Chapter 20.20
GENERAL DEVELOPMENT REQUIREMENTS

Sections:

General Requirements

20.20.005    Chart of dimensional requirements described     

20.20.010    Uses in land use districts dimensional requirements     

20.20.012    Minimum lot area     

20.20.015    Minimum lot size – Shape     

20.20.017    Minimum lot size – Averaging in short plats and subdivisions     

20.20.018    Variation in minimum requirements – Area, width and depth     

20.20.022    Setbacks – Exception for sidewalk and street improvements     

20.20.025    Intrusions into required setbacks     

20.20.030    Designation and measurement of required setbacks     

20.20.060    Legally created lots – Development permitted – Proof     

20.20.070    Lots nonconforming as to area, street frontage, width or depth – Status     

Word Index

20.20.120    Accessory dwelling units     

20.20.125    Accessory structures in residential districts – Detached     

20.20.127    Adult entertainment uses     

20.20.128    Affordable housing     

20.20.130    Animal keeping and services     

20.20.135    Automobile sales, leasing and rental – LI District     

20.20.140    Boarding houses and bed and breakfasts     

20.20.160    Carnivals and fairs     

20.20.170    Child care service use     

20.20.190    Churches, clubs and similar use structures     

20.20.192    Commercial vehicles in residential land use districts     

20.20.195    Communication, broadcast and relay facilities     

20.20.200    Commuter parking facility     

20.20.250    Cottage, guest     

20.20.255    Electrical utility facilities     

20.20.350    Essential public facility (EPF)     

20.20.400    Fences     

20.20.425    Hard surface    

20.20.450    Helicopters     

20.20.460    Impervious surface     

20.20.470    Inoperable motor vehicles     

20.20.520    Landscape development     

20.20.522    Light and glare     

20.20.525    Mechanical equipment     

20.20.527    Manufactured homes     

20.20.535    Marijuana uses     

20.20.540    Multifamily play areas      108c

20.20.560    Nonconforming structures, uses and sites      108c

20.20.590    Parking, circulation and walkway requirements     

20.20.620    Produce stands     

20.20.650    Public utilities – Design and performance standards     

20.20.680    Public transportation shelters     

20.20.700    Rooming houses     

20.20.720    Recreational vehicles, watercraft, and utility trailers     

20.20.725    Recycling and solid waste collection areas     

20.20.730    Large satellite dish antennas     

20.20.740    Schools     

20.20.750    Secure Community Transition Facility     

20.20.760    Shelters and storage facilities – Temporary    

20.20.800    Short term stay uses – Limitations and general requirements     

20.20.820    Solid waste disposal     

20.20.840    Subordinate uses     

20.20.850    Temporary public safety facilities     

20.20.890    Trailers, boats and large vehicles – Use as dwelling units     

20.20.900    Tree retention and replacement     

General Requirements

20.20.005 Chart of dimensional requirements described.

Chart 20.20.010 sets forth the dimensional requirements for each land use district except: the Downtown Land Use Districts, the Evergreen Highlands Design District, the Evergreen Highlands Subarea Transportation Improvement Overlay District, the Medical Institution District, the OLB-OS Land Use District, and the Bel-Red Land Use Districts. All structures and activities in the City not located in the above districts shall conform to the dimensional requirements in Chart 20.20.010. Dimensional requirements for the Downtown Land Use Districts are found in LUC 20.25A.020. Dimensional requirements for the Evergreen Highlands Design District are found in Part 20.25F LUC. Dimensional requirements for the Evergreen Highlands Subarea Transportation Improvement Overlay District are found in Part 20.25G LUC. Dimensional requirements for the Medical Institution District are found in Part 20.25J LUC. Dimensional requirements for the OLB-OS Land Use District are found in LUC 20.25L.030. Dimensional requirements for the Bel-Red Land Use Districts are found in LUC 20.25D.080. Dimensional requirements for the Eastgate Transit Oriented Development Land Use District are found in LUC 20.25P.060.A. Additional special dimensional requirements for designated areas of the City are contained in other parts of the Code as follows:

A.    Part 20.25B LUC – Transition Areas;

B.    Part 20.25C LUC – OLB Districts;

C.    Part 20.25E LUC – Shoreline Overlay District;

D.    Part 20.25H LUC – Critical Areas Overlay District;

E.    Part 20.45A LUC – Platting and Subdivisions;

F.    Part 20.45B LUC – Short Plats and Short Subdivisions. (Ord. 6366, 8-7-17, § 6; Ord. 5876, 5-18-09, § 5; Ord. 5717, 2-20-07, § 3; Ord. 5683, 6-26-06, § 1; Ord. 5587, 3-7-05, § 4; Ord. 5480, 10-20-03, § 3; Ord. 5403, 8-5-02, § 4; Ord. 4979, 3-17-97, § 2; Ord. 4973, 3-3-97, § 302; Ord. 4816, 12-4-95, § 402; Ord. 3775, 5-26-87, § 4; Ord. 3219, 1-17-83, § 4)

20.20.010 Uses in land use districts dimensional requirements.

Chart 20.20.010

Uses in land use districts    Dimensional Requirements

 

 

STD

LAND

USE

CODE

REF

 

Residential

LAND USE CLASSIFICATION

R-1

R-1.8

R-2.5

R-3.5

R-4

R-5

R-7.5*

R-10

R-15

R-20

R-30

 

    DIMENSIONS

(43)

(43)

(43)

(43)

(43)

(43)

(43)

 

 

 

 

 

Minimum Setbacks of Structures (feet)

    Front Yard (18) (20) (38) (39)

35

30

20

20

20

20

20

20

20

20

20

 

    Rear Yard (11) (17) (18) (20) (38) (39)

25

25

25

25

20

20

20

25

25

25

25

 

    Side Yard (11) (17) (18) (20) (38) (39)

5

5

5

5

5

5

5

5

5

5

5(1)

 

    2 Side Yards (17) (18) (20) (38) (39)

20

15

15

15

15

15

10

15

15

15

15

 

    Minimum Lot Area

    Acres (A) or Thousands of Sq. Ft. (3) (39)

35

20

13.5

10

8.5

7.2

4.7

8.5

8.5

8.5(12)

8.5(12)

 

    Dwelling Units per Acre (15) (21) (22)

1

1.8

2.5

3.5

4

5

7.5

10

15

20

30

 

    Minimum Dimensions (feet)

    Width of Street Frontage

30

30

30

30

30

30

30

30

30

30

30

 

    Width Required in Lot (4)

100

90

80

70

65

60

50

70

70

70

70

 

    Depth Required in Lot (4)

150

80

80

80

80

80

80

80

80

80

80

 

    Maximum in Building Height (feet) (10) (19) (26) (45)

30/35 (44)

30/35 (44)

30/35 (44)

30/35 (44)

30/35 (44)

30/35 (44)

30/35 (44)

30

30

30

(5)

40

 

    Maximum Lot Coverage by Structures (percent) (13) (14) (16) (26) (27) (37) (39)

35

35

35

35

35

40

40

35

35

35

35

 

Maximum Hard Surface Coverage (percent) (37) (39) (47)

75 (36)

75 (36)

75 (36)

75 (36)

75 (36)

80 (36)

80 (36)

90

90

90

90

 

Maximum Impervious Surface (percent) (35) (37) (39)

45 (36)

45 (36)

45 (36)

45 (36)

45 (36)

55 (36)

55 (36)

65

65

65

65

 

Alternative Maximum Impervious Surface (percent) (35) (37) (39) (48)

50 (36)

50 (36)

50 (36)

50 (36)

50 (36)

55 (36)

55 (36)

80

80

80

80

 

Minimum Greenscape Percentage of Front Yard Setback (40)

50 (40)

50 (40)

50 (40)

50 (40)

50 (40)

50 (40)

50 (40)

 

 

 

 

*Not effective within the jurisdiction of the East Bellevue Community Council.

 

NOTE:    Dimensional Requirements for Downtown are found in Part 20.25A LUC.

    Dimensional Requirements for Evergreen Highlands Design District (EH-A, EH-B, EH-C, EH-D) are found in Part 20.25F LUC.

    Dimensional Requirements for Office and Limited Business – Open Space (OLB-OS) are found in Part 20.25L LUC.

    Dimensional Requirements for Medical Institution District (MI) are found in Part 20.25J LUC.

    Dimensional Requirements for Bel-Red Land Use Districts are found in Part 20.25D LUC.

Uses in land use districts    Dimensional Requirements

STD

LAND

USE

CODE

REF

 

Professional Office

Office

Office/Limited Business

Office/Limited Business 2

Light Industry

General Commercial

Neighborhood Business

Neighborhood Mixed Use

Community Business

Factoria Land Use District 1

Factoria Land Use District 2

Factoria Land Use District 3

LAND USE CLASSIFICATION

PO

O

OLB

OLB 2

LI

GC

NB

NMU

CB

F1

F2

F3

 

DIMENSIONS

(21)

(21)

(21)

(21)

(21)

(21)

(21)

(21)

(21)

(28)

(21, 31)

(21, 32)

 

Minimum Setbacks of Structures (feet) Front Yard (18) (20)

30

30

50

0

15

15

 

0

 

 

50

20

 

Rear Yard (17) (18) (20)

25

25

50

0

(2)

(2)

(2)

0

(2)

 

30

5

 

Side Yard (17) (18) (20)

20

20

30

0

(2)

(2)

(2)

0

(2)

 

30

5

 

2 Side Yards (17) (18) (20)

40

40

60

0

(2)

(2)

(2)

 

(2)

 

60

10

 

Floor Area Ratio

(8)

(8, 50)

(8)

1

(8)

(8)

(8)

1 (49)

(8)

 

75

 

 

Minimum Lot Area Acres (A) or Thousands of Sq. Ft. (3)

 

 

2A

 

 

 

 

 

 

 

2A

2A

 

Dwelling Units per Acre (15) (22)

10 (23)

20 (23)

30 (23)

 

 

 

15 (23)

 

30 (23)

 

30 (23)

30 (23)

 

Minimum Dimensions (feet) Width of Street Frontage

 

 

200

 

 

 

 

 

 

 

200

200

 

Width Required in Lot (4)

 

 

200

 

 

 

 

 

 

 

200

200

 

Depth Required in Lot (4)

 

 

 

 

 

 

 

 

 

 

 

 

 

Maximum in Building Height (feet) (10) (19)

20

30

45

(6)

75

45

(9)

30

20 (25)

75

45

(46)

 

75

75/135 (33, 34)

 

Maximum Lot Coverage by Structures (percent) (13) (14) (16)

35 (24)

35 (24)

35 (24)

35

50

 

35 (24)

35 (24)

 

 

35 (24)

40

(24)

 

Maximum Hard Surface Coverage (percent) (37) (47)

85

85

85

85

90

85

80

85

85

 

85

85

 

Maximum Impervious Surface (percent) (35) (37)

60

60

60

60

65

65

60

60

65

 

60

60

 

Alternative Maximum Impervious Surface (percent) (35) (37) (39) (48)

80

80

80

80

85

85

80

80

85

 

80

80

*Not effective within the jurisdiction of the East Bellevue Community Council.

NOTE:    Dimensional Requirements for Downtown are found in Part 20.25A LUC.

    Dimensional Requirements for Evergreen Highlands Design District (EH-A, EH-B, EH-C, EH-D) are found in Part 20.25F LUC.

    Dimensional Requirements for Office and Limited Business – Open Space (OLB-OS) are found in Part 20.25L LUC.

    Dimensional Requirements for Medical Institution District (MI) are found in Part 20.25J LUC.

    Dimensional Requirements for Bel-Red Land Use Districts are found in Part 20.25D LUC.

    Dimensional Requirements for Eastgate Transit Oriented Development District are found in Part 20.25F LUC.

(Ord. 6366, 8-7-17, § 7; Ord. 6323, 11-21-16, §§ 1, 2; Ord. 6169, 7-14-14, § 2; Ord. 5896, 8-3-09, § 1; Ord. 5876, 5-18-09, § 6; Ord. 5791, 12-3-07, § 11; Ord. 5726, 3-19-07, § 2; Ord. 5683, 6-26-06, § 2; Ord. 5672, 5-15-06, § 1; Ord. 5571, 12-6-04, § 1; Ord. 5480, 10-20-03, § 4; Ord. 5475, 10-20-03, § 5; Ord. 5430, 1-21-03, § 3; Ord. 5385, 7-15-02, § 6; Ord. 5232, 7-17-00, § 2; Ord. 5089, 8-3-98, § 4; Ord. 4979, 3-17-97, § 3; Ord. 4977, 3-17-97, § 1; Ord. 4973, 3-3-97, § 303; Ord. 4816, 12-4-95, § 402; Ord. 4422, 9-28-92, § 2; Ord. 4270, 7-8-91, § 6; Ord. 4065, 10-23-89, § 3; Ord. 3780, 5-26-87, § 1; Ord. 3775, 5-26-87, § 6; Ord. 3747, 1-20-86, § 2; Ord. 3690, 8-4-86, § 2)

Notes: Uses in land use districts – Dimensional requirements

(1)    Side yard setback in R-30 Districts increases to 20 feet on any side yard where structure exceeds 30 feet above finished grade.

(2)    All rear and side yards shall contain landscaping as required by LUC 20.20.520.

(3)    See LUC 20.20.012.

(4)    See LUC 20.20.015.

(5)    Except in transition areas, the maximum allowable building height in R-20 Districts may be increased to 40 feet if ground floor or underground parking for that building is provided and occupies a minimum of 75 percent of the building footprint.

(6)    The maximum allowable building height is 75 feet on any property designated OLB which lies within 475 feet of the right-of-way of I-405, between I-90 and SR-520.

(7)    Intentionally deleted.

(8)    Any office building or any office portion of a building in the PO, O, OLB, LI, GC, NB, CB or F1 Districts shall comply with the following limitations on Floor Area Ratio:

(a)    At 0.5 FAR, no office building or office portion of a building may exceed 50,000 square feet of gross floor area; and

(b)    For any office building or office portion of a building greater than 50,000 square feet in gross floor area, the following sliding scale shall be observed as interpolated and extrapolated below:

(i)    At 0.3 FAR, no office building or office portion of a building may exceed 100,000 square feet of gross floor area; and

(ii)    At 0.1 FAR, no office building or office portion of a building may exceed 150,000 square feet of gross floor area.

(c)    In an O District, north of Factoria Mall and directly adjacent to an F2 District, any office building or any office portion of a building may have a Floor Area Ratio greater than 0.50, not to exceed a Floor Area Ratio of 0.75 FAR. In this district, the sliding FAR scale does not apply.

This footnote 8 shall not apply to sites in the Critical Areas Overlay District. Density/intensity on sites in the Critical Areas Overlay District is calculated pursuant to LUC 20.25H.045.

*(9)    The maximum building height may be exceeded upon approval of the Director of the Development Services Department. Requests for such approval shall be processed in accordance with the administrative conditional use procedure of Part 20.30E LUC. Before granting any such approval, the Director of the Development Services Department must find that:

(a)    The height increase is only to accommodate equipment, structures or buildings that contain special equipment primarily related to light manufacturing, wholesale, trade and distribution use, and is not for office or bulk retail use; and

(b)    There is functional need for a height increase; and

(c)    The overall site development will minimize adverse impacts caused by the height increase.

Notwithstanding the provisions of this note, no height increase is permitted within a transition area as defined in Part 20.25B LUC.

*Not effective within the jurisdiction of the East Bellevue Community Council. The maximum building height in LI Districts shall remain 30 feet.

*(10)    Except in transition areas, the allowable building height of any building located in PO, O, OLB, GC, NB, or CB Districts may be increased by 1 story, but not to exceed 15 feet, if basement parking for that building occupies a minimum of 75 percent of the building footprint.

*Not effective within the jurisdiction of the East Bellevue Community Council. The maximum building height in the LI Districts shall remain 30 feet.

(11)    The LUC contains enhanced setback requirements for churches, clubs, and institutions (refer to LUC 20.20.190) and schools (refer to LUC 20.20.740) located in residential land use districts.

(12)    For each square foot of lot area devoted to open space in excess of 30 percent of the total lot area, 1 square foot is added to the lot area for the purpose of calculating density.

(13)    Lot coverage is calculated after subtracting all critical areas and stream critical area buffers; provided, that coal mine hazards (LUC 20.25H.130) and habitat associated with species of local importance (LUC 20.25H.150) shall not be subtracted.

(14)    Maximum lot coverage by structures is determined after public right-of-way and private roads are subtracted from the gross land area.

(15)    Except for sites in the Critical Areas Overlay District, if there is a conflict between the minimum lot area and the permitted number of dwelling units per acre, the minimum lot area controls. Density/intensity on sites in the Critical Areas Overlay District is calculated pursuant to LUC 20.25H.045.

(16)    Exceptions to Lot Coverage. Although not considered structures for purposes of calculating lot coverage, the following may be considered impervious surfaces subject to the impervious surface limits. See LUC 20.20.460 and 20.50.026.

(a)    Underground buildings as defined in LUC 20.50.050 are not structures for the purpose of calculating lot coverage.

(b)    Buildings constructed partially below grade and not higher than 30 inches above existing or finished grade, whichever is lower, are not structures for the purpose of calculating lot coverage subject to the following conditions:

(i)    The 30-inch height limit must be met at all points along the building excluding those areas necessary to provide reasonable ingress and egress to the underground portions of the building; and

(ii)    The rooftop of the building shall be screened from abutting properties with 10 feet of Type II landscaping as described in LUC 20.20.520.G.2 except that the required trees shall be a minimum of 10 feet in height at planting; or, if a use is proposed for the rooftop, the rooftop may be landscaped consistent with the planting requirements for the specific use that is proposed and for the land use district in which the use is located. All landscaping shall comply with standards set forth in LUC 20.20.520. The provisions of LUC 20.20.520.J (Alternative Landscaping Option) are applicable.

(17)    If the setback abuts a street right-of-way, access easement or private road, the minimum dimension is 10 feet unless a greater dimension is specified.

(18)    See LUC 20.20.030 for designation and measurement of setbacks.

*(19)    Notwithstanding any other provision of this Code, except Part 20.25B LUC or LUC 20.20.900 through 20.20.910, as applicable, the allowable building height of an office building may be increased by 1 story, not to exceed 15 feet, if a minimum of 75 percent of the ground floor of the building is devoted to parking for that building.

*Effective only within East Bellevue Community Council jurisdiction.

(20)    See LUC 20.25H.035 for additional critical area setbacks.

(21)    See LUC 20.25H.045 for calculation of density/intensity on sites in the Critical Areas Overlay District.

(22)    Density for senior citizen dwelling, congregate care senior housing, and assisted living is calculated as follows: Units less than 600 square feet count as 1/2 unit and units 600 square feet or greater count as 1 unit.

(23)    This residential density may be in addition to FAR only for senior citizen dwellings, assisted living and congregate care senior housing.

