prohibited, except for miniature potbelly pigs allowed under subsection 23.42.052.B.

1.

One farm animal for every 10,000 square feet of lot area is permitted.

2.

Farm animals and structures housing them must be kept at least 50 feet from any other lot in a residential zone.

E.

Beekeeping. Beekeeping is permitted outright as an accessory use, when registered with the State Department of Agriculture, provided that:

1.

No more than four hives, each with only one swarm, are allowed on lots of less than 10,000 square feet.

2.

Hives shall not be located within 25 feet of any lot line except when situated 8 feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or when situated less than 8 feet above the adjacent existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any lot line within 25 feet of a hive and extending at least 20 feet beyond the hive in both directions.

F.

Miniature Goats. The types of goats commonly known as Pygmy, Dwarf and Miniature Goats may be kept as small animals, provided that male miniature goats are neutered and all miniature goats are dehorned. Nursing offspring of miniature goats licensed according to the provisions of this Code may be kept until weaned, no longer than 12 weeks from birth, without violating the limitations of subsection 23.42.052.A.

(Ord. 126509, § 27, 2022 [zone name change]; Ord. 123378, § 3, 2010; Ord. 122508, § 1, 2007; Ord. 122311, § 23, 2006.)

A.

In all zones, the total gross floor area of all structures for community garden use may not exceed 1,000 square feet on any lot.

B.

In all zones, structures for community garden use are limited to 12 feet in height, including any pitched roof.

C.

Structures for community garden use are subject to the development standards of the zone as they apply to accessory structures.

(Ord. 123378, § 4, 2010.)

A.

Transitional encampment use on property owned or controlled by a religious organization. A transitional encampment is allowed on a site in any zone, if the property is owned or controlled by a religious organization, subject to the provisions of subsection 23.42.054.B. If the site includes property developed with legally-established parking that is accessory to a religious facility or other use established on the property, then any parking displaced by the encampment does not need to be replaced.

B.

The encampment operator or applicant shall comply with the following provisions:

1.

Allow no more than 100 persons to occupy the encampment site as residents of the encampment.

2.

Comply with the following fire safety and health standards:

a.

Properly space, hang, and maintain fire extinguishers within the encampment as required by the Fire Department;

b.

Provide and maintain a 100-person first-aid kit;

c.

Establish and maintain free of all obstructions access aisles as required by the Fire Department;

d.

Install appropriate power protection devices at any location where power is provided;

e.

Designate a smoking area;

f.

Keep the site free of litter and garbage;

g.

Observe all health-related requirements made by the Public Health Department of Seattle & King County; and

h.

Post and distribute to encampment residents, copies of health or safety information provided by the City of Seattle, King County, or any other public agency.

i.

Prohibit any open flames except an outdoor heat source approved by the Fire Department.

3.

Provide toilets, running water, and garbage collection according to the following standards:

a.

Provide and maintain chemical toilets as recommended by the portable toilet service provider or provide access to toilets in an indoor location;

b.

Provide running water in an indoor location or alternatively, continuously maintain outdoor running water and discharge the water to a location approved by the City; and

c.

Remove garbage frequently enough to prevent overflow.

4.

Cooking facilities, if they are provided, may be located in either an indoor location or outdoors according to the following standards:

a.

Provide a sink with running water in an indoor location or alternatively, continuously maintain outdoor running water and discharge the water to a location approved by the City;

b.

Provide a nonabsorbent and easily-cleanable food preparation counter;

c.

Provide a means to keep perishable food cold; and

d.

Provide all products necessary to maintain the cooking facilities in a clean condition.

5.

Allow officials of the Public Health Department of Seattle & King County, the Seattle Fire Department, and the Seattle Department of Construction and Inspections to inspect areas of the encampment that are located outdoors and plainly visible without prior notice to determine compliance with these standards.

6.

Individuals under the age of 18 years that are not accompanied by a parent or legal guardian shall not be permitted in an encampment.

7.

File a site plan with the Seattle Department of Construction and Inspections showing the arrangement of the encampment, including numbers of tents or similar sleeping shelters, all facilities that are separate from the sleeping shelters, and all existing structures on the property, if any. The site plan is for informational purposes and is not subject to City review or permitting requirements.

C.

A site inspection of the encampment by a Department inspector is required prior to commencing encampment operations.

D.

Parking is not required for a transitional encampment allowed under this Section 23.42.054.

(Ord. 126042, § 2, 2020; Ord. 124919, § 132, 2015; Ord. 124747, § 1, 2015; Ord. 123729, § 1, 2011.)

A.

This Section 23.42.055 establishes the requirements for use of alternative development standards for development of affordable units on property owned or controlled by a religious organization where allowed by the provisions of the zone.

B.

Eligible property. The property must be owned or controlled by a religious organization at the date of the permit application.

C.

Affordability requirements

1.

All units permitted pursuant to this Section 23.42.055 shall be affordable units. For purposes of this Section 23.42.055, "affordable unit" means a dwelling unit that is a restricted unit subject to housing cost and income limits no higher than 80 percent of median income.

2.

Duration. The requirements of subsection 23.42.055.B shall last for a period of 50 years from the date of the certificate of occupancy or, if a certificate of occupancy is not required, from the date of the final building permit inspection for the development to which this Section 23.42.055 applies.

3.

Affordable rent. Monthly rent shall not exceed 30 percent of 80 percent of median income.

4.

Affordable sale price. The Office of Housing will establish by rule the formula for calculating maximum affordable prices for initial sales and resales to allow modest growth in homeowner equity while maintaining long-term affordability for income-eligible buyers.

D.

Agreement. As a condition of building permit issuance for a development according to this Section 23.42.055, the property owner and the Director of Housing must enter into an agreement in a form acceptable to the City that includes housing covenants consistent with this Section 23.42.055 and the final plan set approved by the Department. The agreement must be recorded on the title of the eligible property.

E.

Applicability. Projects that vested according to Section 23.76.026 prior to August 9, 2021, in accordance with subsection 23.76.026.F and that satisfy the requirements of this Section 23.45.055 are also eligible to use the alternative development standards authorized by this Section 23.42.055 where allowed by the provisions of the zone.