(24)    Lot coverage may be increased to 50 percent if congregate care senior housing, senior citizen dwellings, assisted living or nursing homes are constructed on site; provided, however, that coverage for the nonresidential portions of the development cannot exceed the maximum limits indicated. Lot coverage within NB and NMU Districts may be increased to 50 percent for mixed use development which includes residential uses comprising at least 1/2 the square footage of the building footprint. Underground parking in excess of 50 percent of the site area shall not be included in lot coverage calculations.

(25)    The maximum building height for structures is increased to 30 feet only if residential uses or administrative office uses are provided on the second floor, and provided the structure does not exceed 2 stories. For purposes of this note, a story is defined pursuant to the International Building Code, Section 202, as adopted and amended by the City of Bellevue.

(26)    See LUC 20.20.125 for specific requirements applicable to detached accessory structures.

(27)    Lot coverage for schools located in residential land use districts is limited to 35 percent of the site area (refer to LUC 20.20.740).

(28)    Dimensional requirements for the F1 Land Use District are listed in LUC 20.25F1.040.

(29)    (Repealed by Ord. 5726).

(30)    (Repealed by Ord. 5726).

(31)    Any office building or any office portion of a building in the F2 District may not exceed a Floor Area Ratio of 0.75 FAR.

(32)    The maximum FAR for the combined properties in the F3 Land Use District, regardless of use, shall be 1.26 FAR; provided, that individual parcels or portions of property lying within the F3 Land Use District may have FAR for those individual parcels or portions which exceed an FAR of 1.26; provided, that the FAR calculated for the entire aggregated property within the F3 Land Use District shall not exceed 1.26. The maximum FAR permitted herein is based on a maximum total development, including existing and new development of 950,000 square feet, calculated in the same manner as provided for in the calculation of FAR. In the event of an inconsistency between the FAR maximum of 1.26 and the maximum total development amount of 950,000 square feet, the latter shall control.

(33)    In no event shall building height exceed 324 feet above sea level, based on North American Vertical Datum, 1988 (NAVD – 88).

(34)    Maximum building height south of the F3 Land Use District Separation Line shall be 135 feet, with structural elements not intended for habitation above 135 feet, so long as structural elements do not exceed 275 feet above sea level based on NAVD – 88.

(35)    See LUC 20.20.460 for exceptions and performance standards relating to impervious surface.

(36)    Impervious surface limits for legally established nonconforming nonresidential uses and for new allowed nonresidential uses in these residential land use districts shall be 80 percent.

(37)    Maximum hard surface, maximum impervious surface and maximum lot coverage by structures are independent limitations on allowed development. All areas of lot coverage by structures are included in the calculation of total maximum impervious surface, unless such structures are excepted under LUC 20.20.460. All areas of impervious surface coverage shall be included in the calculation of total maximum hard surface.

(38)    Certain noncritical area setbacks on sites in the Critical Areas Overlay District may be modified pursuant to LUC 20.25H.040.

(39)    These dimensional standards may be modified through an approved conservation subdivision, LUC 20.45A.060, or conservation short subdivision, LUC 20.45B.055.

(40)    The greenscape requirements of this section shall be imposed any time a permit, approval, or review, including land alteration or land development for Single-Family Land Use Districts, is required by the Bellevue City Code or Land Use Code. Existing single-family front yard setbacks legally established on a site prior to January 1, 2008, which do not meet the minimum greenscape requirements set forth in Chart 20.20.010 shall not be considered nonconforming. The City shall not, however, approve proposals to decrease the greenscape percentage set forth in Chart 20.20.010 where a site already falls below the minimum greenscape requirements. Where an existing site falls below the minimum requirements set forth in Chart 20.20.010, the removal of greenscape shall not be approved unless an equal amount of existing impervious surface, pervious surface, or hardscape is removed, such that the net amount of greenscape is unchanged. The Director may modify the requirements of Chart 20.20.010 for nonconforming lots, corner lots, or lots with unique sizes and shapes. See LUC 20.50.022 for the definition of greenscape.

(41)    See LUC 20.20.900.F for significant tree retention requirements relating to Single-Family Districts excluding, however, the R-1 Land Use District in the Bridle Trails Subarea which is otherwise governed by LUC 20.20.900.E.

(42)     Dimensional requirements for the Bel-Red Land Use Districts are found at LUC 20.25D.080.

(43)    Floor Area Ratio (FAR) Threshold. Development which exceeds a gross Floor Area Ratio (FAR) threshold of 0.5 shall comply with the following requirements:

(a)    Applicability. FAR threshold requirements are applicable to new single-family homes and additions to existing homes that result in a 20 percent or greater increase in gross square feet.

(b)    Maintain a minimum structure setback of 7.5 feet for each side yard; and incorporate either daylight plane standards or a second story stepback of not less than five feet on each side of the building facing a side yard property line.

(c)    Exemptions. New single-family homes constructed as part of a subdivision pursuant to Part 20.45A LUC or planned unit development pursuant to Part 20.30D LUC are not subject to FAR threshold requirements. The Director may modify the FAR threshold requirements on either side of the structure where it can be demonstrated that the adjacent structure has been constructed at an FAR that exceeds the 0.5 threshold and the adjacent structure is built to dimensions which exceed the requirements noted in subsection (b) of this note.

(44)    Maximum building height for single-family uses in Single-Family Residential Land Use Districts is 30 feet measured from the average elevation of the existing grade around the building to the highest point of a flat roof, or 35 feet to the ridge of a pitched roof. Refer to LUC 20.50.012 for definition of “Building Height – Single-Family Uses in Single-Family Land Use Districts.”

(45)    For new single-family residential homes and additions in Single-Family Land Use Districts, the maximum height of any individual building façade is 40 feet measured from the existing grade at the building wall to the ridge of a pitched roof or top of a flat roof. New single-family homes constructed as part of a subdivision pursuant to Part 20.45A LUC or planned unit development pursuant to Part 20.30D LUC are exempt from this requirement.

(46)    Maximum building height in CB Districts of the Wilburton Subarea that are located between 116th Ave NE and the BNSF Corridor is 75 feet.

(47)    See LUC 20.20.425 for exceptions and performance standards related to hard surfaces.

(48)    Maximum impervious surface limit only for sites where the use of permeable surfacing techniques is determined to be infeasible according to the criteria in the 2014 Department of Ecology Stormwater Management Manual for Western Washington, now or as hereafter amended.

(49)    Up to one FAR of floor area dedicated to on-site affordable housing shall not be counted for the purposes of calculating the FAR of a project; provided, that:

(a)    The ratio of affordable housing is 2.5 market rate units to 1.0 affordable housing units at 80 percent AMI;

(b)    The general development requirements contained in LUC 20.20.128 do not apply;

(c)    The bedroom mix and exterior finishes shall be comparable to the market rate units, but interior design, unit size, amenities and interior finishes may vary; and

(d)    An agreement in a form approved by the City will be executed by the applicant and recorded with the King County Record’s Office, or its successor organization, requiring the affordable housing to remain for the life of the project. This agreement shall be a covenant running with the land, binding on assigns, heirs, and successors of the applicant.

(50)    Office-designated properties in the Eastgate Subarea annexed into the City with the Eastgate annexation (May 2012) shall not be considered nonconforming with respect to FAR if the development thereon was legally established prior to the date of annexation. (Ord. 6366, 8-7-17, § 7; Ord. 6323, 11-21-16, § 3; Ord. 6197, 11-17-14, § 6; Ord. 6169, 7-14-14, § 3; Ord. 5896, 8-3-09, § 1; Ord. 5876, 5-18-09, § 7; Ord. 5867, 4-6-09, §§ 1, 2; Ord. 5791, 12-3-07, § 12; Ord. 5726, 3-19-07, § 2; Ord. 5683, 6-26-06, § 2; Ord. 5672, 5-15-06, § 1; Ord. 5571, 12-6-04, § 1; Ord. 5480, 10-20-03, § 4; Ord. 5475, 10-20-03, § 5; Ord. 5430, 1-21-03, § 3; Ord. 5385, 7-15-02, § 6; Ord. 5232, 7-17-00, § 2; Ord. 5089, 8-3-98, § 4; Ord. 4979, 3-17-97, § 3; Ord. 4977, 3-17-97, § 1; Ord. 4973, 3-3-97, § 303; Ord. 4816, 12-4-95, § 403; Ord. 4654, 6-6-94, § 18; Ord. 4065, 10-23-89, § 3; Ord. 3936, 7-18-88, § 2; Ord. 3780, 5-26-87, § 1; Ord. 3775, 5-26-87, § 6; Ord. 3747, 1-20-87, § 2; Ord. 3690, 8-4-86, § 2; Ord. 3530, 8-12-85, § 11; Ord. 3498, 5-28-85, § 2)

20.20.012 Minimum lot area.

A.    All of the following are deleted from the gross square footage of a lot for the purpose of determining minimum lot area pursuant to LUC 20.20.010:

1.    Public right-of-way; and

2.    Private roads in separate tracts; and

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

B.    The area of an easement, including an access easement, is not subtracted from the gross square footage of a lot. (Ord. 4654, 6-6-94, § 19; Ord. 3775, 5-26-87, § 7)

20.20.015 Minimum lot size – Shape.

Every lot shall be of a shape such that two lines, one equal to the required width and one equal to the required depth for the land use district, may be placed at right angles to each other entirely within the lot boundaries. (Ord. 6197, 11-17-14, § 7)

20.20.017 Minimum lot size – Averaging in short plats and subdivisions.

In approved short plats and subdivisions, the individual lots shall be considered in compliance with minimum area requirements if the average of the areas of all the lots in the short plat or plat meets the minimum requirement for the district in which the short plat or plat is located, provided: (1) that no individual lot therein shall be reduced more than 10 percent from the district minimum required area, except that lots in zones R-1, R-1.8, R-2.5, and R-3.5 may be reduced by up to 15 percent from the district minimum; (2) a reduction of five percent in the required lot width may be applied to 20 percent of the lots, provided no reduction in the required area is applied to these lots. The lot averaging described in this section shall not be allowed for conservation subdivisions or conservation short subdivisions where the required minimum lot size for such subdivision is reduced as allowed under LUC 20.45A.060 or 20.45B.055, as applicable. (Ord. 5683, 6-26-06, § 3; Ord. 5089, 8-3-98, § 5; Ord. 4654, 6-6-94, § 20; Ord. 3921, 6-20-88, § 1)

20.20.018 Variation in minimum requirements – Area, width and depth.

Except as set forth in LUC 20.20.017 above, in no case may the Director or any other hearing body vary the minimum requirements for minimum lot area, width of street frontage, width required in lot or depth required in lot, as stated in Chart 20.20.010, by more than 10 percent; except that this section shall not apply to planned unit developments, Part 20.30D LUC, conservation subdivisions, LUC 20.45A.060, or conservation short subdivisions, LUC 20.45B.055. See Part 20.30G LUC relating to variances from the Land Use Code and Part 20.30H LUC relating to variances from the Shoreline Master Program. (Ord. 5683, 6-26-06, § 4; Ord. 5480, 10-20-03, § 5; Ord. 4973, 3-3-97, § 801; Ord. 4816, 12-4-95, § 901; Ord. 3530, 8-12-85, § 12)

20.20.022 Setbacks – Exception for sidewalk and street improvements.

Improvements such as but not limited to rockeries and retaining walls which are required by the City as part of street frontage improvements and which are located on a public easement may be constructed in the setback if no feasible alternative exists. (Ord. 3775, 5-26-87, § 10)

20.20.025 Intrusions into required setbacks.

A.    Signs, Marquees and Awnings.

See Sign Code, Chapter 22B.10 BCC.

B.    Garages/Carports on Slopes.

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

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

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

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

C.    Minor Building Elements.

Subject to LUC 20.20.025.C.3, minor building elements including patios, platforms, eaves, trellises, open beams, fireplace chimneys, decks, porches, balconies, lanais, bay windows, greenhouse windows and similar elements of a minor character may intrude into a required setback as follows:

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

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

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

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

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

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

D.    Rockeries and Retaining Walls.

On a lot of less than 30,000 gross square feet or on any single-family lot, rockeries and retaining walls 30 inches or greater in height may extend into setbacks established by LUC 20.20.010; provided, that the existing grade change is such that no feasible alternative to location or height exists. In any event, the critical area buffer and structure setbacks of LUC 20.25H.035 apply.

E.    Underground Buildings and Buildings Constructed Partially Below Grade.

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

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

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

a.    The 30-inch height limit must be met at all points along the building except those areas necessary to provide reasonable ingress and egress to the underground portions of the building; and

b.    The rooftop of the building shall be screened from abutting properties with 10 feet of Type II landscaping as described in LUC 20.20.520.G.2 except that the required trees shall be a minimum of 10 feet in height at planting or, if a use is proposed for the rooftop, the rooftop may be landscaped consistent with the planting requirements for the specific use that is proposed and for the land use district in which the use is located. All landscaping shall comply with standards set forth in LUC 20.20.520. The provisions of LUC 20.20.520.J (Alternative Landscaping Option) are applicable.

F.    Stormwater BMPs.

Where feasible, stormwater BMPs, as required by the 2014 Department of Ecology Stormwater Management Manual for Western Washington, now or as hereafter amended, may be located within setbacks required in LUC 20.20.010, provided they conform to the setback requirements in the City of Bellevue Storm and Surface Water Engineering Standards, now or hereafter amended. (Ord. 6323, 11-21-16, § 4; Ord. 5683, 6-26-06, § 6; Ord. 5232, 7-17-00, § 3; Ord. 5089, 8-3-98, §§ 6, 7; Ord. 4973, 3-3-97, § 889; Ord. 4816, 12-4-95, § 989; Ord. 4654, 6-6-94, § 23; Ord. 3775, 5-26-87, § 8)

20.20.030 Designation and measurement of required setbacks.

A.    Except as specifically provided in subsection B of this section, each lot must contain only one front setback and only one rear setback. Any other setback will be considered a side setback.

B.    If a lot abuts the intersection of two public rights-of-way, a front setback is required along each right-of-way.

C.    The Director of the Development Services Department is authorized to designate front, rear and side setbacks in accordance with the definitions of LUC 20.50.046. If these definitions do not establish a front and rear setback, the Director of the Development Services Department shall establish these setbacks based upon orientation of the lot to surrounding lots and to any existing development pattern. All other setbacks will be defined in relation to the established front and rear setback.

D.    A setback is measured from the interior edge of a street right-of-way, access easement or private road, except that if applicable, a rear setback is measured from the centerline of an alley. Where there is no street right-of-way, access easement or private road, a setback is measured from the property line.

E.    The critical area buffer and critical area structure setback requirements of Part 20.25H LUC are in addition to the setback requirements of LUC 20.20.010 and 20.25A.020. The greater setback dimension is required. (Ord. 5683, 6-26-06, § 7; Ord. 5232, 7-17-00. § 4; Ord. 4654, 6-6-94, § 24; Ord. 3775, 5-26-87, § 9; Ord. 3498, 5-27-85, § 4; Ord. 3278, 8-1-83, § 6)

20.20.060 Legally created lots – Development permitted – Proof.

A.    Development shall be permitted only on legally created lots.

B.    In order to establish that a lot for which permit approval is sought is a legally created lot, the applicant must provide:

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

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

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

a.    Executed prior to March 14, 1969, or

b.    Executed prior to July 1, 1974 while the lot in question was under the jurisdiction of King County. (Ord. 3921, 6-20-88, § 2)

20.20.070 Lots nonconforming as to area, street frontage, width or depth – Status.

A.    An individual nonconforming lot legally created pursuant to LUC 20.20.060 may be used for a building site if:

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

2.    The lot does not lie within a Residential (R-1 – R-30) Land Use District; or

3.    The lot lies within a Residential (R-1 – R-30) Land Use District; and

a.    The area, width and depth of the lot each meet or exceed 70 percent of the minimum requirements for the Residential (R-1 – R-30) Land Use District in which it is located, or

b.    Although the area, width or depth of the lot, or a combination thereof, do not meet 70 percent of the minimum requirements of the Residential (R-1 – R-30) Land Use District in which it is located,

i.    The lot’s area meets or exceeds 3,000 square feet; and

ii.    The lot’s width meets or exceeds 30 feet; and

iii.    The lot’s depth meets or exceeds 50 feet.

B.    Development of an individual lot failing to meet 70 percent of the area, width or depth requirements of the land use district in which it is located is restricted to a maximum building height computed by the following formula (see Example A at the end of this section). The maximum building height resulting from the following formula may be modified up to the maximum height allowed in the underlying land use district through a variance pursuant to Part 20.30G LUC or Part 20.30H LUC:

Building Height = 2 x C x H

C = The ratio of potentially buildable area (lot area less the area of the lot’s minimum setback requirements) to total lot area.

H = The general building height requirement otherwise applicable to the lot.

(Calculation of building height is in no way intended to suggest a waiver of lot coverage requirements imposed elsewhere in the Code. Similarly, calculations are based on basic Code requirements; any variances to setbacks of the property do not affect building height calculation.)

Provided, that in no event shall building height exceed the building height requirement otherwise applicable to the lot; and provided, that in no event shall a building height requirement be imposed less than 15 feet.

C.    Notwithstanding subsection A of this section, a nonconforming lot in a Residential (R-1 – R-30) Land Use District failing to meet or exceed 70 percent of minimum area, width and depth requirements of the district in which it is located may not be used for a building site if at any time since the effective date of the ordinance which first established a minimum lot area, width, depth or street frontage requirement larger than the lot contains or annexation, whichever was later, has a person, partnership, corporation or marital community owning said lot simultaneously owning additional contiguous property. Such lots must be combined with additional contiguous property sufficient that the area, width and depth of the combined property each meets or exceeds 70 percent of the minimum requirements of the land use district in which the property is located. This subsection does not constitute a waiver of any of the requirements of boundary line adjustment procedure.

D.    Any nonconforming lot used for a building site must meet the nonconforming provisions of LUC 20.20.560, the building height requirements of subsection B of this section and the applicable dimensional requirements of LUC 20.20.010 for the district in which it is located, unless a variance has been granted pursuant to Part 20.30G or 20.30H LUC or modification has been granted pursuant to LUC 20.25H.040.B.

E.    This section is not applicable in the Bel-Red Land Use Districts. Refer to LUC 20.25D.060 for regulations relating to existing conditions. (Ord. 5991, 2-7-11, § 1; Ord. 5876, 5-18-09, § 8; Ord. 3921, 6-20-88, § 3; Ord. 3690, 8-4-86, § 4)

Word Index

– A –

20.20.120 Accessory dwelling units.

A.    Definitions.

1.    “Accessory dwelling unit” means a subordinate dwelling unit incorporated within a single-family structure. Accessory dwelling units may not be subdivided or otherwise segregated in ownership from the primary residence structure.

2.    “Existing single-family dwelling” means that permits for construction of the principal dwelling were finaled (occupancy approved) at least three years prior to application for accessory dwelling unit.