(Ord. 127228, § 6, 2025; Ord. 126855, § 5, 2023; Ord. 126685, § 9, 2022 [cross-reference update]; Ord. 126445, § 1, 2021; Ord. 126384, § 1, 2021)

A Type I Master Use Permit may be issued for a transitional encampment interim use according to the requirements of this Section 23.42.056.

A.

The Director, in consultation with the Human Services Director, shall adopt a rule according to Section 23.88.010 that includes but is not limited to establishing:

1.

Community outreach requirements that include:

a.

Community outreach standards that the encampment operator shall comply with before filing a transitional encampment interim use permit application, whether for a new transitional encampment or relocation of an existing transitional encampment. At a minimum, outreach standards shall contain a requirement that the encampment operator convene at least one public meeting in the neighborhood where the transitional encampment interim use is proposed to be established, at least 14 days prior to applying for a permit;

b.

A requirement that the proposed encampment operator establish a Community Advisory Committee that would provide advisory input on proposed encampment operations including identifying methods for handling community complaints or concerns as it relates to the facility or facility clients. The committee shall include one individual identified by each stakeholder group in the geographic area where the proposed encampment would be located as best suited to represent their interests. The committee shall consist of no fewer than five and no more than ten members. Encampment operator representatives shall attend committee meetings to answer questions and shall provide regular reports to the committee concerning encampment operations. City staff may attend the meetings; and

2.

Operations standards that the encampment operator is required to implement while an encampment is operating.

B.

Location. The transitional encampment interim use may be located on property within any zone subject to the following requirements:

1.

Screening shall be installed and maintained along each encampment boundary, including boundaries fronting on an opened public street. The screening shall consist of existing or installed vegetation that is sufficiently dense to obscure viewing the encampment site, or a 6-foot high view-obscuring fence or wall.

2.

Except for encampments established prior to February 18, 2020, all encampment facilities, improvements, activities, and uses shall be set back from abutting lot lines, as follows:

a.

10 feet from any side or rear lot line that abuts a lot in a neighborhood residential zone; and

b.

5 feet from any side or rear lot line that abuts a lot in any zone other than neighborhood residential; except that no setback is required when an abutting lot, which is not in a neighborhood residential zone, does not have an established use.

3.

The property is owned or controlled by a private party, an Educational Major Institution, The City of Seattle, or another public entity.

4.

The property is within ½ mile of a transit stop. This distance shall be the walking distance measured from the nearest transit stop to the lot line of the lot containing the encampment site.

5.

The property is 5,000 square feet or larger and provides a minimum of 100 square feet of land area for each occupant that is permitted to occupy the encampment site.

6.

The property does not contain a wetland, wetland buffer, known and potential landslide designations, steep slope, steep slope buffer, or fish and wildlife habitat conservation area defined and regulated by Chapter 25.09 unless all encampment facilities, improvements, activities, and uses are located outside any critical area and required buffer as provided for in Chapter 25.09.

7.

The encampment site is not used by an existing legally-permitted use for code or permit-required purposes including but not limited to parking or setbacks.

8.

The property is not an unopened public right-of-way; or designated as a park, playground, viewpoint, or multi-use trail by the City or King County.

9.

The property is, as measured by a straight line, at least 1 mile from any other legally-established transitional encampment interim use including encampments accessory to a religious facility or accessory to other principal uses on property owned or controlled by a religious organization. This subsection 23.42.056.B.9 shall not apply:

a.

To encampments on sites owned or controlled by religious organizations, or

b.

To any legally-established transitional encampment interim use that provides shelter for fewer than ten persons, or

c.

When at least one transitional encampment is established in each Council District.

C.

Operation. The transitional encampment interim use shall meet the following requirements:

1.

The encampment may be operated by a private party that shall prepare an Encampment Operations Plan that shall address: site management, site maintenance, provision of human and social services, referrals to service providers that are able to provide services to individuals under the age of 18 who arrive at an encampment unaccompanied by a parent or legal guardian, and public health and safety standards. The operations plan shall be filed with the transitional encampment interim use permit application.

2.

The operator shall be included in the qualified encampment roster prepared by the Human Services Director. The transitional encampment interim use permit applicant shall include documentation as part of the permit application demonstrating that the encampment operator is on the qualified encampment operator roster.

D.

Additional requirements. The transitional encampment interim use shall meet the following requirements:

1.

The requirements for transitional encampment accessory uses in subsections 23.42.054.B and 23.42.054.C.

2.

The operator of a transitional encampment interim use who receives funding from the City of Seattle shall provide case management and security as established in a management plan approved by the Director of the City of Seattle Human Services Department.

3.

The operator of a transitional encampment interim use who receives funding from the City of Seattle Human Services Department or the King County Regional Homelessness Authority shall comply with performance standards in the contract or contracts administered by those agencies for the encampment.

4.

The operator of a transitional encampment interim use located on City-owned or -controlled property shall obtain prior to permit issuance and maintain in full force and effect, at its own expense, liability insurance naming the City as an additional insured in an amount sufficient to protect the City as determined by the City Risk Manager from:

a.

All potential claims and risks of loss from perils in connection with any activity that may arise from or be related to the operator's activity upon or the use or occupation of the City-owned or -controlled property allowed by the permit; and

b.

All potential claims and risks in connection with activities performed by the operator by virtue of the permission granted by the permit.

5.

The operator of a transitional encampment interim use located on City-owned or -controlled property shall, on a form approved by the Director, agree to defend, indemnify, and hold harmless The City of Seattle, its officials, officers, employees, and agents from and against:

a.

Any liability, claims, actions, suits, loss, costs, expense judgments, attorneys' fees, or damages of every kind and description resulting directly or indirectly from any act or omission of the operator of a transitional encampment interim use located on City-owned or -controlled property, its subcontractors, anyone directly or indirectly employed by them, and anyone for whose acts or omissions they may be liable, arising out of the operator's use or occupancy of the City-owned or -controlled property; and

b.

All loss by the failure of the operator of a transitional encampment interim use located on City-owned or -controlled property to perform all requirements or obligations under the transitional encampment interim use permit, or federal, state, or City codes or rules.

6.

A transitional encampment interim use located on City-owned or -controlled property shall allow service providers to access the site according to the approved operations plan required by subsection 23.42.056.B.1.

E.

Permit term and renewal. A permit for a transitional encampment interim use under this Section 23.42.056 may be authorized for up to one year from the date of permit issuance. A permit for a transitional encampment may be renewed for additional one-year terms by the Director as a Type I decision subject to the following:

1.

The operator shall provide notice of a request to extend the use in a manner determined by a Director's Rule. The notice shall be given to the Citizen's Advisory Committee and persons who provided the operator with an address for notice;

2.

The encampment is in compliance with the requirements of Section 23.42.056; and

3.

The operator shall provide with the permit renewal application an Encampment Operations Plan that shall be in effect during the permit renewal period and consistent with subsection 23.42.056.A.

F.

Limit on the number of encampments

1.

Maximum number of encampments. No more than 40 transitional encampment interim use encampments shall be permitted and operating at any one time, and each encampment shall not have more than 100 occupants. The limit of 40 transitional interim use encampments shall not include transitional encampments located on property owned or controlled by a religious organization.

2.

Existing encampments established by and operating under temporary use permits. Encampments presently operating under temporary use permits issued pursuant to subsections 23.42.040.B and 23.42.040.C may apply for an interim use permit pursuant to this Section 23.42.056, subject to the limits established by subsection 23.42.056.F.1. The term for operating any encampments obtaining interim use permits in lieu of temporary use permits shall begin on the date the interim use permit is issued regardless of how long the encampment has been established by a prior temporary use permit.

(Ord. 126509, § 28, 2022 [zone name change]; Ord. 126042, § 3, 2020; Ord. 125163, § 4, 2016; Ord. 124747, § 2, 2015.)

Low-income housing must meet the development standards for the zone in which it is located except as follows:

A.

Requests for waivers or modifications. The Director may consider requests for waivers or modifications from the following development standards in this Title 23:

1.

Requirements for the size of parking spaces;

2.

Requirements for ratios of vehicle parking sizes;

3.

Requirements for overhead weather protection;

4.

Requirements for facade openings, articulation, and modulation on the facades of buildings except limitations on structure width may not be waived or modified;

5.

Requirements for the size and design of common recreational areas, amenity areas, community rooms, or similar indoor amenities;

6.

Requirements for outdoor open space and amenity areas;

7.

Requirements related to residential uses, transparency, blank facades, and floor-to-floor height at street level; and

8.

Other similar physical development standards as determined by the Director that do not increase the size of the building envelope.

B.

Waiver or modification decision. Requests for waivers or modifications shall be evaluated by the Director, in consultation with the Office of Housing and may be granted by the Director as a Type I decision if the waiver or modification would facilitate development of low-income housing.

C.

Community engagement and relations. For permanent supportive housing, the applicant shall submit a draft community relations plan in a form acceptable to the Director and the Director of Housing. The draft community relations plan shall describe the overall community engagement and communication strategy throughout the project's pre-development, design, construction, and operation phases. In addition to compliance with the draft community relations plan, the applicant must hold at least one community meeting in-person, or virtually in the event of an emergency that makes in-person meetings impracticable as declared by the Mayor. Virtual meetings may be offered to supplement in-person meetings. This meeting shall be exclusively about the project and the applicant must send notice of the meeting to neighbors at least within 500 feet of the site.

D.

Applicability. Low-income housing that vests according to Section 23.76.026 prior to August 14, 2023 may also request waivers and modifications as authorized by this Section 23.42.057 and the provisions of the zone.

(Ord. 126855, § 6, 2023; Ord. 126684, § 3, 2022; Ord. 126287, § 2, 2021)

A.

Major cannabis activity is prohibited in any dwelling unit, regardless of the zone in which the dwelling unit is located, except that major cannabis activity is allowed in caretaker's quarters unless the quarters are located in a zone or district identified in subsection 23.42.058.B.

B.

Major cannabis activity is prohibited in the following zones and districts:

1.

Neighborhood residential zones;

2.

Multifamily zones;

3.

Neighborhood Commercial 1 (NC1) zones;

4.

Pioneer Square Mixed (PSM);

5.

International District Mixed (IDM);

6.

International District Residential (IDR);

7.

Downtown Harborfront 1 (DH1);

8.

Downtown Harborfront 2 (DH2);

9.

Pike Market Mixed (PMM);

10.

Ballard Avenue Landmark District;

11.

Columbia City Landmark District;

12.

Fort Lawton Landmark District;

13.

Harvard-Belmont Landmark District;

14.

International Special Review District;

15.

Pike Place Market Historical District;

16.

Pioneer Square Preservation District;

17.

Sand Point Overlay District; or

18.

Stadium Transition Area Overlay District.

C.

Major cannabis activity is allowed in all other zones if the activity and site meet the following requirements:

1.

The person operating the major cannabis activity must have a current license issued by the State of Washington pursuant to Title 69 RCW authorizing the person to produce, process, or sell, at the proposed site, cannabis, cannabis-infused products, useable cannabis, or cannabis concentrates, or to research or test any of those products at the proposed site for quality assurance pursuant to Title 69 RCW;

2.

Any lot line of property having a major cannabis activity must be 1,000 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is located: elementary school; secondary school; or playground;

3.

Any lot line of property having a major cannabis activity that includes the retail sale of cannabis products, except that in Downtown Mixed Residential and Downtown Mixed Commercial zones within that portion of the Downtown Urban Center that is west of Interstate 5, north of Yesler Way, and south of Denny Way major cannabis activity that includes the retail sale of cannabis products must be 250 feet or more, must be 500 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is established and operating: child care center; game arcade; library; public park; public transit center; or recreation center or facility;

4.

Any lot line of property having a major cannabis activity that does not include the retail sale of cannabis products must be 250 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is established and operating: child care center; game arcade; library; public park; public transit center; or recreation center or facility;

5.