3.    “Owner occupancy” means a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year, and at no time receives rent for the owner-occupied unit.

B.    General.

One accessory dwelling unit is permitted as subordinate to an existing single-family dwelling provided the following criteria are met:

1.    Either the primary residence or the accessory dwelling unit must be occupied by an owner of the property;

2.    The total number of occupants in both the primary residence and the accessory dwelling unit combined may not exceed the maximum number established by the definition of family in LUC 20.50.020;

3.    The accessory dwelling unit shall contain not less than 300 square feet and not more than 800 square feet, excluding any related garage area; provided, if the accessory unit is completely located on a single floor, the Director may allow increased size in order to efficiently use all floor area, so long as all other standards set forth in this section are met;

4.    The square footage of the accessory dwelling unit, excluding any garage area, shall not exceed 40 percent of the total square footage of the primary residence and accessory dwelling unit combined, excluding any garage area;

5.    There shall be one off-street parking space provided for the accessory dwelling unit, which is in addition to any off-street spaces required for the primary residence;

6.    The construction of a second entry door facing on a street front for entrance into an accessory unit is prohibited; new entrances not facing on a street front are permitted on the sides and rear of a house, or on a front side facing on a street where no other door exists; provided, that existing single-family structures with two or more entry doors facing on a street shall not be prohibited from using one of those doors to access the accessory unit; and

7.    The accessory dwelling unit shall meet all technical code standards, BCC Title 23, including building, electrical, fire, and plumbing code requirements.

C.    Location.

Accessory dwelling units shall not be permitted in structures detached from the primary residence, including but not limited to guest cottages, detached garages, or workshops.

D.    Limitations.

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

E.    Affordable Housing.

The creation of an accessory dwelling unit shall not satisfy the affordable housing requirements in LUC 20.20.128.

F.    Inspection and Registration.

1.    Any property owner seeking to establish an accessory dwelling unit shall apply to register the unit with the Development Services Department.

2.    The property owner shall file a completed registration application form affirming that at least one owner will occupy the primary residence or the accessory unit and agreeing to the limits on total number of residents and other standards as provided above. The registration application shall include a requirement for mailing labels for all owners of property lying within 500 feet of the site.

3.    After receipt of a complete application form and prior to approval of any accessory dwelling unit, the Director shall inspect the property to confirm that minimum and maximum size limits are met, required parking is provided, design limitations regarding front entrances are met, and technical code standards are met.

4.    The registration form or other form as required by the Director shall be filed as a deed restriction with the King County Department of Records and Elections to indicate the presence of the accessory dwelling unit, the requirement of owner occupancy, and other standards for maintaining the unit as described above.

5.    The Director shall report annually to the Council on accessory dwelling unit registration, number of units and distribution throughout the City, average size of units, and number and type of complaint- and enforcement-related actions.

6.    After approval, the Director shall provide notice of the registration of the accessory unit to owners of property within 500 feet of the registered site. The notice shall state that the unit complies with the standards of this section, shall describe the requirements for maintaining the unit, and shall explain how to obtain general information and how to request inspections.

7.    Cancellation of the accessory unit’s registration may be accomplished by the owner filing a certificate with the Director for recording at the King County Department of Records and Elections, or may occur as a result of enforcement action. The cancellation certificate will confirm that the residence has reverted to use as a single dwelling. (Ord. 5718, 2-20-07, §§ 1, 2; Ord. 5089, 8-3-98, § 8; Ord. 4498, 3-15-93, § 2)

20.20.125 Accessory structures in residential districts – Detached.

A.    Purpose.

The purpose of this section is to regulate the height, size, and location of detached accessory structures in residential districts in order to maintain compatibility with surrounding neighborhoods and reduce the visual impacts on adjacent residential properties.

B.    Applicability.

This section applies to detached accessory structures located on lots less than 20,000 square feet within any residential land use district. This section is not applicable to Guest Cottages regulated pursuant to LUC 20.20.250. This section is not applicable to structures exempt from regulation under the International Building Code, as adopted and amended by the City of Bellevue; however, exempt structures (e.g., swimming pools, greenhouses, and similar structures) and parked or stored recreational vehicles, watercraft, and utility trailers (regulated pursuant to LUC 20.20.720 or 20.20.890) may intrude into side or rear yard setbacks pursuant to the process contained in paragraph F.3 of this section.

C.    Definition of Detached Accessory Structure.

Detached accessory structure refers to buildings or structures which are secondary to and associated with a primary single-family or multifamily structure.

D.    Height Limitations.

Detached accessory structures are limited to a maximum height of 15 feet except as otherwise provided in paragraph F.1. of this section.

E.    Limitations on Location and Lot Coverage.

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

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

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

F.    Exception Process.

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

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

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

a)     A written mutual agreement of the abutting property owners of the property lines affected shall be recorded with the King County Division of Records and Elections and filed with the City Clerk.

b)    The detached accessory structure shall not exceed a height of 15 feet.

c)     The detached accessory structure shall not occupy more than 50 percent of the area of a required rear or side setback.

d)     The detached accessory structure shall not be located within 10 feet of a street right-of-way, access easement or private road.

e)    The detached accessory structure shall not be located within a setback required by LUC 20.25H.090 except as otherwise provided by LUC 20.20.025.B. (Ord. 6197, 11-17-14, § 8; Ord. 5571, 12-6-04, §§ 2, 3; Ord. 5089, 8-3-98, § 9; Ord. 4979, 3-17-97, § 4; Ord. 4977, 3-17-97, § 2; Ord. 3775, 5-26-87, § 11)

20.20.127 Adult entertainment uses.

A.    Adult entertainment uses are prohibited within 660 feet of any Residential Land Use District (R-1 – R-30), single or multiple-family residence, public or private school (preschool – twelfth grade), religious facility, public park, child care service, child day care center, public library, community youth center, massage parlor, or other adult entertainment use.

B.    Massage parlors are prohibited from locating within 660 feet of any existing adult entertainment use, and adult entertainment uses are prohibited from locating within 660 feet of any existing massage parlor.

C.    The 660-foot distance shall be a straight, horizontal line, measured from the nearest point of that portion of a lot proposed to be used for an adult entertainment use (generally, the enclosed building or indoor leased space, excluding, for example, parking areas, landscaping or tenant common areas) to the nearest point of:

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

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

3.    A Residential Land Use District (R-1 – R-30). (Ord. 5189, 12-6-99, § 1; Ord. 4536, 5-24-93, § 1; Ord. 3884, 2-16-88, § 2)

20.20.128 Affordable housing.

A.    Purpose.

The purpose of this section is to offer dimensional flexibility and density bonuses to encourage construction of housing affordable to low and moderate income households.

B.    General.

The provisions of this section are available, at the sole discretion of the property owner, as incentives to encourage the construction of affordable housing in new multifamily residential development.

1.    Multifamily Development. One bonus market rate unit is permitted for each affordable unit provided, up to 15 percent above the maximum density permitted in the underlying zoning district.

2.    Duration. An agreement in a form approved by the City must be recorded with King County Department of Records and Elections requiring affordable housing units which are provided under this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant.

3.    In zoning districts where density limitation is expressed as floor area ratio (FAR), density bonuses will be calculated as an equivalent FAR bonus.

C.    Dimensional Standard Modification.

The following requirements of the Land Use Code may be modified through the procedures outlined in paragraph D of this section, to the extent necessary to accommodate affordable housing units and bonus units on-site.

1.    Lot Coverage. The maximum percent of lot coverage may be increased by up to five percent of the total square footage over the maximum lot coverage permitted by the underlying zoning district for those properties or lots containing affordable housing units.

2.    Parking Requirements. For those buildings containing affordable housing, the percent of compact parking stalls may be increased up to 75 percent of the total required parking in non-

Downtown Zoning Districts and up to 85 percent of the total required parking in Downtown Zoning Districts. Tandem parking stalls are permitted to the extent feasible to satisfy required parking ratios.

3.    Building Height. Except in Transition Areas, the maximum building height in R-10, R-15, R-20 and R-30 Zoning Districts may be increased by up to six feet for those portions of the building(s) at least 20 feet from any property line.

4.    Lot Area. Lots which contain affordable housing units in single-family subdivisions may be reduced by up to 20 percent of the minimum lot area required by the underlying zoning district; provided, that the density in the subdivision does not exceed 15 percent above the maximum permitted by the underlying zoning district.

5.    Open Space. The Open and Recreation Space Requirement within a residential planned unit development containing affordable housing may be reduced to 35 percent of gross land area. All other requirements of LUC 20.30D.160 shall continue to apply.

D.    Applicable Procedures.

1.    Dimension Standard Modification. The City will process an application for a dimensional standard modification through the Building Permit review or if the project is being processed through a discretionary land use process, the dimensional standard modification may be reviewed as part of that process. In addition to the decision criteria in the section applicable to the discretionary land use decision, the Director must determine that the modifications are the minimum necessary to accommodate affordable housing units and bonus market rate units on-site.

2.    Attached Housing within Subdivisions. Attached affordable housing duplexes on single-family lots are permitted without planned unit development approval provided the units are approved as part of a subdivision proposal. If a property line divides the attached units into separate parcels, there is no setback requirement from that property line, and for purposes of complying with minimum lot size provisions, the separate parcels containing the attached units are considered one lot. In addition to the decision criteria in LUC 20.45A.130, the following criteria shall apply:

a.    No more than 15 percent of the approved lots may include attached duplex units and only one lot may contain three dwelling units.

b.    The placement and exterior design of the attached units are comparable to and compatible with the surrounding single-family development.

E.    Administration.

The Director shall be responsible for administration of this section. The Director may adopt rules for implementation of this section; provided, the Director shall first hold a public hearing. The Director shall publish notice of the intent to adopt any rule, and the date, time, and place of the public hearing thereon in a newspaper of general circulation in the City at least 14 days prior to the hearing date. Any person may submit written comment to the Director in response to such notice, and/or may speak at the public hearing. Following the public hearing, the Director shall adopt, adopt with modification, or reject the proposed rule. (Ord. 4979, 3-17-97, § 5; Ord. 4855-C, 2-14-96, § 1; Ord. 4829, 12-5-95, § 1; Ord. 4353, 4-13-92, § 1; Ord. 4269, 7-8-91, § 1)

20.20.130 Animal keeping and services.

A.    General.

Animal services as defined in LUC 20.50.010 are subject to the requirements of this section and BCC Title 8, Animal Regulations.

B.    Minimum Requirements.

The following chart, entitled “Animal Regulations,” sets forth the minimum requirements for certain types of animal keeping.

Animal Regulations 

Type of Animal/Use

Maximum Number (1)

Minimum Lot Size

Minimum Setback (5)

1. Household Pets (6)

Dogs, Cats, Rabbits: 3(2); Fowl: 6(4); Other: no maximum

No minimum

May not be restrained or enclosed outdoors so that the animal is able to come within 15 feet of a property line. This limitation does not prohibit the keeping of a household pet within the following areas, provided it must be allowed to roam freely therein:

    1) A lot which is fenced along all lot lines so as to enclose the entire lot, or

    2) An enclosed portion of a lot which is bounded by fences along either the entire front lot line or entire rear lot line, and along a portion of both side lot lines, which utilizes the house or primary structure as one side of the enclosure and which may include all or a portion of either or both side yards.

    3) No structure to house the household pet may be within 15 feet of a property line.

2. Small Domestic Animals or Hobby Kennel (6)

10: 20,000 sq. ft. and an additional 1,500 sq. ft. for each animal; 6: 10,000 sq. ft. and an additional 1,500 sq. ft. for each animal over 6

20,000 sq. ft. or 10,000 sq. ft.

May not be restrained or enclosed outdoors so that the animal is able to come within 25 feet of a property line.

This limitation does not prohibit the keeping of a small domestic animal within the following areas, provided it must be allowed to roam freely therein:

    1) A lot which is fenced along all lot lines so as to enclose the entire lot, or

    2) An enclosed portion of a lot which is bounded by fences along either the entire front lot line or entire rear lot line, and along a portion of both side lot lines, which utilizes the house or primary structure as one side of the enclosure and which may include all or a portion of either or both side yards.

    3) No structure to house the household pet may be within 25 feet of a property line.

3. Large Domestic Animals (6)

1: each 10,000 sq. ft.

20,000 sq. ft.

May not be restrained or enclosed outdoors so that the animal is able to come within 25 feet of a property line. This limitation does not prohibit the keeping of a large domestic animal within the following areas, provided it must roam freely therein:

    1) A lot which is fenced along all lot lines so as to enclose the entire lot, or

    2) An enclosed portion of a lot which is bounded by fences along either the entire front lot line or entire rear lot line, and along a portion of both side lot lines, which utilizes the house or primary structure as one side of the enclosure and which may include all or a portion of either or both side yards.

    3) No structure to house the animal may be within 25 feet of a property line.

4. Bees (7)

Maximum of four hives, each with one colony: Lots containing 15,000 sq. ft. or less; Maximum of 15 hives, each with one colony: Lots containing more than 15,000 sq. ft. but less than 35,000 sq. ft.; Maximum of 25 hives, each with one colony: Lots containing 35,000 sq. ft. or more

7,200 sq. ft.

Hives must be at least 25 feet from a property line, except when situated 8 feet or more above adjacent ground level, or when situated less than 6 feet above adjacent ground level and behind a solid fence or hedge at least 6 feet high parallel to any property line within 25 feet of the hive and extending at least 25 feet level, or when situated beyond the hive in both directions.

5. Kennel (3)(8)

Determined in Conditional Use Process

35,000 sq. ft.

May not be restrained or enclosed outdoors so that the animal is able to come within 50 feet of a property line. This limitation does not prohibit the keeping of an animal within the following areas, provided it must be allowed to roam freely therein:

    1) A lot which is fenced along all lot lines so as to enclose the entire lot, or

    2) An enclosed portion of a lot which is bounded by fences along either the entire front lot line or entire rear lot line, and along a portion of both side lot lines, which utilizes the house or primary structure as one side of the enclosure and which may include all or a portion of either or both side yards.

    3) No structure to house the animal may be within 50 feet of a property line.

6. Commercial Stable or Riding Academy (3) (9)

 

Determined in Conditional Use Process

35,000 sq. ft.

May not be restrained or enclosed outdoors so that the animal is able to come within 50 feet of a property line. This limitation does not prohibit the keeping of an animal within the following areas, provided it must be allowed to roam freely therein:

    1) A lot which is fenced along all lot lines so as to enclose the entire lot, or

    2) An enclosed portion of a lot which is bounded by fences along either the entire front lot line or entire rear lot line, and along a portion of both side lot lines, which utilizes the house or primary structure as one side of the enclosure and which may include all or a portion of either or both side yards.

3) No structure to house the animal may be within 50 feet of a property line.

Notes: Animal Regulations

(1)    Number of adult animals. One unweaned litter of offspring and foals are not included in the number of animals allowed.

(2)    More than three rabbits are regulated as small domestic animals.

(3)    Requires a Conditional Use Permit.

(4)    More than six fowl are regulated as small domestic animals.

(5)    The purpose of these setback requirements is to prohibit the confinement of an animal within specific distances from neighboring property, as by leashing the animal to a stake or placing the animal in an enclosure, but to allow animals to be kept in yards fenced on their perimeter so long as the animal is free to roam within the fenced area.

(6)    Special Regulations: Open pasture, foraging or grazing may extend to the property line.

(7)    Special Regulations:

(a)    Must register with the Washington State Department of Agriculture or any successor organization responsible for oversight of beekeeping.

(b)    Must requeen annually or any time following swarming or aggressive behavior with a breeder-raised queen of suitable docile strain.

(c)    Hives must be maintained to avoid overpopulation and minimize swarming.

(d)    Must be maintained in a movable frame hive at all times.

(8)    Special Regulations: See LUC 20.10.440.

(9)    Special Regulations: See LUC 20.10.440. Open pasture, foraging or grazing may extend to the property line.

C.    Prohibited Animals.

The keeping of mink, foxes or hogs is prohibited.

D.    Pet Day Care.

In addition to the development standards applicable to the land use district, including BCC Title 8 and Chapter 9.18 BCC, pet day cares are subject to the following requirements:

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

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

E.    Veterinary Services.

In addition to the development standards applicable to the land use district, including BCC Title 8 and Chapter 9.18 BCC, veterinary services are subject to the following requirements:

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

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

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

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

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

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

20.20.135 Automobile sales, leasing and rental – LI District.

The following decision criteria, in addition to the criteria in LUC 20.30E.140, apply to an administrative Conditional Use Permit application for the leasing, rental and/or retail sale of automobiles in light industry zoning districts:

A.    The applicant provides an adequate off street unloading area for vehicle carriers; and

B.    There is adequate on-site storage area for display vehicles. (Ord. 4654, 6-6-94, § 26; Ord. 4176, 11-26-90, § 4)

– B –

20.20.140 Boarding houses and bed and breakfasts.

Boarding houses and bed and breakfasts require a Home Occupation Permit, Part 20.30N LUC, approval. In addition, not more than two rooms may be rented to not more than two persons other than those occupying a single-family dwelling, provided there is compliance with health and building code requirements. The owner of the rooms to be rented shall provide off-street parking for such rooms at the rate of at least one parking stall for each room. (Ord. 5089, 8-3-98, § 11; Ord. 4028, 7-17-89, § 3; Ord. 3145, 9-27-82, § 29)

– C –

20.20.160 Carnivals and fairs.

Carnivals, fairs, revivals and other temporary amusements, exhibitions or meeting places must receive a Temporary Use Permit, following the procedures required by Part 20.30M LUC, or be approved through the City’s Special Events Policy permit process. (Ord. 4654, 6-6-94, § 27; Ord. 3530, 8-12-85, § 13)

20.20.170 Child care service use.

A.    Purpose.

Encourage the convenient location of child care service uses throughout the City where compatible with surrounding land uses and development.

B.    Applicability.

This section applies to each child care service use within the City. The requirements of this section shall be imposed at the initiation of any child care service use, or upon any addition or modification to a child care service use or structure housing that use.

C.    Family Child Care Home in a Residence.

Family child care providers must obtain an operating license from the Department of Early Learning. Minimum licensing requirements can be found in Chapter 170-296 WAC. Family child care providers also must obtain a Registration Certificate from the City of Bellevue as required by Chapter 4.03 BCC (Tax Administrative Code). All family child care homes must comply with applicable building and fire codes, the Sign Code, Chapter 22B.10 BCC, and LUC provisions governing lot size, building dimensions, setbacks and lot coverage requirements for the zone in which they are located.

D.    Child Day Care Center.

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

2.    Review or Registration Required.

a.    If located in an R-10 or R-15 Land Use District, a child day care center requires a Conditional Use Permit prior to the initiation of the use.

b.    If located in a land use district in which the use is a permitted use, each operator of a child day care center must register with the Bellevue Development Services Department by filing a signed Child Care Registration Form as provided by the Department prior to the initiation of the use. The operator must certify compliance with all applicable use requirements and conditions of this subsection as listed on the Registration Form.