No more than two properties with major cannabis activity that includes the retail sale of cannabis products are allowed within 1000 feet of each other; where any lot lines of two properties with existing major cannabis activity that includes the retail sale of cannabis products are located within 1000 feet of each other, any lot line of another property with a new major cannabis activity that includes the retail sale of cannabis products must be 1000 feet or more from the closest lot line of the property containing existing major cannabis activity that includes the retail sale of cannabis products;

6.

Whether a major cannabis activity complies with the locational requirements prescribed by subsections 23.42.058.C.2, 23.42.058.C.3, 23.42.058.C.4, or 23.42.058.C.5 shall be based on facts that exist on the date of application to the Washington State Liquor and Cannabis Board issues a "Notice of Cannabis Application" to The City of Seattle.

(Ord. 127099, § 10, 2024; Ord. 126509, § 29, 2022 [zone name change]; Ord. 124969, § 3, 2016; Ord. 124326, § 1, 2013.)

Short-term rental uses are subject to the following provisions:

A.

Short-term rental uses are permitted in any structure established as a dwelling unit unless (1) the proposed use is in a dwelling unit established as a caretaker's quarters, or (2) the proposed use is over water or otherwise prohibited by the shoreline regulations contained in Chapter 23.60A.

B.

A short-term rental use may be located in a dwelling unit or an accessory dwelling unit.

C.

Business license

1.

All operators of short-term rental uses shall have a valid business license tax certificate issued by the Department of Finance and Administrative Services.

2.

All operators of short-term rental uses shall have a valid short-term rental operator's license issued by the Department of Finance and Administrative Services.

D.

Short-term rental uses may display signs identifying the use if the signs are permitted by Chapter 23.55.

E.

If a short-term rental operator provides breakfast, light snacks, or both to guests, the facility and operator must meet applicable health and safety regulations including but not limited to regulations of Public Health—Seattle & King County and the Washington State Department of Health.

F.

Notwithstanding Sections 23.42.100, 23.42.102, and 23.42.104, short-term rental uses, as defined in Section 23.84A.024, in existence prior to January 7, 2018 shall comply with the requirements of this Chapter 23.42 no later than January 7, 2019.

(Ord. 127099, § 11, 2024; Ord. 125483, § 2, 2017.)

A.

Parking for multifamily dwelling units

1.

Off-street parking accessory to rented or leased multifamily dwelling units shall not be included in any dwelling unit rental agreement and shall be subject to a rental agreement addendum or in a separate rental agreement.

2.

Moderate-income units are exempt from the requirement of subsection 23.42.070.A.1.

3.

Multifamily dwelling units with individual garages that are functionally a part of the dwelling unit, including but not limited to townhouses and rowhouses, shall be exempt from the requirement of subsection 23.42.070.A.1.

B.

Parking for commercial uses

1.

Unless commercial uses are listed as exempt in subsection 23.42.070.B.2, off-street parking accessory to rented or leased commercial use spaces in structures that contain 4,000 square feet or more of gross floor area shall not be included in any new rental or lease agreement and shall be subject to a separate rental or lease agreement. The measurement of gross floor area in a structure shall be as described in Section 23.86.007 and shall include gross floor area for non-exempt and exempt uses if uses are known, minus gross floor area in parking uses, for determining if the structure exceeds the minimum floor area for this requirement.

2.

Exempt uses include:

a.

Lodging uses;

b.

Sales and services, automotive;

c.

Sales and services, heavy; and

d.

Sales and services, marine.

(Ord. 126855, § 7, 2023; Ord. 125558, § 4, 2018.)

A.

The nonconformity provisions of this Chapter 23.42 apply to uses and sites in all zones, except for the Shoreline District (see Chapter 23.60A).

B.

It is the intent of these provisions to establish a framework for dealing with nonconformity that allows most nonconformities to continue. The Code facilitates the maintenance and enhancement of nonconforming uses and developments so they may exist as an asset to their neighborhoods. The redevelopment of nonconformities to be more conforming to current code standards is a long term goal.

(Ord. 124105, § 15, 2013; Ord. 120293, § 1, 2001.)

A.

Any use that does not conform to current zoning regulations, but conformed to applicable zoning regulations at any time and has not been discontinued as set forth in Section 23.42.104 is recognized as a nonconforming use or development. Any residential development in a residential, commercial or downtown zone that would not be permitted under current Land Use Code regulations, but which existed prior to July 24, 1957, and has not been discontinued as set forth by Section 23.42.104, is recognized as a nonconforming use or development. A recognized nonconforming use shall be established according to the provisions of subsections B through D of this section.

B.

Any use or development for which a permit was obtained is considered to be established.

C.

A use or development which did not obtain a permit may be established if the Director reviews and approves an application to establish the nonconforming use or development for the record.

D.

For a use or development to be established pursuant to subsection C above, the applicant must demonstrate that the use or development would have been permitted under the regulations in effect at the time the use began, or, for a residential use or development, that the use or development existed prior to July 24, 1957 and has remained in continuous existence since that date. Residential development shall be subject to inspection for compliance with minimum standards of the Housing and Building Maintenance Code. (Chapters 22.200 through 22.208). Minimum standards of the Housing and Building Maintenance Code must be met prior to approval of any permit to establish the use and/or development for the record.

E.

Nonconforming uses commenced after July 24, 1957 and not discontinued (Section 23.42.104) are also subject to approval through the process of establishing use for the record, if not established by permit. Residential nonconforming uses are subject to inspection under the Housing and Building Maintenance Code if in existence before January 1, 1976. Conformance to the Seattle Building Code in effect at the time a use first began is required if the use first existed after January 1, 1976.

(Ord. 120293, § 1, 2001.)

A.

Any nonconforming use may be continued, subject to the provisions of this section.

B.

A nonconforming use that has been discontinued for more than 12 consecutive months shall not be reestablished or recommenced. A use is considered discontinued when:

1.

A permit to permanently change the use of the lot or structure was issued and acted upon; or

2.

The structure or a portion of a structure is not being used for the use allowed by the most recent permit, except that interruption of a nonconforming use by a temporary use authorized pursuant to Section 23.42.040, if no structures are demolished, is not a discontinuation of the previous nonconforming use; or

3.