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

a.    An on-site vehicle turnaround or separate entrance and exit points, and passenger loading area must be provided. The City shall specifically consider the location and appearance of the proposed turnaround or access in determining compatibility with surrounding uses.

b.    The child day care center use must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services.

c.    The child day care center use must have been inspected by the Bellevue Fire Department, and the operator must have committed to implement all required corrective measures within the stated time period.

d.    The operator must have granted the City of Bellevue permission to enter the property, and to inspect the child day care center use for compliance with the requirements of the Land Use Code, and other applicable City ordinances.

e.    The operator must have obtained a Registration Certificate as required by Chapter 4.02 BCC (Tax Administration Code).

f.    If located in an R-10, R-15, R-20, or R-30 Land Use District:

i.    A solid fence at least six feet high compatible with neighborhood character must be installed along each side and rear lot line.

ii.    One sign, not exceeding four square feet and five feet in height, is permitted to identify the use notwithstanding the provisions of Chapter 22B.10 BCC. The sign may not be lighted. The City shall review the color, materials, design, location and character of the sign in determining compatibility with surrounding uses.

4.    Conditions.

a.    The City may impose conditions to mitigate any potential adverse impact on surrounding uses.

b.    The City shall specifically consider the need to limit the hours of operation of the use.

c.    The City shall establish the maximum number of children permitted in the child care service use at any one time.

E.    Child Care Service Use Located in a Community Facility.

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

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

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

a.    The child day care center use must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services.

b.    The child day care center use must have been inspected by the Bellevue Fire Department, and the operator must have committed to implement all required corrective measures within the stated time period.

c.    The operator must have granted the City of Bellevue permission to enter the property, and to inspect the child day care center use for compliance with the requirements of the Land Use Code, and other applicable City ordinances.

d.    The operator must have obtained a Registration Certificate as required by Chapter 4.02 BCC (Tax Administration Code).

e.    The child day care center use may not display any sign in excess of the maximum number of signs and the maximum sign area allowed for the community facility in which the child care service use is housed.

4.    Conditions.

a.    The City may impose conditions to mitigate any potential adverse impact on surrounding uses.

b.    The City shall specifically consider the need to limit the hours of operation of the use. (Ord. 6197, 11-17-14, § 10; Ord. 5089, 8-3-98, § 12; Ord. 4654, 6-6-94, § 28; Ord. 4086, 11-27-89, § 2; Ord. 3095, 5-24-82, § 3)

20.20.190 Churches, clubs and similar use structures.

In R Districts, churches, institutions, clubs and community recreation buildings shall have side and rear yard required setbacks of a minimum of 50 feet each. Automobile traffic to and from such a use and its parking area shall be from an arterial street, unless other access is approved through a Conditional Use Permit. (Ord. 5089, 8-3-98, § 13; Ord. 4973, 3-3-97, § 866; Ord. 4816, 12-4-95, § 966; Ord. 3145, 9-27-82, § 30)

20.20.192 Commercial vehicles in residential land use districts.

Commercial vehicles are not permitted to be parked overnight on residential properties unless approved through a Home Occupation Permit. “Commercial vehicles” include: 1) vehicles used in a commercial enterprise which exceed 19 feet in length; and 2) truck tractors used in the drayage of semi-truck trailers. (Ord. 5089, 9-15-98, § 14)

20.20.195 Communication, broadcast and relay facilities.

A.    Definitions.

The following definitions apply to this section:

1.    “Flush mounted” shall mean attached to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

2.    “Gateway intersection” shall mean those intersections identified on Figure UD-1 in the Comprehensive Plan, now or as hereafter amended.

3.    “Nonresidential land use districts” shall mean PO, O, OLB, OLB-OS, LI, GC, NB, CB, F1, F2, F3, EH, MI, all Downtown land use districts, and all Bel-Red land use districts.

4.    “Residential land use districts” shall mean R-1, R-1.8, R-2.5, R-3.5, R-4, R-5, R-7.5, R-10, R-15, R-20 and R-30.

5.    “Utility support structure” shall mean street or pedestrian light standards, guy poles, traffic signal standards, and poles or towers supporting electrical, telephone, cable or other similar facilities.

B.    Certain Wireless Communication Facilities Exempt From Land Use Review.

1.    Wireless Communications Facilities within the Public Right-of-Way or on Utility Towers within the Seattle City Light or Puget Sound Energy Transmission Corridors. WCF meeting the applicable criteria set forth below are permitted outright and do not require land use approval. A right-of-way use permit, building permit and/or SEPA compliance may be required:

a.    General. WCF located in any land use district must meet the following criteria:

i.    The WCF shall not be located within a gateway intersection;

ii.    The WCF shall be attached to an existing utility support structure. Such structure may be removed and replaced with a new utility support structure so long as the replacement structure is of similar color and material as the existing structure, and is located within 10 feet of the existing structure (measured from the center point of the existing structure to the center point of the replacement structure);

iii.    Transmission and power cables and any other conduit shall be contained within the utility support structure or located underground;

iv.    The applicant shall demonstrate that the WCF will comply with the radio frequency emission standards adopted by the Federal Communications Commission; and

v.    If the WCF includes an antenna array, the array shall be flush mounted within six inches of the support structure, or contained in a canister that is a continuation of the diameter of the support structure, and the array shall be painted to match the support structure.

b.    Nonresidential Land Use Districts, including Nonresidential Transition Areas. In addition to the criteria set forth in subsection B.1.a of this section, WCF in these districts must meet the following criteria to be exempt from land use review:

i.    The WCF adds no more than 21 feet to the height of the existing utility support structure; and

ii.    WCF equipment shall be: 1) mounted on the support structure with no one dimension of the equipment exceeding 36 inches, or 2) located on the ground screened pursuant to LUC 20.20.525.

c.    Residential Land Use Districts. In addition to the criteria set forth in subsection B.1.a of this section, WCF in these districts must meet the following criteria to be exempt from land use review:

i.    The WCF adds no height to the height of the existing utility support structure;

ii.    WCF equipment shall be: 1) mounted at the base of the support structure with no one dimension of the equipment exceeding 36 inches, 2) located on the ground in the right-of-way no more than 30 inches in height and screened pursuant to LUC 20.20.525, or 3) located within the footprint of the utility support structure in a power corridor easement and screened with an accessory structure consistent with the requirements of LUC 20.20.125;

iii.    WCF proposed in the right-of-way may be located no closer than 520 feet to any other WCF located in the right-of-way or to any WCF on property owned by the City of Bellevue. For purposes of measuring distance between WCF, WCF serving public emergency communication functions and WCF operated by and supporting City of Bellevue functions shall not be considered; and

iv.    WCF proposed on property owned by the City of Bellevue may be located no closer than 520 feet to any WCF located in the right-of-way. For purposes of measuring distance between WCF, WCF serving public emergency communication functions and WCF operated by and supporting City of Bellevue functions shall not be considered.

2.    Wireless Communications Facilities Outside of the Public Rights-of-Way and Outside of the Seattle City Light or Puget Sound Energy Transmission Corridors, All Land Use Districts. WCF in any land use district meeting the applicable criteria set forth below are permitted outright and do not require land use approval. A building permit and/or SEPA compliance may be required:

a.    WCF located in a residential land use district shall be consistent with Footnote 14 to the Transportation and Utilities Use Chart in LUC 20.10.440;

b.    The WCF shall be attached to an existing structure, including on-site utility support structures. Where the WCF is attached to an on-site utility support structure, the existing structure may be removed and replaced with a new structure so long as the replacement structure is of similar color and material as the existing structure and is located within 10 feet of the existing structure (measured from the center point of the existing structure to the center point of the replacement structure);

c.    Where the WCF is attached to an on-site utility support structure, transmission and power cables and any other conduit shall be contained within the support structure or placed underground;

d.    The height of the WCF shall not exceed the greater of: 1) the maximum building height allowed for the underlying land use district, or 2) the height of the structure to which it is attached or which it replaces. In no event may the WCF add more than 15 feet of height to the existing structure;

e.    Any antenna array is either: 1) a whip antenna attached to a building, 2) flush mounted within six inches of an on-site utility support structure, 3) contained within a canister that is a continuation of an on-site utility support structure, or 4) flush mounted within 12 inches of the face of the building or mechanical equipment screening;

f.    Any antenna array is painted to match the material to which it is attached; however, whip antenna arrays shall be painted a light color;

g.    WCF equipment in nonresidential land use districts shall be screened pursuant to LUC 20.20.525; WCF equipment in residential districts shall be screened pursuant to LUC 20.20.525 when located on the roof. When located on the ground the equipment shall be contained within a detached accessory structure consistent with the requirements of LUC 20.20.125, screened with vegetation at least as tall as the equipment, or constructed less than 30 inches above grade;

h.    The applicant shall demonstrate that the WCF will comply with the radio frequency emission standards adopted by the Federal Communications Commission; and

i.    Where the proposal is located on a site subject to Design Review, the applicant shall demonstrate compliance with the criteria of LUC 20.30F.175.C.1.

3.    Minor Modifications. The following activities are exempt from further review:

a.    Minor modifications, maintenance, repair, or replacement of elements of an existing facility or system which is otherwise subject to the requirements of this section; and

b.    Facility swaps between different communications providers; provided, that the facilities are both permitted and the swap does not require modifications that are more than minor in character.

C.    Review of Nonexempt Wireless Communication Facilities.

WCF that do not satisfy the criteria of subsection B of this section shall require either a Conditional Use Permit or an Administrative Conditional Use Permit, as described below. Such WCF shall meet the criteria described in subsection D of this section.

1.    Facilities Requiring Conditional Use Approval. A Conditional Use Permit is required for:

a.    Any WCF proposed in the public right-of-way within a residential land use district, where the WCF is proposed within 520 feet of any other WCF located either in the public right-of-way or on property owned by the City of Bellevue. For purposes of measuring distance between WCF, WCF serving public emergency communication functions and WCF operated by and supporting City of Bellevue functions shall not be considered; or

b.    Any WCF proposed on City-owned property within a residential land use district, where the WCF is proposed within 520 feet of any WCF located in the public right-of-way. For purposes of measuring distance between WCF, WCF serving public emergency communication functions and WCF operated by and supporting City of Bellevue functions shall not be considered; or

c.    Any WCF involving a new WCF support structure proposed in a residential land use district or in a Transition Area.

2.    Any proposed WCF that does not meet the requirements of subsection B of this section and is not described in subsection C.1 of this section requires Administrative Conditional Use approval.

D.    Additional Requirements Applicable to All Nonexempt Wireless Communication Facilities.

All nonexempt WCF shall be subject to the requirements of this subsection.

1.    Height. Any request to exceed the height allowed for exempt WCF pursuant to subsection B of this section shall be the minimum necessary for effective functioning of the provider’s network, as certified by the provider’s licensed engineer.

2.    WCF Location and Design. The applicant shall submit maps certified by the provider’s licensed engineer indicating the geographic area within which a facility must be located to meet an identified coverage or capacity need. For purposes of this section, this map is called the “search ring.”

a.    Within the search ring, the applicant shall demonstrate consideration of the following preferred locational hierarchy: 1) nonresidential land use districts not providing transition, 2) nonresidential transition areas, 3) multifamily (R-20 and R-30) land use districts, and 4) park sites and all other residential land use districts.

b.    Within the search ring, the applicant shall demonstrate consideration of the following preferred facility design hierarchy: 1) attached to public facility structures, building mounted, or integrated with utility support structures, 2) co-located on utility poles, light standards, signal supports, existing WCF support structures or existing communication, broadcast and relay towers, and 3) freestanding WCF support structures.

c.    The applicant shall demonstrate that application of the above hierarchies results in a proposal that minimizes the adverse impacts of the WCF, considering the search ring as a whole. If a location or design lower on the hierarchy leads to fewer impacts than a location or design more preferred in the hierarchy, then the less impactful location or design is preferred.

3.    Dispersal Limits. Any request to: (a) locate a WCF in a residential district in the public right-of-way within 520 feet of another WCF in the public right-of-way or within 520 feet of a WCF on property owned by the City of Bellevue, and (b) locate a WCF in a residential district on property owned by the City of Bellevue within 520 feet of a WCF in the public right-of-way, shall be approved only if the applicant demonstrates that no other site within the search ring is available for siting the WCF. For purposes of determining the number of WCF on a given site or for measuring the distance between WCF, WCF serving public emergency communication functions and WCF operated by and supporting City of Bellevue functions shall not be considered.

4.    Development Standards. The following development standards may be applied to ensure that any WCF minimizes the adverse impacts, especially visual and aesthetic impacts, on properties where the facility is located and in the vicinity of the facility.

a.    Specific colors of paint and screening techniques may be required to achieve a facility that blends with the surrounding setting, or a facility that is screened from surrounding land uses.

b.    Specific design and configurations may be required to achieve a facility that minimizes visual intrusion of the facility or elements of the facility. Such techniques include, for example: requiring transmission and power cables and other conduit to be contained within any support structure, located underground, or otherwise screened; requiring the lateral projection of antenna arrays to be minimized to the greatest extent technically feasible; and requiring antenna arrays to be integrated into the design of any structure to which they are attached.

c.    Construction and site restoration techniques may be required and conditions imposed to eliminate or minimize long-term impacts to property and surrounding land uses.

d.    WCF Equipment.

i.    General. WCF equipment shall be the minimum size necessary to support operation of the WCF as certified by the provider’s licensed engineer. Where multiple WCFs are proposed to be located in close proximity, WCF equipment may be required to be consolidated in one WCF equipment housing structure.

ii.    WCF equipment in residential land use districts shall be:

(1)    Mounted at the base of the utility support structure with no one dimension of the equipment exceeding 36 inches;

(2)    Located on the roof of a nonresidential structure and screened pursuant to LUC 20.20.525;

(3)    Located on the ground on property developed with a nonresidential use screened with vegetation at least as tall as the equipment. Such equipment may alternatively be required to be placed within a detached accessory structure consistent with the requirements of LUC 20.20.125 if necessary to minimize the visual impact of the equipment on adjacent land uses; or

(4)    Located in the right-of-way constructed no more than 30 inches high and screened with appropriate color and materials, including landscaping.

The screening of WCF equipment required in this subsection D.4.d.ii may be satisfied by screening the equipment in a manner that causes the equipment to appear to be another kind of feature found in the residential landscape. For example, the WCF equipment may be screened to look like a boulder or a bench that is consistent with other right-of-way elements in the surrounding area.

e.    Co-location. Owners and operators of a WCF shall provide information regarding the opportunity for the co-location of other antenna arrays and related equipment. Provision for future co-location may be required if technically feasible and where opportunities for smaller facilities with less impacts are limited due to topography, lack of existing above ground structures or other circumstances.

5.    Radio Frequency Emissions. The applicant shall demonstrate that the WCF will comply with the radio frequency emission standards adopted by the Federal Communications Commission.

6.    Setback Requirements for Freestanding Wireless Communications Facilities. Any freestanding support structure associated with a WCF must conform to the setback requirement for structures in the land use district in which the structure is located, except that the minimum side setback for a WCF freestanding support structure is 20 feet.

7.    Independent Technical Review. The City may require the applicant to pay for independent technical review, by a consultant retained by the City, of materials submitted to demonstrate compliance with the criteria contained in subsections D.1 and D.2 of this section.

8.    Removal of Abandoned Antennas and Towers.

a.    Owners and operators of WCFs shall provide the Director with copies of any notice of intent to cease operations that is provided to the Federal Communications Commission.

b.     All WCFs shall be removed by the facility owner within 90 days of the date it ceases to be operational, or if the facility falls into disrepair and is not maintained. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.

9.    Removal Upon Undergrounding. A WCF must be removed at no expense to the City if co-located on an electrical system facility or utility support structure that is subsequently undergrounded.

E.    Requirements Applicable to Communication, Broadcast and Relay Towers Other Than Wireless Communication Facilities.

1.    Height Limits.

a.    Except where a Conditional Use Permit is required, requests to exceed the height limit for the underlying land use district require an Administrative Conditional Use Permit in conjunction with the application for location and design subject to the criteria set out below. No variance from the provisions of the LUC is required.

b.    Requirements for Exceeding Height Limit. The Director may approve a request to exceed the height limit for the underlying land use district if the applicant demonstrates that:

i.    The requested increase is the minimum necessary for the effective functioning of the system.

ii.    Construction of a network consisting of a greater number of smaller less obtrusive facilities is not technically feasible. Applicants may be required to submit an areawide deployment plan to demonstrate compliance with this requirement.

iii.    Visual and aesthetic impacts associated with the facility have been mitigated to the greatest extent technically feasible.

2.    Ground Screening and Fencing Requirements.

a.    All ancillary equipment must comply with the sight screening requirements contained in LUC 20.20.525.

b.    If the Director of the Development Services Department determines that the facility is potentially dangerous to human life, an eight-foot fence which complies with the sight screening requirements contained in LUC 20.20.525 may be required.

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

4.    The facility may be conditioned to allow review for continued use at five-year intervals. Rapid technological advancements, changing markets, and regulatory interpretations indicate the need to periodically review the design to ensure that it has not become obsolete and inappropriate for the land use district within which it is located. (Ord. 5876, 5-18-09, § 10; Ord. 5587, 3-7-05, § 5; Ord. 5460, 8-4-03, § 3; Ord. 5403, 8-5-02, § 5; Ord. 5086, 8-3-98, § 2)

20.20.200 Commuter parking facility.

A.    The applicant may propose a commuter parking facility providing no more than 50 parking spaces and utilizing the parking area of an existing use through the administrative conditional use process, Part 20.30E LUC. Appeals of decisions made pursuant to this subsection will be decided using the Process II appeal procedures, LUC 20.35.250.

B.    The Director of the Development Services Department may approve a commuter parking facility described in subsection A of this section only if he/she finds that:

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

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

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

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

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

C.    The Director of the Development Services Department may impose a time limit upon the validity of the administrative Conditional Use Permit granted pursuant to this section in order to ensure periodic review of the commuter parking facility. (Ord. 5480, 10-20-03, § 7; Ord. 4978, 3-17-97, § 1; Ord. 3530, 8-12-85, § 17; Ord. 3498, 5-27-85, §§ 10, 11)

20.20.250 Cottage, guest.

One detached cottage for the use of guests or domestic employees or the residents of the main residence may be permitted on any lot having at least 13,500 square feet in lot area and having a single-family residence as the principal use of the lot.

– D –

– E –

20.20.255 Electrical utility facilities.

A.    Purpose.

The purpose of this section is to regulate proposals for new or expanding electrical utility facilities and to minimize impacts associated with such facilities on surrounding areas through siting, design, screening, and fencing requirements.

B.    Applicability.

This section applies to all proposals for new or expanding electrical utility facilities as defined in LUC 20.50.018.