The structure is vacant, or the portion of the structure formerly occupied by the nonconforming use is vacant. The use of the structure is considered discontinued even if materials from the former use remain or are stored on the property. A multifamily structure with one or more vacant dwelling units is not considered vacant and the use is not considered to be discontinued unless all units in the structure are vacant.

4.

If a complete application for a permit that would allow the nonconforming use to continue, or that would authorize a change to another nonconforming use, has been submitted before the structure has been vacant for 12 consecutive months, the nonconforming use shall not be considered discontinued unless the permit lapses or the permit is denied. If the permit is denied, the nonconforming use may be reestablished during the six months following the denial.

C.

A nonconforming use that is disrupted by fire, act of nature, or other causes beyond the control of the owners may be resumed. Any structure occupied by the nonconforming use may be rebuilt in accordance with applicable codes and regulations to the same or smaller configuration existing immediately prior to the time the structure was damaged or destroyed.

1.

Where replacement of a structure or portion of a structure is necessary in order to resume the use, action toward that replacement must be commenced within twelve (12) months after the demolition or destruction of the structure. Action toward replacement shall include application for a building permit or other significant activity directed toward the replacement of the structure. If this action is not commenced within this time limit, the nonconforming use shall lapse.

2.

When the structure containing the nonconforming use is located in a PSM zone, the Pioneer Square Preservation Board shall review the exterior design of the structure before it is rebuilt to ensure reasonable compatibility with the design and character of other structures in the Pioneer Square Preservation District.

(Ord. 122816, § 3, 2008; Ord. 120293, § 1, 2001.)

A.

A structure occupied by a nonconforming residential use may be maintained, repaired, renovated, or structurally altered, but may not be expanded or extended, except:

1.

As otherwise required by law or as necessary to improve access for the elderly or disabled; or

2.

To construct or modify minor structural features on the principal structure including, but not limited to, exterior decks and balconies, bay windows, dormers, eaves and solar collectors added to a principal structure, or a new or expanded accessory structure may be constructed; provided that the addition or new accessory structure conforms to the development standards of the zone.

3.

To construct or expand an accessory structure, provided that the addition or new structure conforms to the development standards of the zone.

B.

In addition to the standards in subsection 23.42.106.A, a structure in a neighborhood residential zone occupied by a nonconforming residential use may be allowed to expand subject to the following:

1.

The number of dwelling units shall not be increased, except as may be allowed pursuant to Section 23.40.040.

2.

For a nonconforming residential use that is not a multifamily use, except as may be allowed pursuant to Section 23.40.040; if originally permitted by conditional use, the number shall not be allowed to increase above the number permitted by the conditional use approval.

3.

An expansion of no more than 500 square feet of gross floor area, meeting the development standards for single-family construction and not exceeding the average height of the closest principal structures on either side, is allowed.

4.

An expansion greater than 500 square feet of gross floor area and/or exceeding the average height of the closest principal structures on either side may be approved by the Seattle Department of Construction and Inspections through a special exception, Type II Master Use Permit, if the proposed expansion meets the development standards for single-family construction and is compatible with surrounding development in terms of:

a.

Architectural character;

b.

Existing streetscape and pattern of yards; and

c.

Scale and proportion of principal structures.

5.

If an addition proposed under subsection 23.42.106.B.3 or 23.42.106.B.4 would require additional parking under the requirements of Section 23.54.015 for multifamily structures, that additional parking must be provided.

C.

In multifamily zones, except in Lowrise 1 (LR1) zones, dwelling units may be added to a structure containing one or more nonconforming uses, even if in a structure nonconforming to development standards; provided that limitations on density shall apply. The structure may be expanded or extended, provided that the expansion or extension shall be for residential use, shall conform to the development standards of the zone, and shall not cause an already nonconforming structure to become more nonconforming to development standards.

D.

A nonconforming nonresidential use shall not be expanded or extended, except as follows:

1.

A structure occupied by a nonconforming nonresidential use may be maintained, repaired, renovated, or structurally altered but shall not be expanded or extended except as otherwise required by law, as necessary to improve access for the elderly or disabled or as specifically permitted elsewhere in this Code.

2.

In the Seattle Mixed zone, general manufacturing uses exceeding 25,000 square feet of gross floor area and heavy manufacturing uses may be expanded or extended by an amount of gross floor area not to exceed 20 percent of the existing gross floor area of the use, provided that this exception may be applied only once to any individual business establishment.

3.

The Seattle Asian Art Museum building and use located in Volunteer Park, as it exists on January 1, 2017, may be expanded subject to the following development standards:

a.

Except as provided in this subsection 23.42.106.D.3, the development standards of Chapter 23.44 do not apply.

b.

The building may be expanded one or more times but the gross floor area of all expansions combined and occurring after January 1, 2017, may not exceed 15,000 square feet.

c.

No expansion may be located in a freestanding building that lacks a common wall with the building either as it existed on January 1, 2017, or as subsequently expanded.

d.

No expansion may exceed the elevation of the highest point of the building as it existed on January 1, 2017.

e.

Parking and loading for the proposed expansion is required as provided in Sections 23.54.015 and 23.54.035. As a Type I decision, the Director may reduce parking and loading requirements to an amount not less than the amount needed to provide adequate parking and loading facilities, as demonstrated to the satisfaction of the Director by a parking and loading study prepared by a licensed professional engineer and submitted to the Director by the applicant.

f.

Bicycle parking for the proposed expansion shall be provided in accordance with subsection 23.54.015.K.

g.

The street and sidewalk requirements of Chapter 23.53 do not apply.

h.

Exterior lighting shall be shielded or directed away from adjacent residentially zoned lots.

i.

Nothing in this Section 23.42.106 alters the authority of the Landmarks Preservation Board pursuant to the City's Landmarks Preservation Ordinance.

E.

For purposes of this Section 23.42.106, live-work units shall be deemed a nonresidential use.

F.

Structures meeting applicable development standards for institutions in the applicable zone may be added to existing cemeteries, but existing cemeteries shall not be expanded in size. For purposes of this Section 23.42.106, a change in a cemetery boundary is not considered an expansion in size and is permitted provided that:

1.

The change does not result in a net increase in the land area occupied by the cemetery;

2.