C.    Required Review.

For new or expanding electrical utility facilities proposed on sensitive sites as described by Figure UT.5a of the Utilities Element of the Comprehensive Plan, the applicant shall obtain Conditional Use Permit approval under Part 20.30B LUC. For expansions of electrical utility facilities not proposed on sensitive sites as described by Figure UT.5a, the applicant shall obtain Administrative Conditional Use Permit approval under Part 20.30E LUC.

1.    Conditional Use Permit. In addition to the requirements set forth in Part 20.30B LUC and Part 20.25B LUC (if applicable), the applicant shall:

a.    Complete the alternative siting analysis as set forth in subsection D of this section;

b.    Hold an informational public meeting prior to the public hearing required by LUC 20.35.137 and in addition to the informational public meeting required in LUC 20.35.127; and

c.    Comply with all applicable decision criteria and design standards set forth in this section.

2.    Administrative Conditional Use. In addition to the requirements set forth in Part 20.30E LUC and Part 20.25B LUC (if applicable), the applicant shall comply with all decision criteria and design standards set forth in this section, provided the applicant is not required to complete the alternative siting analysis set forth in subsection D of this section.

D.    Alternative Siting Analysis.

In addition to the requirements set forth in Part 20.30B LUC, Part 20.25B LUC (if applicable), and the decision criteria and design standards set forth in this section, the applicant shall identify alternative sites, provide required content showing analysis relating to identified sites, describe technologies considered, and describe community outreach conducted for proposals relating to new or expanding electrical utility facilities on sensitive sites as described in this section.

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

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

a.    Describe the sites identified in subsection D.1 of this section and the land use districts within which the sites are located.

b.    Map the location of the sites identified in subsection D.1 of this section and depict the proximity of the sites to Neighborhood Business Land Use Districts, Residential Land Use Districts, and Transition Areas.

c.    Describe which of the sites analyzed are considered practical or feasible alternatives by the applicant, and which of the sites analyzed are not considered practical or feasible, together with supporting information that justifies the conclusions reached. For sites located within a Neighborhood Business Land Use District, Residential Land Use District, and/or Transition Area (including the Bel-Red Office/Residential Transition (BR-ORT), the applicant shall:

i.    Describe whether the electrical utility facility location is a consequence of needs or demands from customers located within the district or area; and

ii.    Describe whether the operational needs of the applicant require location of the electrical utility facility in the district or area.

d.    Identify a preferred site from the alternative locations considered for the proposed new or expanding electrical utility facility. The following location selection hierarchy shall be considered during identification of the preferred site alternative: (i) nonresidential land use districts not providing transition, (ii) nonresidential Transition Areas (including the Bel-Red Office/Residential Transition (BR-ORT), and (iii) residential areas. The applicant may identify a preferred site alternative in a Residential Land Use District or Transition Area (including the Bel-Red Office/Residential Transition (BR-ORT) upon demonstration that the location has fewer site compatibility impacts than a nonresidential land use district location.

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

a.    Describe the range of technologies considered for the proposed electrical utility facility;

b.    Describe how the proposed electrical utility facility provides reliability to customers served;

c.    Describe components of the proposed electrical utility facility that relate to system reliability; and

d.    Describe how the proposed facility includes technology best suited to mitigate impacts on surrounding properties.

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

E.    Decision Criteria.

In addition to the requirements set forth in Part 20.30B LUC, Part 20.30E LUC, Part 20.25B LUC (if applicable), and other applicable provisions of this section, all proposals to locate or expand electrical utility facilities shall comply with the following:

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

2.    The design, use, and operation of the electrical utility facility complies with applicable guidelines, rules, regulations or statutes adopted by state law, or any agency or jurisdiction with authority;

3.    The applicant shall demonstrate that an operational need exists that requires the location or expansion at the proposed site;

4.    The applicant shall demonstrate that the proposed electrical utility facility improves reliability to the customers served and reliability of the system as a whole, as certified by the applicant’s licensed engineer;

5.    For proposals located on sensitive sites as referenced in Figure UT.5a of the Utility Element of the Comprehensive Plan, the applicant shall demonstrate:

a.    Compliance with the alternative siting analysis requirements of subsection D of this section;

b.    Where feasible, the preferred site alternative identified in subsection D.2.d of this section is located within the land use district requiring additional service and residential land use districts are avoided when the proposed new or expanded electrical utility facility serves a nonresidential land use district;

6.    The proposal shall provide mitigation sufficient to eliminate or minimize long-term impacts to properties located near an electrical utility facility.

F.    Design Standards.

In addition to the requirements set forth in Part 20.30B LUC, Part 20.30E LUC, Part 20.25B LUC (if applicable), and other applicable provisions of this section, all proposals to locate or expand an electrical utility facility shall comply with the following:

1.    Site Landscaping. Electrical utility facilities shall be sight-screened as specified in LUC 20.20.520.F.2 or as required for the applicable land use district. Alternatively, the provisions of LUC 20.20.520.J may be used, provided this subsection does not apply to transmission lines as defined in LUC 20.50.018;

2.    Fencing. Electrical utility facilities shall be screened by a site-obscuring fence not less than eight feet in height, provided this subsection does not apply to transmission lines as defined in LUC 20.50.018. This requirement may be modified by the City if the site is not considered sensitive as referenced in Figure UT.5a of the Utility Element of the Comprehensive Plan, is adequately screened by topography and/or existing or added vegetation, or if the facility is fully enclosed within a structure. To the maximum extent possible, all electrical utility facility components, excluding transmission lines, shall be screened by either a site-obscuring fence or alternative screening;

3.    Required Setback. The proposal (including required fencing) shall conform to the setback requirement for structures in the land use district; and

4.    Height Limitations. For all electrical utility facility components, including transmission lines, the City may approve a request to exceed the height limit for the underlying land use district if the applicant demonstrates that:

a.    The requested increase is the minimum necessary for the effective functioning of the electrical utility facility; and

b.    Impacts associated with the electrical utility facility have been mitigated to the greatest extent technically feasible.

G.    Mitigation Measures.

The City may impose conditions relating to the location, development, design, use, or operation of an electrical utility facility to mitigate environmental, public safety, or other identifiable impacts. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, or other site design elements such as fencing and site landscaping as provided for in subsection F of this section.

H.    Independent Technical Review.

The City may require the applicant pay for independent technical review by a consultant retained by the City for review of materials submitted by the applicant to demonstrate compliance with the requirements of the alternative siting analysis contained in subsection D of this section, the decision criteria contained in subsection E of this section and the design standards contained in subsection F of this section. (Ord. 5876, 5-18-09, § 11; Ord. 5805, 3-3-08, § 8)

20.20.350 Essential public facility (EPF).

A.    Applicability.

This section applies to each essential public facility (EPF) within the City except where a specific use is otherwise identified and regulated in the use charts in LUC 20.10.440 and Chapter 20.25 LUC. The requirements of this section shall be imposed at the establishment of any such EPF use, and upon any addition or modification to any such EPF use or structure housing that use.

Any EPF specifically identified and regulated in the use charts in LUC 20.10.440 and Chapter 20.25 LUC shall be subject to the permitting procedures and requirements for that use, and shall not be subject to this section.

B.    Additional Submittal Requirements.

In addition to the application materials required for any permit required to construct or modify the EPF, the applicant shall submit the following material:

1.    Information demonstrating compliance with any existing multi-jurisdictional siting criteria in selecting the proposed location for the EPF; and

2.    Information regarding all alternative sites considered for the proposed EPF, including information about why such alternative sites were not selected.

C.    Decision Criteria.

In addition to the decision criteria applicable to any permit required to construct or modify the EPF, the City may approve, or approve with modifications, a proposal to construct or modify an EPF if:

1.    The location and design are consistent with any planning document under which the proposing agency, special district or organization operates, as determined by the person or body having authority to interpret such document;

2.    The location, design, use and operation of the EPF complies with any applicable guidelines, rules, regulations or statutes adopted by state law, or any agency or jurisdiction with authority;

3.    A building which houses all or a majority of an EPF must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to an EPF where significant elements of the facility are not housed in a building or to isolated minor elements such as utility meters;

4.    An EPF may be permitted in a Neighborhood Business or Residential Land Use District (R-1 through R-30), only if there is an operational or other need that requires locating in that district to achieve the purpose or function of the EPF;

5.    The City may approve a request to exceed the height limit for the underlying land use district if the applicant demonstrates that:

a.    The requested increase is the minimum necessary for the effective functioning of the EPF; and

b.    Visual and aesthetic impacts associated with the EPF have been mitigated to the greatest extent technically feasible;

6.    If the City determines that the EPF is potentially dangerous to human life, appropriate protective measures may be required.

D.    Conditions.

The City may impose conditions on the location, design, use or operation of the EPF within the scope of the City’s authority in order to mitigate identified environmental, public safety or other impacts of the EPF. (Ord. 5876, 5-18-09, § 12; Ord. 5457, 7-21-03, § 3)

– F –

20.20.400 Fences.

A.    General.

1.    No fence may violate the sight obstruction restrictions at street intersections. (See BCC 14.60.240.)

2.    No fence may exceed four feet, six inches, in height within a required front setback except as follows:

a.    If the fence is perpendicular to the right-of-way and necessary for screening, or is located on an arterial or on one side of a corner lot and does not exceed the minimum height necessary to afford privacy, security, screening or noise attenuation;

b.    Any fence with increased height must meet the following criteria:

i.    The proposed fence will not cause or contribute to a hazardous traffic situation, and

ii.    The proposed fence is necessary to afford reasonable privacy, security or noise attenuation to the subject property, and

iii.    The proposed fence is not out of character with development in the immediate vicinity of the subject property and the finished side of the proposed fence faces the right-of-way or the adjacent property.

3.    Any fence which exceeds eight feet in height requires a Building Permit and shall conform to the International Building Code, as adopted and amended by the City of Bellevue.

4.    Height shall be measured from finished grade at the exterior side of the fence. No person may construct a berm upon which to build a fence unless the total height of the berm plus the fence does not exceed the maximum height allowable for the fence if the berm was not present.

B.    Barbed Wire.

No barbed wire may be used in fencing along a property boundary except at the top of a solid or chain link fence six feet or more in height.

C.    Electric Fences.

Electric fences are not permitted in an R District, except where additional fencing or other barriers prevent access to the fence by small children on the adjacent property. Otherwise, electric fences are permitted provided they comply with the following requirements: (1) An electric fence using an interrupted flow of current at intervals of about one second on and two seconds off shall be limited to 2,000 volts at 17 milliamp, current; (2) An electric fence using continuous current shall be limited to 1,500 volts at 7 milliamp, current. All electric fences shall be posted with permanent signs a minimum of 36 square inches in area at intervals of 15 feet stating that the fence is electrified. Electric fences sold as a complete and assembled unit can be installed by an owner if the controlling elements of the installation are certified by an A.N.S.I. approved testing agency.

D.    Chain Link Security Fences.

May be permitted within the front setback in CB, GC, or LI Districts, or in commercial parking lots and storage areas, providing plans are approved by the Development Services Department upon finding that the fence will not violate sight obstruction standards, BCC 14.60.240, nor stand in, or in front of, any required landscaping. (Ord. 5571, 12-6-04, § 4; Ord. 5089, 8-3-98, §§ 15, 16; Ord. 4654, 6-6-94, § 29; Ord. 4255, 6-3-91, § 2; Ord. 3985, 2-21-89, § 1; Ord. 3498, 5-27-85, § 14; Ord. 3435, 11-27-84)

– G –

– H –

20.20.425 Hard surface.

A.    Purpose.

Limits on the total amount of hard surfaces associated with site development are desirable to minimize vegetation loss and limit stormwater runoff, which are impacted by the increased level of surface flow generated by hard surfaces. Live plant foliage and groundcover intercept stormwater by retaining or slowing the flow of precipitation to the ground, and their roots protect soil from erosion. Preservation of naturally vegetated areas is a passive stormwater management tool that effectively reduces watershed function deterioration.

B.    Applicability.

Hard surfaces are defined in Chapter 20.50 LUC, and shall include all surfaces considered impervious under LUC 20.20.460, as well as permeable pavement surfaces and vegetated roofs. The hard surface limits contained in LUC 20.20.010 and the standards of this section shall be imposed any time a permit, approval, or review including land alteration or land development including subdivisions, short subdivisions or planned unit developments, a change in lot coverage, or a change in the area devoted to parking and circulation is required by this Code, or by the International Building Code.

C.    Exemptions.

The following are exempted from determining maximum hard surface. These exemptions do not apply to any other Land Use Code requirement, including setbacks and limits on maximum lot coverage by structure, building code, utilities code or other applicable City of Bellevue codes or regulations.

1.    Decks/Platforms. Decks and platforms constructed with gaps measuring one-eighth inch or greater between boards, so long as the surface below the deck or platform is pervious;

2.    Rockeries/Retaining Walls. Rockeries and retaining walls shall be exempt from the maximum impervious surface limits;

3.    Stabilization Measures. Shoreline stabilization measures shall be exempt from the maximum impervious surface limits; and

4.    Landscape Features. Fences, arbors with lattice or open roof materials and similar structures, individual stepping stones placed in the ground but not cemented or held together with an impervious material, and organic mulch shall be exempt from the maximum impervious surface limits.

D.    Performance Standards.

1.    Design shall minimize topographic modification. Changes in existing grade outside the building footprint shall be minimized. Excavation shall not exceed 10 feet. Fill shall not exceed five feet subject to the following provisions: all fill in excess of four feet shall be engineered; and engineered fill may be approved in exceptional circumstances to exceed five feet to a maximum of eight feet. Exceptional circumstances are: (a) instances where driveway access would exceed 15 percent slope if additional fill retained by the building foundation is not permitted; or (2) where the five-foot fill maximum generally is observed but limited additional fill is necessary to accommodate localized variations in topography.

2.    High-value natural areas, which include, but are not limited to, retained significant trees and their understory and areas of native vegetation, shall be identified during site development. Locations of buildings, roads and infrastructure shall not impact high-value natural areas. Retained significant trees and their understory and areas of native vegetation shall be fenced and adequately protected during construction, consistent with the provisions in Chapter 23.76 BCC. Native plants should be salvaged from areas to be cleared and transplanted to other areas of the site where feasible.

E.    Maintenance and Assurance.

Pervious pavement and other hard surface techniques designed to mimic shall be designed by a professional engineer licensed by the State of Washington and the plans are approved by the Director. The Director may require a maintenance plan and long-term performance assurance device to ensure the continued function of the pervious pavement or other technique. (Ord. 6323, 11-21-16, § 5)

20.20.450 Helicopters.

A.    Heliports – General Requirements.

1.    In addition to the applicable decision criteria in LUC 20.30B.140 or 20.30E.140, the City shall consider, but not be limited to, the following criteria, in deciding whether to approve or approve with modifications an application for a heliport Conditional Use or Administrative Conditional Use Permit:

a.    In consideration of identified noise impacts, the City may impose conditions restricting the type of aircraft permitted to land at an approved heliport, and conditions which limit the number of daily takeoffs and landings and hours of operation.

b.    The City may impose a periodic review requirement on heliport approvals in order to consider imposing additional conditions to mitigate adverse impacts from new aircraft technology.

c.    The City may consider whether approach and departure paths are obstruction-free and whether residential or critical areas would be adversely affected. The City may also consider whether approach and departure paths abut freeway corridors or waterways.

d.    The City may consider whether the proposed heliport facility will participate in a voluntary noise reduction program such as the “Fly Neighborly Program.”

2.    All applications to construct a heliport must include the results of the appropriate Federal Aviation Administration review. A determination of negative impact on navigable airspace by the FAA will result in denial of a land use or Building Permit unless the applicant agrees to comply with the recommendations to mitigate such impacts. The mitigating measures shall be made conditions of the land use or Building Permit.

3.    Heliport landing areas shall be at least one and one-half times the overall length of the largest helicopter expected to use the facility.

4.    The heliport primary surface shall be of level grade and consist of a dust-proof surface.

5.    Public use heliports shall be marked in accordance with FAA recommendations.

6.    Private use and personal use heliports may be unmarked or marked with individualized markings recognizable to the pilots authorized to use the facility, but may not be marked with the same markings as a public use heliport.

7.    All heliports intended to accommodate night landings shall be lighted in accordance with FAA recommendations.

8.    Access to heliport landing areas, except water surfaces, shall be controlled by physical restraints. If fences, walls, or parapets are used for access control, the minimum height shall be 42 inches.

9.    All approaches to an area of helicopter operations will have conspicuous signs notifying those who approach the operation.

10.    Touchdown Pads.

a.    Recommended Touchdown Pad. The recommended dimension of a touchdown pad is equal to the rotor diameter of the largest helicopter expected to operate from the facility.

b.    Minimum Touchdown Pad. At a heliport that has an extremely low level of activity, smaller areas may be used. Pad dimensions are based on rectangular configurations. A circular pad having a diameter equal to the longer side of the rectangular configuration set forth in subsection A.10.b.i or ii of this section is acceptable. Skid or float length should be substituted for wheelbase as appropriate.

i.    Public Use Heliports. The minimum sized touchdown pad shall have a length and width at least two times the wheelbase and tread, respectively, or a diameter of 2.0 times the wheelbase of the largest helicopter expected to use the facility.

ii.    Private Use or Personal Use Heliports. The minimum sized touchdown pad shall have a length and width at least one and one-half times the wheelbase and tread, respectively, or a diameter of one and one-half times the wheelbase of the largest helicopter expected to use the facility.

11.    Each helicopter landing area shall have at least one obstruction-free heliport approach path conforming to the definition of Heliport Approach Surfaces.

12.    No obstructions, natural or manmade, will be permitted within the Heliport Primary Surface, Heliport Approach Surfaces, or Heliport Transition Surfaces.

13.    The requirements of subsections A.3 through A.12 of this section may be modified in special circumstances upon written technical evaluation and recommendation of the nearest FAA Airports District Office or Washington State Department of Transportation, Division of Aeronautics office.

14.    A hospital emergency-use-only heliport is exempt from the provisions of subsection A.1 of this section but must comply with the requirements in subsections A.2 through A.13 of this section. For purposes of this subsection A.14, “emergency” is defined as when any patient who requires care of significant severity such that alternative means of transport would adversely affect the health of that person.

15.    Government use heliport facilities are exempt from the requirements of subsections A.3 through A.12 of this section. Government heliport design shall be based upon technical evaluation and recommendation of the nearest FAA Airports District Office or Washington State Department of Transportation, Division of Aeronautics office.

16.    A heliport site must have flight path access directly to the interstate highway system which does not require flight over any residential zoned properties.

B.    Helicopter Landing Permits.

1.    A Temporary Use Permit is required for the landing of helicopters at a site other than a City-approved heliport.

2.    A permit is valid for a maximum of 30 days. Conditions may be imposed which limit the number of flights and the hours of operation. The applicant shall be required to execute a hold harmless agreement in favor of the City.

3.    A permit will be refused if the City determines that the proposed landing(s) will pose a substantial threat to the health, safety or welfare of the surrounding community.