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

3.

The use of the land being added as a cemetery will not result in the loss of housing.

(Ord. 126685, § 10, 2022; Ord. 126509, § 30, 2022 [zone name change]; Ord. 125518, § 1, 2018; Ord. 124919, § 133, 2015; Ord. 123649, § 9, 2011; Ord. 123495, § 14, 2011; Ord. 122311, § 24, 2006; Ord. 121782 § 8, 2005; Ord. 121477 § 2, 2004; Ord. 121276 § 7, 2003; Ord. 121196 § 1, 2003; Ord. 120609, § 4, 2001; Ord. 120293, § 1, 2001.)

A.

In any zone, a nonconforming use may be converted to any conforming use if all development standards are met.

B.

In neighborhood residential zones, a nonconforming use may be converted to single-family dwelling unit, even if all development standards are not met.

C.

In multifamily zones, a nonconforming nonresidential use may be converted to residential use even though all development standards are not met, if:

1.

Any applicable limits on density are met;

2.

Any nonconformity with respect to parking is not increased as a result of the conversion; and

3.

In LR1 zones the total number of dwelling units in an apartment is limited to three.

D.

In commercial zones, or in downtown zones for uses provided for interim street activation purposes, a nonconforming use may be converted to any conforming use even if all development standards are not met.

E.

In industrial zones, a nonconforming use may be converted to any conforming use even if all development standards are not met, provided that parking nonconformity shall not be increased as a result of the conversion.

(Ord. 127198, § 2, 2025; Ord. 126509, § 31, 2022 [zone name change]; Ord. 123495, § 15, 2011; Ord. 122311, § 25, 2006; Ord. 120293, § 1, 2001.)

A nonconforming use may be converted by an administrative conditional use authorization to another use not otherwise permitted in the zone subject to the following limitations and conditions.

A.

In neighborhood residential and residential small lot zones, a nonconforming multifamily residential use may not be converted to any nonresidential use not otherwise permitted in the zone.

B.

The proposed new use must be no more detrimental to properties in the zone and vicinity than the existing use. This determination shall be based on consideration of the following factors:

1.

The zones in which both the existing use and the proposed new use are allowed;

2.

The number of employees and clients associated or expected with the proposed use;

3.

The relative parking, traffic, light, glare, noise, odor and similar impacts of the two uses and how these impacts could be mitigated.

C.

The existence of a single residential unit, such as a caretaker's or proprietor's unit, accessory to a nonconforming commercial use shall not be treated as having established a residential use, and such a unit may be converted or changed provided that it is the only residential use in the structure and comprises less than half of the total floor area of the structure.

D.

Parking requirements for the proposed use shall be determined by the Director.

E.

If the new use is permitted, the Director may require mitigation measures, including but not limited to landscaping, sound barriers or fences, mounding or berming, adjustments to yards or parking standards, design modification, or limiting hours of operation.

(Ord. 126509, § 32, 2022 [zone name change]; Ord. 123495, § 16, 2011; Ord. 120293, § 1, 2001.)

A.

A structure nonconforming to development standards may be maintained, renovated, repaired or structurally altered but may not be expanded or extended in any manner that increases the extent of nonconformity or creates additional nonconformity, except:

1.

any portion of a principal structure in a neighborhood residential zone that is nonconforming to front and/or rear yard requirements may be increased in height by up to 5 feet, but not to exceed the height limit of the zone, and only to the extent necessary to achieve minimum ceiling height in an existing basement or another floor within the principal structure to conform to the City's regulations for habitable rooms or to accommodate a pitched roof on the principal structure. If the height of a principal structure is being raised to increase ceiling height in a basement or another floor, existing porches or steps may extend into a required yard to the extent necessary to meet Building Code standards, but in no case shall they be located closer than 3 feet to any lot line.

2.

mechanical equipment may be added or replaced, even if nonconformity is created by the addition or replacement, provided that the new mechanical equipment serves the same function as existing equipment;

3.

as otherwise required by law;

4.

as necessary to improve access for the elderly or disabled;

5.

as specifically permitted for nonconforming uses and nonconforming structures elsewhere in this Land Use Code; or

6.

Light poles nonconforming to height standards and located in parks may be moved or may be replaced by new light poles to the same height and configuration as the existing light poles.

B.

A structure nonconforming to development standards and occupied by or accessory to a residential use may be rebuilt or replaced but may not be expanded or extended in any manner that increases the extent of nonconformity unless specifically permitted by this code.

1.

A survey by a licensed Washington surveyor, or other documentation acceptable to the Director, documenting the extent of nonconformity and confirming that the plans to rebuild or replace a residential structure create no unpermitted increase in nonconformity shall be required prior to approval of any permit to rebuild or replace a nonconforming residential structure.

2.

Additions, including parking, to a rebuilt nonconforming residential structure that meet current development standards are allowed.

3.

Existing access or location of parking may be maintained for single-family structures in neighborhood residential and multifamily zones when the single-family structure is being rebuilt according to this subsection 23.42.112.B.

C.

Any structure nonconforming to development standards that is destroyed by fire, act of nature, or other causes beyond the control of the owner, may be rebuilt to the same or smaller configuration existing immediately prior to the time the structure was destroyed.

D.

Where replacement of a nonconforming structure or portion of a structure is permitted under this section, action toward that replacement must be commenced within twelve (12) months after the demolition or destruction of the structure, except for a nonconforming structure designated as a Landmark pursuant to Chapter 25.12. Action toward replacement of Landmark structures must be commenced within three (3) years after the demolition or destruction of the structure. Action toward replacement shall include application for a building permit or other significant activity directed toward the replacement of the structure. If this action is not commenced within this time limit, any replacement must conform to the existing development standards.

E.

When the structure is located in a PSM zone, the Pioneer Square Preservation Board shall review plans for the exterior design of the structure to ensure compatibility with the design and character of other structures in the Pioneer Square Preservation District.

(Ord. 126685, § 11, 2022; Ord. 126509, § 33, 2022 [zone name change]; Ord. 126157, § 12, 2020; Ord. 123649, § 10, 2011; Ord. 123046, § 10, 2009; Ord. 121762 § 1, 2005; Ord. 120293, § 1, 2001.)