4.    Operations of a government authority in cases of emergency, search and rescue, fire and law enforcement are exempt from the permit requirements of this subsection. (Ord. 6016, 8-1-11, § 2; Ord. 5683, 6-26-06, § 8; Ord. 5477, 10-20-03, § 1; Ord. 5475, 10-20-03, § 6; Ord. 4029, 9-5-89, § 3)

– I –

20.20.460 Impervious surface.

A.    Purpose.

Limits on the total amount of impervious surfaces associated with site development are desirable to protect critical areas and limit stormwater runoff, which are impacted by the increased levels and rates of surface flow generated by impervious surfaces.

B.    Applicability.

The impervious surface limits contained in LUC 20.20.010 and Chapter 20.25 LUC, and the standards of this section, shall be imposed any time a permit, approval, or review including land alteration or land development including subdivisions, short subdivisions or planned unit developments, a change in lot coverage, or a change in the area devoted to parking and circulation is required by this Code, or by the International Building Code.

C.    Modifications to Impervious Surface Limits.

The impervious surface limits contained in LUC 20.20.010 and Chapter 20.25 LUC may be modified pursuant to a critical areas report, LUC 20.25H.230, so long as the critical areas report demonstrates that the effective impervious surface on the site does not exceed the limit established in LUC 20.20.010 and Chapter 20.25 LUC.

1.    Garages on sites sloping uphill should be placed below the main floor elevation where feasible to reduce grading and to fit structures into existing topography. Garages on sites sloping downhill from the street may be required to be placed as close to the right-of-way as feasible and at or near street grade. Intrusion into the front setback, as provided in LUC 20.20.025.B, may be required. On slopes in excess of 25 percent, driveways shall be designed to minimize disturbance and should provide the most direct connection between the building and the public or private street; and

2.    Changes in existing grade outside the building footprint shall be minimized. Excavation shall not exceed 10 feet. Fill shall not exceed five feet subject to the following provisions: all fill in excess of four feet shall be engineered; and engineered fill may be approved in exceptional circumstances to exceed five feet to a maximum of eight feet. Exceptional circumstances are: (1) instances where driveway access would exceed 15 percent slope if additional fill retained by the building foundation is not permitted; or (2) where the five-foot fill maximum generally is observed but limited additional fill is necessary to accommodate localized variations in topography.

D.    Exemptions.

The following are exempted from determining maximum impervious surface. These exemptions do not apply to any other Land Use Code requirement, including setbacks and limits on maximum lot coverage by structure, building code, utilities code or other applicable City of Bellevue codes or regulations.

1.    Decks/Platforms. Decks and platforms constructed with gaps measuring one-eighth inch or greater between boards, so long as the surface below the deck or platform is pervious;

2.    Rockeries/Retaining Walls. Rockeries and retaining walls shall be exempt from the maximum impervious surface limits;

3.    Stabilization Measures. Shoreline stabilization measures shall be exempt from the maximum impervious surface limits; and

4.    Landscape Features. Fences, arbors with lattice or open roof materials and similar structures, individual stepping stones placed in the ground but not cemented or held together with an impervious material, and gravel mulch shall be exempt from the maximum impervious surface limits.

E.    Performance Standards.

1.    Design shall minimize topographic modification. Structures shall conform to the natural contour of the slope. The foundation shall be tiered to conform to the existing topography and step down the slope with earth retention incorporated into the structure where feasible. Standard prepared building pads, i.e., slab on grade, shall be avoided; and

2.    Garages on sites sloping uphill should be placed below the main floor elevation where feasible to reduce grading and to fit structures into existing topography. Garages on sites sloping downhill from the street may be required to be placed as close to the right-of-way as feasible and at or near street grade. Intrusion into the front setback, as provided in LUC 20.20.025.B, may be required. On slopes in excess of 25 percent, driveways shall be designed to minimize disturbance and should provide the most direct connection between the building and the public or private street; and

3.    Changes in existing grade outside the building footprint shall be minimized. Excavation shall not exceed 10 feet. Fill shall not exceed five feet subject to the following provisions: all fill in excess of four feet shall be engineered; and engineered fill may be approved in exceptional circumstances to exceed five feet to a maximum of eight feet. Exceptional circumstances are: (1) instances where driveway access would exceed 15 percent slope if additional fill retained by the building foundation is not permitted; or (2) where the five-foot fill maximum generally is observed but limited additional fill is necessary to accommodate localized variations in topography.

F.    Existing Impervious Surfaces.

Impervious surfaces legally established on a site prior to December 31, 2016, and which exceed the limits set forth in LUC 20.20.010 and Chapter 20.25 LUC shall not be considered nonconforming. Proposals to increase impervious surface on a site shall conform to the limits of LUC 20.20.010 and Chapter 20.25 LUC; where a site already exceeds the allowed amount of impervious surface, the additional impervious surface shall not be approved unless an equal amount of existing impervious surface is removed such that the net amount of impervious surface is unchanged.

G.    Innovative Techniques.

Surfaces paved with permeable pavement or other innovative techniques designed to mimic the function of a pervious surface shall not be included in the calculation of impervious surface areas, so long as the technique is designed by a professional engineer licensed by the State of Washington and the plans are approved by the Director. These surfaces, however, shall be included in the calculation of maximum hard surface areas. The Director may require a maintenance plan and long-term performance assurance device to ensure the continued function of the permeable pavement or other technique. (Ord. 6323, 11-21-16, § 6; Ord. 5876, 5-18-09, § 13; Ord. 5683, 6-26-06, § 9)

20.20.470 Inoperable motor vehicles.

An inoperable motor vehicle is defined for the purposes of this section as a motor vehicle which is apparently inoperable or which requires repairs in order to be operated legally on the public roads, such as: repair or replacement of a window, windshield, wheel, tire, motor or transmission. Inoperable motor vehicles shall be screened from neighboring property and the public right-of-way by a legally permitted solid structure or solid fence, or by Type I landscaping as defined in LUC 20.20.520; provided, that open or unscreened storage of an inoperable motor vehicle for a seven-day period while such vehicle is under repair or awaiting repair is permitted. (Ord. 4654, 6-6-94, § 30)

– J –

– K –

– L –

20.20.520 Landscape development.

A.    Purpose.

Landscape development, including retention of significant trees, as required by this section is necessary to maintain and protect property values, to enhance the visual appearance of the City, to preserve the natural wooded character of the Pacific Northwest, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, and to provide a better transition between the various land uses permitted in the City.

B.    Applicability.

The requirements of this section shall be imposed any time a permit, approval, or review including land alteration or land development including subdivisions, short subdivisions or planned unit developments, a change in lot coverage or impervious surface, or a change in the area devoted to parking and circulation is required by this Code, or by the International Building Code, as adopted and amended by the City of Bellevue. However, this section does not apply to a permit for a single-family dwelling, unless restrictions on the removal of significant trees on individual single-family lots have been imposed through prior City approval.

C.    Required Review.

1.    The Development Services Department shall review the proposed landscape development with each application within the applicability of this section.

 

2.    The Utility Department shall review all landscape and irrigation system designs for compliance with BCC 24.02.205 et seq., regarding landscape irrigation water budget requirements of the City Water Utility Code.

D.    Minimum Design Qualification.

If the landscaped area on the subject property which is irrigated exceeds 500 square feet or if the applicant requests Alternative Landscaping Option pursuant to subsection J of this section, the Director shall require approval of the proposed landscape plan by a privately retained registered Landscape Architect, Washington Certified Nurseryman or Washington Certified Landscaper.

E.    Preservation of Significant Trees.

See Tree Retention. LUC 20.20.900.

F.    Site Landscaping.

1.    Perimeter Landscaping Requirements for Use Districts. The applicant shall provide site perimeter landscaping either according to the following chart and subject to subsections F.2 and F.6 of this section; or in conformance with subsection J of this section.

Perimeter Landscaping Requirements for Use Districts

Land Use District in Which the Subject Property is Located3

Street Frontage

(Type and Minimum Depth)

Interior Property Lines

(Type and Minimum Depth)1

R-10, 15, 20, 30

Type III, 10′ but if located in a transition area, and directly abutting S/F2, see Part 20.25B LUC for requirements.

Type III, 8′ but if located in a transition area, and directly abutting S/F2, see Part 20.25B LUC for requirements.

NB, PO, O, OLB, OLB 2, OLB-OS

Type III, 10′ but if located in a transition area, and directly abutting S/F2, R-10, 15, 20 or 30, see Part 20.25B LUC for requirements.4

Type III, 10′ but if located in a transition area, and directly abutting S/F2, R-10, 15, 20 or 30, see Part 20.25B LUC for requirements.4

LI, GC, CB, NMU

Type III, 10′ but if located in a transition area, and directly abutting S/F2, R-10, 15, 20 or 30, see Part 20.25B LUC for requirements.

Type III, 8′ but if located in a transition area, and directly abutting S/F2, R-10, 15, 20 or 30, see Part 20.25B LUC for requirements.

(1)    If approved by the Directors of the Development Services and Utilities Departments, such landscape area may be used for biofiltration swales. If used for biofiltration swales, this area shall be landscaped with quantities and species of plant materials that are compatible with the functional intent of the biofiltration swale. If the property which abuts the subject property is in the same or a more intensive land use district than the subject property, the landscaping required along that common interior property line may be relocated.

(2)    S/F includes the R-1, R-1.8, R-2.5, R-3.5, R-4, R-5, and R-7.5 Land Use Districts.

(3)    Notwithstanding the provisions of this paragraph, landscape development requirements for specific uses are listed in paragraph F.2 of this section.

(4)    Landscape development requirements for the OLB-OS District may be modified pursuant to Part 20.25L LUC.

2.    Planting Requirements for Specific Uses. Notwithstanding the provisions of paragraph F.1 of this section, the uses listed in this paragraph require specific landscaping as follows:

a.    Subject to paragraph F.6 of this section, the following uses require 15 feet of Type I landscaping on all sides when located above ground and not housed within a building or accessory to another use; and if located outside of a public right-of-way:

i.    Electrical utility facility, provided transmission lines are excluded from the requirements of this section;

ii.    Sewage pumping station;

iii.    Water distribution facility.

Alternative landscaping may be approved by the Director of the Development Services Department if the requirements of subsection J of this section are met, and if visibility is essential to safety, security, or maintenance access.

b.    Subject to paragraph F.6 of this section, the following uses require 10 feet of Type II landscaping along the street frontage, and 10 feet of Type III landscaping along interior property lines unless a more stringent requirement is specified in paragraph F.1 of this section:

i.    Church;

ii.    Commercial or public parking lot not serving a primary use;

iii.    Mobile home park;

iv.    Government service building;

v.    Community club;

vi.    Charitable or fraternal organization;

vii.    Hospital not located in the Medical Institution District;

viii.    Solid waste disposal facility.

Alternative landscaping may be approved by the Director of the Development Services Department if the requirements of subsection J of this section are met.

c.    Subject to paragraph F.6 of this section, equipment and vehicle storage yards require 15 feet of Type I landscaping on all sides if in a transition area, or visible from a public right-of-way. Alternative landscaping may be approved by the Director of the Development Services Department if the requirements of subsection J of this section are met.

d.    Subject to paragraph F.6 of this section, the perimeter landscaping requirements for schools are set forth in LUC 20.20.740. Alternative landscaping may be approved by the Director of the Development Services Department if the requirements of subsection J of this section are met.

3.    Parking Area Landscaping. Parking areas require landscaping as follows in addition to any site perimeter landscaping required by paragraph F.1 or F.2 of this section:

a.    Type V landscaping is required within a parking area.

b.    A curb or other physical separation is required around each landscape area to separate that area from the parking and circulation area.

4.    Except for site perimeter landscaping areas required under paragraph F.6 of this section, landscape features such as decorative paving, sculptures, rock features or fountains are permitted in the required site perimeter landscaping area so long as such features are made of pervious materials, or are specifically exempt from impervious surface limits under LUC 20.20.460.D. The area devoted to such a feature may not exceed 50 percent of the required area. Rockeries over 30 inches in height are not rock features for the purpose of this section, and may not be counted toward the required area for landscaping.

5.    All plantings and fences required by this section are subject to the street intersection sight obstruction requirements, BCC 14.60.240. All plant materials must be pruned as necessary to comply with BCC 14.60.240.

6.    Existing Vegetation in Lieu of Landscape Development. If the proposal is located within the Critical Areas Overlay District, the Director shall waive the planting requirements of paragraphs F.1 and F.2 of this section and shall require the use of native vegetation that exists within a critical area or within a critical area buffer in lieu of landscape development if the width of that existing vegetated area equals at least twice the dimension required by paragraph F.1 or F.2 of this section. Supplemental landscaping may be added adjacent to a setback to create the necessary width.

7.    The Director will allow the planting requirements of paragraphs F.1 and F.2 of this section to be satisfied within a critical area buffer where landscaping is added pursuant to a habitat improvement plan meeting the requirements of LUC 20.25H.055.

8.    Site Landscaping Design Standards.

a.    Landscaping plans shall show locations of retained trees, initial size, location and name of plant materials to be installed. For landscaping plans submitted with Building Permits or Clearing and Grading Permits, detailed irrigation plans are required.

b.    Landscaping shall not include irrigated turf strips which are less than five feet in width. Soils within any irrigated turf strip used to satisfy the requirements of this section shall be amended as required by soil amendment standards established by the Director.

c.    Irrigated turf shall not be included on slopes with finished grades in excess of 33 percent.

d.    Landscaping areas which are irrigated shall be designed so that plants are grouped according to distinct hydrozones for irrigation of plants with similar water needs at a good efficiency.

e.    In all newly landscaped areas, soils shall be amended as required by soil amendment standards established by the Director.

f.    Newly landscaped areas, except turf, shall be covered and maintained with at least two inches of organic mulch to minimize evaporation.

G.    Types of Landscaping.

1.    Type I. Purpose. Type I landscaping is intended to provide a very dense sight barrier to significantly separate uses and land use districts.

Description.

a.    Two rows of evergreen trees, a minimum of six feet in height and planted at intervals of no greater than 20 feet on center. The trees must be backed by a sight-obscuring fence, a minimum of five feet high or the required width of the planting area must be increased by 10 feet; and

b.    Shrubs a minimum of three and one-half feet in height planted in an area at least five feet in width, and other plant materials, planted so that the ground will be covered within three years;

c.    Alternatively, the trees and shrubs may be planted on an earthen berm at least 15 feet in width and an average of five feet high along its midline.

2.    Type II. Purpose. Type II landscaping is intended to create a visual separation between uses and land use districts.

Description.

a.    Evergreen and deciduous trees, with no more than 30 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 20 feet on center; and

b.    Shrubs, a minimum of three and one-half feet in height and other plant materials, planted so that the ground will be covered within three years.

3.    Type III. Purpose. Type III landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevations.

Description.

a.    Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; and

b.    If planted to buffer a building elevation, shrubs, a minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years; or

c.    If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted:

i.    Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years.

ii.    Earth-mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a Downtown Land Use District.

iii.    A combination of earth-mounding and shrubs to produce a visual barrier at least three and one-half feet in height.

4.    Type IV. Purpose. Type IV landscaping is intended to provide visual relief where clear sight is desired.

Description.

Plant materials which will cover the ground within three years, and which will not exceed three and one-half feet in height. Trees are also permitted if the trunk is free of branches below six feet in height.

5.    Type V. Purpose. To provide visual relief and shade in parking areas.

Description.

a.    Required Amount.

i.    If the parking area contains no more than 50 parking spaces, at least 17.5 square feet of landscape development must be provided as described in paragraph G.5.b of this section for each parking stall proposed.

ii.    If the parking area contains more than 99 parking spaces, at least 35 square feet of landscape development must be provided as described in paragraph G.5.b of this section for each parking stall proposed.

iii.    If the parking area contains more than 50, but less than 100 parking spaces, the Director shall determine the required amount of landscaping by interpolating between 17.5 and 35 square feet for each parking stall proposed. The area must be landscaped as described in paragraph G.5.b of this section.

b.    Design.

i.    Each area of landscaping must contain at least 100 square feet of area and must be at least four feet in any direction exclusive of vehicle overhang. The area must contain at least one tree at least six feet in height and with a minimum size of one and one-half inches in caliper if deciduous. The remaining ground area must be landscaped with plant materials, decorative mulch or unit pavers.

ii.    A landscaped area must be placed at the interior end of each parking row in a multiple-lane parking area. This area must be at least four feet wide and must extend the length of the adjacent parking stall.

iii.    Up to 100 percent of the trees proposed for the parking area may be deciduous.

H.    Limitation of Landscaping Requirements.

1.    Except in a transition area, the total buildable area of the subject property which is required to be landscaped is limited as follows. The location of this landscaping within the buildable area must meet the purpose and intent of subsections A, F.1 and G of this section.

a.    Twenty percent of the buildable area in an NB, PO, O, OLB or OLB 2 Land Use District;

b.    Fifteen percent of the buildable area in an LI, GC, NMU or CB Land Use District;

c.    Twenty percent of the buildable area of the development area in an OLB-OS Land Use District.

I.    Species Choice.

The applicant shall utilize plant materials which complement the natural character of the Pacific Northwest, and which are adaptable to the climatic, topographic, and hydrologic characteristics of the site, and shall include at least 50 percent native species in the required plantings. If the subject property is within the Critical Areas Overlay District, the applicant shall utilize plant species as specified by the Director which enhance that critical area and critical area buffer. In selecting species, the applicant should utilize plant materials which reduce or eliminate the need for fertilizers, herbicides, or other chemical controls, especially for properties within the Critical Areas Overlay District. Plant materials may not include noxious weeds or species, as designated by the Director.

J.    Alternative Landscaping Option.

1.    The applicant may request a modification of the landscaping requirements set forth in subsections E through I of this section; provided, however, that modification of the provisions of paragraph F.6 of this section may not allow disturbance of a critical area or critical area buffer.

2.    The Director may administratively approve a modification of the landscaping requirements of this chapter if:

a.    The proposed landscaping represents an equal or better result than that which could be achieved by strictly following the requirements of this section; and

b.    The proposed landscaping complies with the stated purpose of this section (subsection A), and with the purpose and intent of paragraphs F.1 and G of this section; and

c.    If a modification of any paragraph excluding subsection E of this section is requested, the proposed landscaping either:

i.    Incorporates the increased retention of significant trees and naturally occurring undergrowth; or

ii.    Better accommodates or improves the existing physical conditions of the subject property; or

iii.    Incorporates elements to provide for wind protection or to maintain solar access; or

iv.    Incorporates elements to protect or improve water quality; or

v.    Incorporates native species in a design that better buffers a critical area and critical area buffer from uses on the site, including parking.

d.    If a modification of subsection E of this section is requested, the proposal either:

i.    Incorporates the retention of significant trees equal in number to what would otherwise be required, or

ii.    Incorporates the retention of other natural vegetation in consolidated locations which promotes the natural vegetated character of the site.

3.    Effect of Approval. Following approval of alternative landscaping by the Director, the applicant may meet the landscaping requirements of this Code by complying with the approved landscape development proposal. A copy of the approved landscape development proposal will be placed in the official file.

K.    Maintenance of Plant Materials.

1.    The property owner shall replace any unhealthy or dead plant materials in conformance with the approved landscape development proposal and shall maintain all landscape material.

2.    The Director shall require a maintenance assurance device for a period of one year from the completion of planting in order to ensure compliance with the requirements of this section in conformance with LUC 20.40.490.

3.    Streetscape plant materials shall be maintained in a manner consistent with the Bellevue Parks and Community Services 2012 “Environmental Best Management Practices and Design Standards,” Chapter 8 – Streetscape Management, now or as hereafter amended.

L.    Performance Assurance.

1.    The required landscaping must be installed prior to issuance of the Temporary Certificate of Occupancy unless the Director determines that a performance assurance device, for a period of not more than one year, will adequately protect the interests of the City. In no case may the property owner delay performance for more than one year.

2.    If a performance assurance device is permitted under paragraph L.1 of this section, the Director shall require an assurance device in conformance with LUC 20.40.490. (Ord. 6366, 8-7-17, § 8; Ord. 6197, 11-17-14, § 11; Ord. 5805, 3-3-08, § 6; Ord. 5683, 6-26-06, §§ 10 – 13; Ord. 5662, 3-20-06, § 1; Ord. 5587, 3-7-05, § 6; Ord. 5571, 12-6-04, § 5; Ord. 5480, 10-20-03, § 9; Ord. 5457, 7-21-03, § 5; Ord. 5431, 1-21-03, § 1; Ord. 5403, 8-5-02, §§ 6, 7; Ord. 5232, 7-17-00, § 5; Ord. 5089, 8-3-98, §§ 17, 18; Ord. 5086, 8-3-98, § 3; Ord. 4979, 3-17-97, § 6; Ord. 4973, 3-3-97, § 601; Ord. 4816, 12-4-95, § 701; Ord. 4302, 11-18-91, §§ 3 – 5; Ord. 4255, 6-3-91, § 3; Ord. 4130, 3-12-90, § 2; Ord. 3775, 5-26-87, §§ 12 – 15; Ord. 3690, 8-4-86, §§ 6, 7; Ord. 3530, 8-12-85, §§ 23 – 25; Ord. 3498, 5-27-85, § 16; Ord. 3145, 9-27-82, § 37)

20.20.522 Light and glare.

To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare in multifamily and commercial land use districts:

A.    Applicability.

The requirements of this section shall be imposed for all new construction and each time a project requires a discretionary land use permit approval.

B.    All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to avoid spillover glare beyond the site boundaries.

C.    Interior lighting in parking garages shall utilize appropriate shielding to prevent spillover upon adjacent uses and the right-of-way. (Ord. 4654, 6-6-94, § 31)

– M –

20.20.525 Mechanical equipment.

A.    Applicability.

The requirements of this section shall be imposed for all new development, and construction or placement of new mechanical equipment on existing buildings, and each time a project requires a discretionary land use permit approval. Mechanical equipment should be installed so as not to detract from the appearance of the building or development.

B.    Design Objectives.

The following objectives apply to the type and placement of mechanical equipment proposed:

1.    To the maximum extent reasonable and consistent with site design objectives, mechanical equipment should be located at or below grade rather than mounted on the roof of a structure.

2.    Where the equipment must be located on the roof, it should be consolidated to the maximum extent reasonable rather than scattered.

3.    Exposed mechanical equipment should be visually screened by a solid, nonreflective visual barrier that equals or exceeds the height of the mechanical equipment.

C.    Implementation.

1.    Mechanical equipment located at or below grade may be placed within a required rear or side setback area unless that setback is in a single-family residential land use district, directly abuts a residential land use district, or that setback is within a critical area, critical area buffer, or critical area structure setback required by Part 20.25H LUC.

2.    Mechanical equipment associated with new single-family residential homes and homes adding more than 1,000 gross square feet in single-family residential land use districts shall be located in the rear yard or, if placed in the side yard outside of the side structure setback, shall provide sound screening to attenuate noise impacts. Mechanical equipment located in the rear yard shall not be placed less than five feet from any property line.

3.    Mechanical equipment located at or below grade will not be included for purposes of calculating lot coverage.

4.    Mechanical equipment shall be visually screened by a solid, nonreflective visual barrier that equals or exceeds the height of the mechanical equipment; provided, that the function of a large satellite dish antenna or an antenna array may not be compromised by the screening requirement. The barrier may be provided by any of the following:

a.    Architectural features, such as parapets or mechanical penthouses;

b.    Walls or solid fencing, of a height at least as high as the equipment it screens;

c.    Vegetation and/or a combination of vegetation and view-obscuring fencing, of a type and size which will provide a dense visual barrier at least as high as the equipment it screens within two years from the time of planting; or

d.    The natural topography of the site or the adjoining property or right-of-way.

5.    Where screening from above is required, mechanical equipment shall be screened by incorporating one of the following measures:

a.    A solid nonreflective roof. The roof may incorporate nonreflective louvers, vents or similar penetrations to provide necessary ventilation or exhaust of the equipment being screened; or

b.    Painting of the equipment to match or approximate the color of the background against which the equipment is viewed.

6.    For development which requires approval of a discretionary land use permit, the City may modify the screening requirements of subsections C.4 and C.5 of this section subject to the criteria set forth in subsection C.7 of this section.

7.    The Director may approve alternative screening measures not meeting the specific requirements of subsection C.4 or C.5 of this section if the applicant demonstrates that:

a.    The proposed alternative screening measures will achieve the design objectives of subsection B of this section and produce an equal or better result than the requirements of subsection C.4 or C.5 of this section; or

b.    When screening of mechanical equipment on an existing roof is required:

i.    The existing roof structure cannot safely support the required screening, or

ii.    The integrity of the existing roof will be so compromised by the required screening as to adversely affect any existing warranty of the performance of the roof. (Ord. 5896, 8-3-09, § 2; Ord. 5683, 6-26-06, § 14; Ord. 5460, 8-4-03, § 4; Ord. 5086, 8-3-98, § 4; Ord. 4973, 3-3-97, § 401; Ord. 4816, 12-4-95, § 501; Ord. 4654, 6-6-94, § 32; Ord. 3775, 5-26-87, § 16; Ord. 3498, 5-27-85, § 24; Ord. 3293, 9-19-83, § 1)

20.20.527 Manufactured homes.

Any designated manufactured home meeting the definition of RCW 35A.63.145 and the certification requirements of RCW 43.22.340 may be used as a dwelling unit provided it is placed on a foundation, connected to all utilities required by the applicable City Construction Codes and meets applicable setback requirements. (Ord. 5478, 10-20-03, § 1; Ord. 5475, 10-20-03, § 7; Ord. 3985, 2-21-89, § 2)

Mobile Home: See Trailer, this chapter.

Moorage: See Shoreline Use Regulations, Chapter 20.25E LUC.

20.20.535 Marijuana uses.

A.    Purpose. The purpose of this section is to regulate marijuana producers, processors, and retailers, medical marijuana cooperatives, and marijuana research regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land use districts and establishing development and performance standards. Marijuana producers, processors, and retailers shall only be permitted when licensed by the Washington State Liquor and Cannabis Board. The production, sale, and possession of marijuana remains illegal under the federal Controlled Substances Act. Nothing herein or as provided elsewhere shall be construed as authority to violate or circumvent federal law.

B.    Applicability. This section applies to marijuana uses licensed by the Washington State Liquor and Cannabis Board.

C.    Review Required – Administrative Conditional Use. An Administrative Conditional Use Permit (Part 20.30E LUC) is required to operate any marijuana use. The Director shall review applications to operate a marijuana use for compliance with this section and with all other applicable provisions of the Bellevue City Code.

D.    Definitions Specific to Marijuana Uses. The definitions codified at WAC 314-55-010, now or as hereafter amended, apply to this section. The following definitions are specific to marijuana uses and shall have the following meanings:

1.    “Director” means the Director of the City of Bellevue’s Development Services Department or his or her designee.

2.    “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

3.    “Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to process marijuana into marijuana concentrates, useable marijuana and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers.

4.    “Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

5.    “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana.

6.    “Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell useable marijuana and marijuana-infused products in a retail outlet.

7.    “Marijuana uses” means the collective of marijuana producer, retailer, and processor.

8.    “Retail outlet” means a location licensed by the State Liquor and Cannabis Board for the retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.

9.    “Useable marijuana” means dried marijuana flowers. The term “useable marijuana” does not include marijuana-infused products.

10.    “Medical marijuana cooperatives” means cooperatives authorized by RCW 69.51A.250, now or as hereafter amended, that are formed by qualifying patients or designated providers to share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative.

11.    “Marijuana research” means research authorized by RCW 69.50.372, now or as hereafter amended, that permits a licensee to produce, process, and possess marijuana for limited research purposes, including to test chemical potency and composition levels; to conduct clinical investigations of marijuana-derived drug products; to conduct research on the efficacy and safety of administering marijuana as part of medical treatment; and to conduct genomic or agricultural research.

E.    Marijuana producers, processors, and retailers, medical marijuana cooperatives, and marijuana researchers must comply with all requirements of Chapters 69.50 and 69.51A RCW, Chapter 314-55 WAC, now or as hereafter amended, and all applicable City of Bellevue ordinances, standards, and codes.

F.    Limitations on Uses. The following limitations shall apply to all marijuana producers, processors, and retailers, unless stated otherwise:

1.    A marijuana producer, retailer, or processor shall not be located within 1,000 feet of the following uses or any use included in Chapter 314-55 WAC now or as hereafter amended:

a.    Elementary or secondary school;

b.    Playgrounds;

c.    Recreation center or facility;

d.    Child care centers;

e.    Public parks;

f.    Public transit centers;

g.    Libraries; and

h.    Any game arcade.

2.    A marijuana retailer shall not be located within 100 feet of the following land use districts: all single-family and multifamily districts (R-1 through R-30).

3.    No marijuana retailer shall be located within 1,000 feet of any other marijuana retailer.

a.    Areas Where No Retail Marijuana Uses Are Located. If two or more marijuana retail applicants seek licensing from the state and propose to locate within 1,000 feet of each other, the City shall consider the entity who is licensed first by the State Liquor and Cannabis Board to be the “first-in-time” applicant who is entitled to site the retail use. First-in-time determinations will be based on the date and time of the state-issued license or conditional license, whichever is issued first. The Director shall make the first-in-time determination, whether in connection with an application for an Administrative Conditional Use Permit or as otherwise appropriate.

b.    First-in-time determinations are location-specific and do not transfer or apply to a new property or site, unless the new site is within the same tax parcel. See subsection G.3 of this section for regulations applying to established retail uses and status of first-in-time determinations.

c.    Appeal of Director Determination. The Director’s first-in-time determination may be appealed pursuant to LUC 20.35.250, Appeal of Process II decisions.

4.    No marijuana producer, processor, or retailer shall be located within 1,000 feet of any park mapped in the City’s Geographic Information System.

5.    Measurement. All separation requirements shall be measured as the shortest straight line distance from the property line of the proposed business location to the property line of the use listed in this section.

6.    No marijuana producer, processor, or retailer shall be allowed in single-family and multifamily land use districts (R-1 – R-30; DNTN-R; BR-R).

7.    No marijuana retailer is allowed as a subordinate or accessory use in any land use district.

8.    With the exception contained in this section, no more than one marijuana retailer shall be permitted within each of the following subareas: Crossroads, Downtown, Eastgate, Wilburton, and Factoria; and no more than two marijuana retailers shall be permitted within the BelRed subarea; except that up to one additional marijuana retailer shall be permitted in excess of the subarea limits provided above if located within either the Medical Institution (MI) or BelRed Medical Office-1 (BR-MO-1) districts of the BelRed and Wilburton subareas. The number of marijuana retailers allowed pursuant to this section shall total no more than six city-wide.

9.    Marijuana shall be grown in a structure. Outdoor cultivation is prohibited.

G.    Marijuana Retail Outlets.

1.    Odor. Marijuana odor shall be contained within the retail outlet so that odor from the marijuana cannot be detected by a person with a normal sense of smell from any abutting use or property. If marijuana odor can be smelled from any abutting use or property, the marijuana retailer shall be required to implement measures, including but not limited to the installation of the ventilation equipment necessary to contain the odor.

2.    Signage for Marijuana Retail Outlets. Retail outlets shall comply with WAC 314-55-155(1), now or as hereafter amended. Additionally, signage for retail outlets must undergo design review in those land use districts requiring such review in the Bellevue Sign Code, Chapter 22B.10 BCC.

3.    First-in-Time – Change in Ownership, Relocation, and Abandonment.

a.    Ownership. The status of a first-in-time determination is not affected by changes in ownership.

b.    Relocation. Relocation of a retail outlet to a new property voids any first-in-time determination previously made as to the vacated property. The determination shall become void on the date the property is vacated. Applicants who may have been previously denied a license due to a first-in-time determination at the vacated property may submit a new application after the prior first-in-time determination becomes void.

c.    Discontinuance. If an existing marijuana retail use is discontinued or abandoned for a period of 12 months with the intention of abandoning that use, then the property shall forfeit first-in-time status. Discontinuance of a licensed retail use for a period of 12 months or greater constitutes a prima facie intent to abandon the retail use. Intent to abandon may be rebutted by submitting documentation adequate to rebut the presumption. Documentation rebutting the presumption of intent to abandon includes but is not limited to:

i.    State licensing review or administrative appeal; or

ii.    Review of building, land use, other required development permits or approvals; or

iii.    Correspondence or other documentation from insurance provider demonstrating an intent to reestablish the use after either a partial or full loss or disruption of the use.

iv.    The Director shall determine whether a retail use has been discontinued, abandoned, or voided, whether in connection with an application for an Administrative Conditional Use Permit or as otherwise appropriate.

d.    Accidental Destruction. First-in-time status is not affected when a structure containing a state-licensed retail outlet is damaged by fire or other causes beyond the control of the owner or licensee; provided redevelopment occurs within 12 months or the licensee provides documentation demonstrating why redevelopment cannot commence within 12 months, otherwise the Director shall determine the retail use abandoned, unless the licensee can demonstrate an intent not to abandon the use. If the retail use cannot be reestablished within 12 months, the licensee shall provide a schedule with reasonable deadlines to establish the use.

e.    Appeal of Director Determination. The Director’s determination of whether a retail use has been discontinued, abandoned, or voided may be appealed pursuant to LUC 20.35.250, Appeal of Process II decisions.

H.    Marijuana Producers and Processors. Marijuana production and processing facilities are allowed only in the Light Industrial land use district and shall comply with the following provisions:

1.    Marijuana production and processing facilities shall be ventilated so that the odor from the marijuana cannot be detected by a person with a normal sense of smell from any adjoining use or property;

2.    Signage for marijuana producers and processors shall comply with the City of Bellevue Sign Code, Chapter 22B.10 BCC.

3.    A screened and secured loading dock, approved by the Director, shall be required. The objective of this requirement is to provide a secure, visual screen from the public right-of-way and adjoining properties, and prevent the escape of odors when delivering or transferring marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products.

I.    Regulations Applicable to All Marijuana Uses.

1.    Security. In addition to the security requirements in Chapter 315-55 WAC, during non-business hours, all marijuana producers, processors, and retailers shall store all marijuana concentrates, useable marijuana, marijuana-infused products, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container in a manner approved by the Director, provided the container is affixed to the building structure.

2.    Release of Liability and Hold Harmless. The permittee of a marijuana use shall provide an executed release in a form approved by the Bellevue City Attorney’s Office to the City of Bellevue, for itself, its agents, officers, elected officials and employees, from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution or seizure of property, or liabilities of any kind that result from any arrest or prosecution for violations of federal or state law relating to operation or siting of a marijuana use. Additionally, within the release document, the permittee of a marijuana use shall indemnify and hold harmless the City of Bellevue and its agents, officers, elected officials, and employees from any claims, damages, or injuries brought by adjacent property owners or other third parties due to operations at the marijuana use and for any claims brought by any of the marijuana use’s members, employees, agents, guests, or invitees for problems, injuries, damages, or liability of any kind that may arise out of the operation of the marijuana use.

J.    Conflicts. In the event of a conflict between Chapters 69.50 and 69.51A RCW, Chapter 314-55 WAC, and this section, the most restrictive provision shall apply. (Ord. 6316, 11-7-16, §§ 2 – 5; Ord. 6253, 8-3-15, § 9)

20.20.540 Multifamily play areas.

A.    New multifamily developments of 10 units or more shall be required, as a condition of Building Permit approval, to provide a minimum of 800 square feet of unpaved, usable open space with lawn or other soft surface for an outdoor children’s play area, plus an additional 50 square feet of usable open space for each additional unit beyond the initial 10 units, up to a maximum of 10,000 square feet, except that this requirement does not apply to multifamily development downtown or to developments devoted exclusively to senior citizen dwellings as defined at LUC 20.50.046.

B.    The following factors shall be considered when designing a children’s play area:

1.    The minimum dimension shall be 25 feet; and

2.    Earth berms, vegetative screening, or fencing should separate the play area from driving and parking areas; and

3.    Residents should have convenient access; and

4.    The design should invite a variety of active and passive recreational activities appropriate for children by utilizing unique natural features, creating gentle slopes or berms, and providing other amenities such as seating benches or play equipment.

C.    The children’s play area shall not be located in a critical area, critical area buffer, or critical area structure setback required by Part 20.25H LUC, or in required street frontage landscaping.

D.    The children’s play area may be dispersed on the site; provided, that the minimum size of each area is 800 square feet or larger.

E.    Usable open space set aside pursuant to this chapter shall be applied toward the open space required through the planned unit development process, Chapter 20.30D LUC et seq.).

F.    Units in a multifamily complex which have private yards exceeding 400 square feet shall not be considered in calculating the children’s play area requirement for the complex. (Ord. 5683, 6-26-06, § 15; Ord. 4973, 3-3-97, § 872; Ord. 4816, 12-4-95, § 972; Ord. 4225, 2-25-91, § 1)

– N –

20.20.560 Nonconforming structures, uses and sites.

A.    Nonconforming Structures.

1.    Repair of an existing nonconforming structure is permitted.

2.    Remodeling of a nonconforming structure is permitted, provided the fair market value of the remodel does not exceed 100 percent of replacement value of the structure over any three-year period. If remodeling exceeds 100 percent of replacement value over any three-year period, the structure shall be brought into compliance with existing Land Use Code requirements.

3.    A nonconforming structure may not be expanded unless the expansion conforms to the regulations of this Code. However, in single-family districts, an expansion may extend along existing building setbacks, provided the area affected by the expansion is not a critical area or critical area buffer.