The following provisions apply to multifamily structures nonconforming to development standards.

A.

A multifamily structure nonconforming to development standards in a Lowrise 1 (LR1) zone may be expanded or extended if the expansion or extension conforms to the development standards of the zone and does not cause an already nonconforming structure to become more nonconforming to development standards.

B.

Additional residential units may be added to a multifamily structure nonconforming to development standards if the addition conforms to the development standards of the zone and does not cause an already nonconforming structure to become more nonconforming to development standards.

(Ord. 123495, § 17, 2011; Ord. 120293, § 1, 2001.)

A.

Portions of structures that do not conform to the standards for minimum street facade height and/or facade setback limits for the downtown zone in which they are located may be expanded if the expansion reduces the nonconformity as regards one or both of these standards and, in the opinion of the Director, is consistent with the intent of the Code. If the Director determines that greater conformity is not structurally feasible, the expansion may increase the nonconformity in respect to these standards if all other standards are met.

B.

Portions of structures that do not conform to the standards for required street-level uses and/or the street facade requirements for transparency, blank facades, or screening of parking for the downtown zone in which they are located may be expanded if:

1.

The expansion does not cause the structure to exceed the base FAR for the zone and the nonconformity is not increased; or

2.

When the nonconformity of the structure as regards these development standards is reduced, expansion of the structure up to the maximum FAR for the zone may be permitted by the Director through the use of the bonus system or transfer of development rights. The appropriate level of expansion and the required reduction or elimination of nonconformity shall be determined by the Director according to the following criteria:

a.

The extent of the proposed expansion,

b.

The impact of the proposed expansion on the pedestrian environment,

c.

The amount of the existing nonconformity, and

d.

The structural feasibility of remodeling the structure to meet these development standards.

(Ord. 120293, § 1, 2001.)

A.

Except as provided in subsection 23.42.118.C, landmark structures may be expanded even if the expansion increases the extent of nonconformity, when the Landmarks Board determines that there is no feasible alternative that meets the development standards of the zone while preserving the integrity of the landmark structure.

B.

The Director may permit the proposed expansion if it is approved by the Landmarks Board and if:

1.

The expansion does not have a significant adverse effect on the light, air, solar, and visual access of properties within a 300-foot radius; and

2.

The expansion does not adversely affect the pedestrian environment in the vicinity.

C.

The Seattle Asian Art Museum building located in Volunteer Park may be expanded as provided in subsection 23.42.106.D.3.

(Ord. 125518, § 2, 2018; Ord. 120293, § 1, 2001.)

A structure located on a lot nonconforming as to access easement requirements may be replaced, provided that the number of dwelling units to which access is provided by the easement shall not be increased and the new structure shall conform to all other development standards of the zone.

(Ord. 120293, § 1, 2001.)

A.

Neighborhood residential and multifamily zones.

1.

In neighborhood residential zones, a principal structure nonconforming as to height may be expanded or extended to add eaves, dormers and/or clerestories to an existing pitched roof if the additions are constructed below the highest point of the roof. An existing pitched roof that is above the height limit may not be converted into a flat roof, nor shall the slope of the roof be reduced to less than a 4:12 pitch.

2.

In multifamily zones, a structure nonconforming as to height may be expanded or extended to add eaves, dormers and/or clerestories to an existing pitched roof if the additions are constructed below the highest point of the roof, pursuant to Section 23.45.514. An existing pitched roof that is above the height limit may not be converted into a flat roof, nor shall the slope of the roof be reduced to less than a 6:12 pitch.

B.

Structures originally constructed in manufacturing zones, under Seattle Municipal Code Title 24, that exceed the permitted height in zones with height limits of thirty (30) feet, forty (40) feet, or sixty-five (65) feet shall be limited to an FAR (floor area ratio) of two and one-half (2½). Structures that exceed the permitted height in zones allowing heights greater than sixty-five (65) feet shall be limited to the FAR permitted in the respective zones.

(Ord. 126509, § 34, 2022 [zone name change]; Ord. 123649, § 11, 2011; Ord. 123495, § 18, 2011; Ord. 120293, § 1, 2001.)

When nonconforming exterior lighting is replaced, new lighting shall conform to the requirements of the light and glare standards of the respective zone. See subsection 23.44.008.H for neighborhood residential zones; Section 23.45.534 for multifamily zones; Section 23.46.020 for residential-commercial zones; Section 23.47A.022 for C zones or NC zones; Section 23.48.075 for SM zones; Section 23.49.025 for downtown zones; and Section 23.50.046 for IB and IC zones.

(Ord. 126509, § 35, 2022 [zone name change]; Ord. 124883, § 8, 2015; Ord. 124378, § 12, 2013; Ord. No. 123209, § 5, 2009; Ord. 122311, § 26, 2006; Ord. 122054 § 7, 2006; Ord. 120293, § 1, 2001.)

A.

An outdoor storage area nonconforming as to screening and landscaping shall be required to be screened and landscaped at the time of any structural alteration or expansion of the outdoor storage area or the structure with which it is associated according to the provisions of:

1.

Subsection 23.47A.016.D.2, if located in a NC zone or C zone;

2.

Section 23.48.055, if located in the SM zone;

3.

Subsection 23.50.016.C, if located on an industrial street designated for landscaping; and/or

4.

Section 23.50.036, if located in an IB zone.

B.

A business establishment in an NC1, NC2, NC3, or SM zone with a nonconforming outdoor storage area may be extended, structurally altered, or expanded if the outdoor storage area is not expanded and if it is screened and landscaped according to the standards of subsection 23.47A.016.D.2, or Section 23.48.055 if the business is in the SM zone.

C.

A nonconforming use with a nonconforming outdoor storage area may be structurally altered, but not expanded, if the outdoor storage area is not expanded and if it is screened and landscaped according to the standards of subsection 23.47A.016.D.2, or Section 23.48.055 if the nonconforming use with the nonconforming outdoor storage area is in the SM zone.

(Ord. 126864, § 17, 2023; Ord. 124883, § 9, 2015; Ord. 122311, § 27, 2006; Ord. 121782, § 9, 2005; Ord. 120293, § 1, 2001.)

A.

Existing parking deficits of legally established uses shall be allowed to continue even if a change of use occurs. This provision shall not apply to a change of use to one defined as a heavy traffic generator.

B.

Nonconforming parking areas or nonconforming parking within structures may be restriped according to the standards of Section 23.54.030, Parking space standards.

C.

Parking areas that are nonconforming uses may be restriped according to the standards of Section 23.54.030, Parking space standards.

D.

In commercial zones, surface parking areas that are nonconforming due to lack of required landscaping and are proposed to be expanded by ten percent or more in number of parking spaces or in area are required to be screened and landscaped according to the standards of Section 23.47A.016, or in the SM zone, according to Section 23.48.055, to the extent feasible as determined by the Director.

E.

See subsection 23.71.008.C.6 for requirements in the Northgate Overlay District regarding elimination of nonconformities with respect to location, screening, and landscaping of existing parking areas along major pedestrian streets.

(Ord. 124883, § 10, 2015; Ord. 122311, § 28, 2006; Ord. 121782 § 10, 2005; Ord. 120293, § 1, 2001.)

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

A.

In neighborhood residential zones, pursuant to subsection 23.44.046.B;

B.

In multifamily zones, pursuant to subsection 23.45.545.E;

C.

In NC zones or C zones, pursuant to subsection 23.47A.012.E.

(Ord. 127099, § 12, 2024; Ord. 126509, § 36, 2022 [zone name change]; Ord. No. 123209, § 6, 2009; Ord. 122311, § 29, 2006; Ord. 120293, § 1, 2001.)

A.

The purpose of this Section 23.42.140 is to promote public health, safety, and welfare by prohibiting negative use restrictions that prohibit or restrict the use of real property as a grocery store or pharmacy. Except in particular circumstances, these restrictions interfere with public health, safety, and welfare, are contrary to clearly established public policy, and are an anti-competitive barrier to providing essential goods and services to the people of the City.

B.

For purposes of this Section 23.42.140:

"Drug

store" means a business establishment (or portion thereof) in multipurpose retail sales use that includes a pharmacy.

"Pharmacy" means a use in which prescription medications are securely stored and sold.

"Retail center" means a multi-tenanted or multi-owner retail development with at least one shared common area and that is subject to common management or common control through one or more restrictive covenants or easements.

C.

Except as set forth in subsection 23.42.140.D, a private agreement that imposes a negative use restriction upon real property so as to prohibit or restrict the use of such real property for a grocery store or pharmacy, when such use would otherwise be permitted under this Title 23, is against public policy, is prohibited, and shall be void and unenforceable. The prohibition applies regardless of whether the private agreement is incorporated in a contract, a deed restriction, a restrictive covenant, a lease or memorandum of lease, or any other recorded or unrecorded instrument. It shall be unlawful for any person to enter an agreement that is prohibited by this subsection 23.42.140.C or for any person who is the beneficiary of a negative use restriction imposed by such an agreement to allow such a restriction to remain or to refuse to release it. For purposes of this subsection 23.42.140.C,

1.

Restricting the use of real property for a grocery store or pharmacy includes limiting the size of a grocery store or pharmacy; and

2.

The prohibition in this subsection 23.42.140.C applies to negative use restrictions that prohibit or restrict the use of real property for a pharmacy alone and to negative use restrictions that prohibit or restrict the use of real property for a drug store.

D.

Subsection 23.42.140.C does not apply to:

1.

An agreement imposing a negative use restriction that became effective prior to the effective date of this ordinance;

2.

An agreement that imposes a negative use restriction to prohibit or restrict use of real property for a grocery store or pharmacy after an owner or operator of a grocery store or pharmacy discontinues operations of such a store on the property for the purpose of relocating the grocery store or pharmacy, if the parties provide documentation establishing that:

a.

When compared to the discontinued store, the relocated grocery store or pharmacy is similar in size or larger and similar in the scope of products sold;

b.

The relocated grocery store or pharmacy is located within one-half mile of the discontinued site;

c.

At the time of closure the owner or operator has a reasonably achievable written plan to ensure that commencement of operations of the relocated grocery store or pharmacy at the new site occurs within one year following the discontinued store's closure; and

d.

The negative use restriction imposed on the prior site does not have a term in excess of three years from the date of closure; and

3.

An agreement that imposes a negative use restriction to prohibit or restrict use of real property for a grocery store or pharmacy in order to limit competition or conflicting uses within the confines of a retail center by allowing only a limited number of grocery stores or pharmacies within said retail center; provided, however, that it shall be unlawful for any owner or operator who discontinues grocery store or pharmacy use at a site within a retail center for a period exceeding one year to seek to enforce a negative use restriction prohibiting or restricting grocery store or pharmacy uses within the retail center.

E.

Upon written request of an owner or operator and the requester's presentation of evidence establishing extenuating circumstances that demonstrate good cause for the extension, the Director may, by written determination, extend the distance limit in subsection 23.42.140.D.2.b to no more than one mile; the time requirement in subsection 23.42.140.D.2.c; the term limit in subsection 23.42.140.D.2.d; or the time period in subsection 23.42.140.D.3, as any of them would apply to the requester. Factors to be considered in evaluating good cause include:

a.

Maintaining or increasing food and medicine access in the surrounding area, including the area around the discontinued site;

b.

Needs related to financing and construction for the new location; and

c.

Promoting private investment in the surrounding area.

F.

Enforcement

1.

Any private agreement that imposes a negative use restriction upon real property in violation of subsection 23.42.140.C is null and void and of no lawful force and effect.

2.

The City is authorized to enforce this Section 23.42.140 using the procedures of Chapter 23.90.

3.

Notwithstanding any contrary provision in this Title 23, and regardless of whether the City uses the procedures of Chapter 23.90, the City may enforce this Section 23.42.140 through a cause of action in a court of competent jurisdiction including declaratory relief, injunctive relief, or other legal or equitable remedy as appropriate to carry out the purpose and intent of this Section 23.42.140.

(Ord. 127329, § 2, 2025.)