4.    If a nonconforming structure is destroyed by fire, explosion, or other unforeseen circumstances to the extent of 75 percent or less of its replacement value as determined by the Director for the year of its destruction, it may be reconstructed consistent with its previous nonconformity. If such a structure is destroyed to the extent of greater than 75 percent of its replacement value, then any structure erected and any related site development shall conform to the regulations of this Code.

B.    Nonconforming Uses.

1.    A nonconforming use may be continued by successive owners or tenants, except where the use has been abandoned. No change to a different use classification shall be made unless that change conforms to the regulations of this Code.

2.    If a nonconforming use of a structure or land is discontinued for a period of 12 months with the intention of abandoning that use, any subsequent use shall thereafter conform to the regulations of the district in which it is located. Discontinuance of a nonconforming use for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.

3.    A nonconforming use may be expanded only pursuant to an Administrative Conditional Use Permit if the expansion is not more than 20 percent or 20,000 square feet, whichever is less, or by a Conditional Use Permit if the expansion is over 20 percent or 20,000 square feet.

C.    Nonconforming Sites.

1.    A nonconforming site may not be changed unless the change conforms to the regulations of this Code, except that parking lots may be reconfigured within the existing paved surface.

2.    Upon the restoration of a structure demolished by fire, explosion or other unforeseen circumstances to greater than 75 percent of its replacement value on a nonconforming site, the site shall be brought into conformance with existing Land Use Code requirements.

3.    For remodels of an existing structure made within any three-year period which together exceed 100 percent of the replacement value of the previously existing structure as defined by the Director, the site shall be brought into compliance with existing Land Use Code requirements. For remodels within any three-year period which exceed 30 percent of the replacement value, but do not exceed 100 percent of replacement value, proportional compliance shall be required, as provided in subsection D of this section. Remodels within any three-year period which do not exceed 30 percent of replacement value shall not be required to comply with the requirements of this paragraph.

4.    Upon expansion of any structure or complex of structures within a single site, which is over 50 percent of the existing floor area, the site shall be brought into compliance with existing Land Use Code requirements. If the expansion is 50 percent or less, the site shall be brought into proportional compliance with existing Land Use Code requirements as provided in subsection D below.

 

D.    Proportional Compliance.

1.    A Conformance Plan may be required to identify the site nonconformities as well as the cost of individual site improvements; provided, that the Director may authorize utilization of unit cost estimates from a specified construction cost index.

2.    Required improvements for a nonconforming site: The percentage of required physical site improvements to be installed to reduce or eliminate the nonconformity of the site shall be established by the following formula:

a.    Divide the dollar value of the proposed site improvements by the replacement value of the existing structure(s) as determined by the Director up to 100 percent.

b.    That percentage is then multiplied by the dollar amount identified by the Conformance Plan as necessary to bring the site into compliance.

c.    The dollar value of this equation is then applied toward reducing the nonconformities. Example:

Value of existing structure(s) excluding mechanical systems = $20,000

Value of proposed improvements excluding mechanical systems = $5,000

$20,000 divided into $5,000 equals 25%

Cost identified in Conformance Plan equals $4,000

25% times $4,000 equals $1,000

$1,000 would be applied toward reducing the nonconformities

d.    The Director shall determine the type, location and phasing sequence of the proposed site improvements.

3.    This section shall apply to sidewalks and other frontage improvements and other requirements outlined in BCC 14.60.110, which shall be incorporated into the compliance plan.

E.    Exceptions.

1.    Downtown. The provisions of this section shall not apply in the Downtown Special Overlay District, Part 20.25A LUC. Refer to LUC 20.25A.025 for the requirements for nonconforming uses, structures, and sites located within the Downtown Special Overlay District.

2.    Critical Areas Overlay District. The provisions of this section do not apply to structures or sites nonconforming to the requirements of Part 20.25H LUC. Refer to LUC 20.25H.065 for the requirements for such nonconforming structures and sites.

3.    Shoreline Overlay District. The provisions of this section do not apply to uses, structures or sites nonconforming to the requirements of Part 20.25E LUC. Refer to LUC 20.25E.055 for the requirements for such nonconforming uses, structures and sites.

4.    Bel-Red (BR) Land Use Districts. The provisions of this section do not apply to uses, structures, or sites located in the Bel-Red Land Use Districts. For uses in the Bel-Red Land Use Districts established before May 26, 2009, refer to the existing conditions regulations in LUC 20.25D.060. (Ord. 5876, 5-18-09, § 14; Ord. 5683, 6-26-06, §§ 16, 17; Ord. 5480, 10-20-03, § 10; Ord. 5089, 8-3-98, § 19; Ord. 4979, 3-17-97, § 7; Ord. 4973, 3-3-97, § 201; Ord. 4816, 12-4-95, § 301; Ord. 4638, 4-4-94, § 1; Ord. 4075, 10-23-89, § 1)

– O –

– P –

20.20.590 Parking, circulation and walkway requirements.

A.    Scope.

This section contains standards and design requirements for parking, circulation and internal walkways, except as otherwise provided in Chapter 20.25 LUC for Special and Overlay Districts.

B.    Applicability.

1.    Number of Parking Stalls. The requirements of this section for the number of parking stalls apply to each new use and to each new tenant, except as provided in LUC 20.20.560.C for changes to a nonconforming use. See Part 20.25A LUC for the number of required parking stalls in Downtown Districts.

2.    Other Requirements of this Section. All other standards and design requirements of this section apply to new site development and to site development for the substantial remodel of existing development. See Part 20.25A LUC for other applicable requirements in Downtown Districts.

C.    Submittal Requirements.

1.    General. The Director of the Development Services Department shall specify the submittal requirements, including type, detail and number of copies required in order to determine compliance with this section.

2.    Waiver. The Director of the Development Services Department may waive specific submittal requirements determined to be unnecessary for review of an application.

D.    Required Review.

The Director of the Development Services Department shall review the proposed parking, circulation and walkways and may approve the proposed structure, substantial remodel, site development, use or occupancy only if the requirements of this section are met, subject to the provisions of LUC 20.20.560 for nonconforming uses, structures and sites.

E.    Limitation on Use.

Area devoted to parking, circulation or walkways approved pursuant to this section may not be used for any other purpose, except as authorized by a Temporary Use Permit issued pursuant to Part 20.30M LUC or by other specific approval pursuant to the Bellevue City Code.

F.    Minimum/Maximum Parking Requirement by Use.

1.    Specified Uses. Subject to subsections G and H of this section, the property owner shall provide at least the minimum and may provide no more than the maximum number of parking stalls as indicated below:

 

Use

 

Minimum Number of

Parking Spaces Required

Maximum Number of

Parking Spaces Allowed

a.

Auditorium/assembly room/exhibition hall/theater/commercial recreation (2)

1:4 fixed seats or 10:1,000 nsf

(if there are no fixed seats)

No max.

b.

Boat moorage, public or semi-public

1:2 docking slips

No max.

c.

Financial institution

4:1,000 nsf

5:1,000 nsf

d.

Funeral home/mortuary

1:5 seats

No max.

e.

High technology/industry

4:1,000 nsf

5:1,000 nsf

f.

Home furnishing – retail and major appliances – retail

1.5:1,000 nsf

3:1,000 nsf

g.

Hospital/in-patient treatment facility/outpatient surgical facility

1:patient bed

No max.

h.

(Deleted by Ord. 5790)

 

 

i.

Manufacturing/assembly (other than high technology/light industry)

1.5:1,000 nsf

No max.

j.

Office business services/professional services/general office

4:1,000 nsf

5:1,000 nsf

k.

Office medical/dental/health-related services

4.5:1,000 nsf

5:1,000 nsf

l.

Personal services:

 

 

 

    Without fixed stations

3:1,000 nsf

No max.

 

    With fixed stations

1.5:station

No max.

m.

Residential:

 

 

 

    Single-family detached

2:unit

No max.

 

Multiple unit structure:

 

 

 

    One-bedroom or studio unit

1.2:unit

No max.

 

    Two-bedroom unit

1.6:unit

No max.

 

    Three or more bedroom unit

1.8:unit

No max.

n.

Restaurant:

 

 

 

    Sitdown only

14:1,000 nsf

No max.

 

    With takeout service

16:1,000 nsf

No max.

o.

Retail/mixed retail/shopping center uses (1):

 

 

 

    Less than 15,000 nsf

5:1,000 nsf

5.5:1,000 nsf

 

    15,000 – 400,000 nsf

4:1,000 nsf

4.5:1,000 nsf

 

    400,000 – 600,000 nsf

4:1,000 nsf

5:1,000 nsf

 

    More than 600,000 nsf

5:1,000 nsf

5:1,000 nsf

p.

Senior housing:

 

 

 

    Nursing home

0.33:bed

1:bed

 

    Congregate care senior housing

0.5:unit

1.5:unit

 

    Senior citizen dwelling

0.8:unit

1.5:unit

q.

Rooming/boarding

1:rented room

No max.

r.

Wholesale, warehouse

1.5:1,000 nsf

No max.

s.

Vendor cart

1:cart

No max.

nsf = net square feet (See LUC 20.50.036).

Notes: Minimum/Maximum Parking by Use:

(1)    Office, restaurant and movie theater uses included within a retail/mixed retail/shopping center use (subsection F.1.o of this section) must provide parking stalls as indicated below:

a.    Office Uses. If office uses comprise more than 10 percent of the total net square footage of a retail/mixed retail/shopping center use with 25,000 to 400,000 total nsf, the property owner shall provide parking for all office uses at a ratio of at least 4 parking stalls per 1,000 nsf for all office space. The office net square footage is not used to calculate the parking for other associated uses.

b.    Restaurant Uses. If restaurant uses comprise more than 5 percent of the total net square footage of a retail/mixed retail/shopping center use, the property owner shall provide parking for all restaurant space at a ratio of at least 14 stalls per 1,000 nsf for sitdown restaurants or at least 16 stalls per 1,000 nsf for restaurants with take-out service. The restaurant net square footage is not used to calculate the parking for other uses.

c.    Movie Theaters. Movie theaters in a retail/mixed retail/shopping center use shall provide additional parking as follows:

Size of Retail/Mixed Retail/
Shopping Center Development (nsf)

 

Parking required in addition to
requirements of LUC 20.20.590.F.1

 

Less than 100,000

3.0:100 total seats

100,000 – 199,999 and more than 450 seats

3.0:100 total seats

200,000 and more than 750 seats

3.0:100 total seats

Movie theater square footage is used to calculate the parking for subsection F.1 of this section.

(2)    Room or seating capacity as specified in the International Building Code, as adopted and amended by the City of Bellevue, at the time of the application is used to establish the parking requirement.

2.    Unspecified Uses. The Director of the Development Services Department shall establish the minimum number of parking spaces required and may establish the maximum number of parking spaces allowed for any use not specified in LUC 20.20.590.F.1. The Director of the Development Services Department may consider but is not limited to the following in establishing parking requirements for an unspecified use:

a.    Documentation supplied by the applicant regarding actual parking demand for the proposed use; or

b.    Evidence in available planning and technical studies relating to the proposed use; or

c.    Required parking for the proposed use as determined by other comparable jurisdictions.

3.    Fractions. If the parking requirements of this section result in a fractional requirement, and that fraction is 0.5 or greater the property owner shall provide parking spaces equal to the next higher whole number.

G.    Director’s Authority to Require Parking Exceeding Maximum.

Except within the Downtown, the Director of the Development Services Department may require the installation of more than the maximum number of parking stalls, for other than office uses, if the Director determines that:

1.    Such additional parking is necessary to meet the parking demand for a specified use; and

2.    Cooperative use of parking is not available or adequate to meet demand; and

3.    Any required transportation management program will remain effective.

H.    Existing Parking Exceeding Maximum Allowed.

1.    Spaces Serving Another Use. Parking spaces in excess of the maximum number allowed which serve a use located on another property through a cooperative parking agreement or other document may remain so long as the written, recorded obligation to supply that parking remains effective.

2.    Other Spaces.

a.    General. Notwithstanding LUC 20.20.560, any other parking spaces in excess of the maximum number allowed may remain until there is a substantial remodel of the structure for which the parking is provided. At the time of a substantial remodel, the number of parking stalls must conform to the requirements of this section and the design of all new or modified parking and circulation areas must conform to the requirements of this section. This requirement does not affect the need to comply with site development standards pursuant to LUC 20.20.560.F.

b.    Exception. Notwithstanding LUC 20.20.560, if a substantial remodel results in a total gross floor area for the entire development of 10,000 square feet or less, parking spaces in excess of the maximum allowed may remain.

I.    Shared Use of Parking.

The following provisions apply outside the Downtown Districts:

1.    General. The Director of the Development Services Department may approve shared use of parking facilities located on separate properties if:

a.    A convenient pedestrian connection between the properties exists; and

b.    The properties are within 1,000 feet of each other; and

c.    The availability of parking for all affected properties is indicated by directional signs as permitted by Chapter 22B.10 BCC (Sign Code).

2.    Number of Spaces Required.

a.    Where the uses to be served by shared parking do not overlap their hours of operation, the property owner or owners shall provide parking stalls equal to the greater of the applicable individual parking requirements.

b.    Where the uses to be served by shared parking have overlapping hours of operation, the property owner or owners shall provide parking stalls equal to the total of the individual parking requirements. If the following criteria are met, that total is reduced by 10 percent:

i.    The parking areas share a property line; and

ii.    A vehicular connection between the lots exists; and

iii.    A convenient, visible pedestrian connection between the lots exists; and

iv.    The availability of parking for all affected properties is indicated by directional signs, as permitted by Chapter 22B.10 BCC (Sign Code).

3.    Documentation Required. Prior to establishing shared use of parking, the property owner or owners shall file with the King County Division of Records and Elections and with the Bellevue City Clerk a written agreement approved by the Director of the Development Services Department providing for the shared parking use. The agreement shall be recorded on the title records of each affected property.

J.    Off-Site Accessory Parking Location.

The following provisions apply outside the Downtown Districts:

1.    General. Except as provided in paragraph J.2 of this section, the Director of the Development Services Department may authorize a portion of the approved parking for a use to be located on a site other than the subject property if:

a.    Adequate visitor parking exists on the subject property; and

b.    Adequate pedestrian, van or shuttle connection between the sites exists; and

c.    The sites are located within 1,000 feet of each other; and

d.    Adequate directional signs in conformance with Chapter 22B.10 BCC (Sign Code) are provided.

2.    District Limitations. Off-site parking located in a residential land use district may only serve a use also located and allowed pursuant to LUC 20.10.440 in the same district.

3.    Documentation Required. Prior to establishing off-site parking or any use to be served thereby, the property owner or owners shall file with the King County Division of Records and Elections and the Bellevue City Clerk a written agreement approved by the Director of the Development Services Department providing for the off-site parking use. The agreement shall be recorded on the title records of each affected property.

K.    Parking Area and Circulation Improvements and Design.

Parking of vehicles for all uses is only permitted in parking areas that meet the requirements of this section; except that, vehicles on residential lots may also be parked in areas that meet the requirements of LUC 20.20.720 and 20.20.890 relating to the storage of recreational vehicles and trailers.

1.    Materials. A parking and circulation area must be hard-surfaced and conform to any applicable City of Bellevue Development Standards as now or hereafter amended. For purposes of this section, the term hard-surfaced includes pavers, stones, bricks or other similar materials placed to support vehicle circulation, but also allow rain and other water to penetrate the surface (i.e., “grasscrete”). Hard-surfaced also includes innovative pavement techniques approved pursuant to LUC 20.20.460.G. Existing legally established parking areas within critical areas and critical area buffers are exempt from the requirement to use hard-surfaced materials. The Director of the Development Services Department may approve a gravel surface for parking and circulation areas used on a temporary basis during construction pursuant to paragraph K.10 of this section.

2.    Marking Required. The property owner shall delineate car stalls, directional arrows and crosswalks within parking areas using paint or other methods approved by the Director of the Development Services Department.

3.    Driveways.

a.    Entrances and Exits. The Director of the Transportation Department shall fix the location, width, and manner of approach of vehicular ingress and egress from a parking area in conformance with Chapter 14.60 BCC. The Director of Transportation may require the property owner to alter ingress or egress as necessary to control traffic in the interest of public safety and general welfare. Wherever available, the property owner shall provide access from commercial or multifamily property onto streets which do not abut R-1, R-1.8, R-2.5, R-3.5, R-4, R-5, or R-7.5 Districts.

b.    Combined Driveway. The owners of adjoining properties shall provide combined driveways wherever practical. In conjunction with approval of a development, the City may require a property owner to provide an access and circulation easement to an abutting owner where joint access is reasonable to serve future development.

c.    Driveway Dimensions. Internal circulation driveways that do not provide direct access to parking stalls must be a minimum of 20 feet wide for two-way traffic and 15 feet wide for one-way traffic unless otherwise specified by the Director of the Development Services Department or by the Fire Marshal.

4.    Loading Space.

a.    General. A property owner shall provide an off-street loading space which can access a public street. The number and size of loading spaces must be equal to the maximum number and size of vehicles which would be simultaneously loaded or unloaded in connection with the business conducted on the property.

b.    Loading Space Dimension.

i.    Standard Requirement. Each loading space must be a minimum of 10 feet wide and 55 feet long. Where a loading space is adjacent to an arterial, the property owner shall provide an additional 40-foot maneuvering length.

ii.    Reduction. The Director of the Development Services Department may reduce required stall length and maneuvering length if the property owner demonstrates that known delivery vehicles can park and maneuver within the proposed loading and maneuvering spaces so that no part of a vehicle using or maneuvering into the loading space projects into a public right-of-way, access easement or private road.

c.    Waiver. If the property owner demonstrates that the development has and will have no loading needs, the Director of the Development Services Department may waive the requirements of paragraphs K.4.a through b of this section. Additionally, the Director of the Development Services Department may waive the requirements of paragraphs K.4.a through b if the applicant has obtained a Right-Of-Way Use Permit approving on-street loading.

5.    Drive-Through Facility Stacking Lanes. A property owner proposing a drive-through facility shall provide seven stacking spaces for each drive-through station in addition to the parking required by this section. Each lane of stacking space must be at least nine feet wide and must be delineated with pavement markings. Each stacking space must be at least 12 feet long; however, individual spaces within the lane may not be delineated with pavement markings. Stacking lanes may not be located within required driveway, internal circulation drive, or parking aisle widths.

6.    Grade Separation Protection. Where a parking area, service yard or other vehicle area slopes or has a drop-off grade separation, the property owner shall install a wall, railing or other barrier which will prevent a slow-moving or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges.

7.    Landscaping.

a.    Required Landscaping. The property owner shall provide parking area landscaping as required by LUC 20.20.520.

b.    Reserved Parking in Landscaping.

i.    General. The property owner shall plant reserved parking required by subsections F and G of this section subject to approval of the proposed landscape plan by the Director of the Development Services Department.

ii.    Exempt from Landscape Limitation. Reserved parking in landscaping does not contribute to required landscape development or to the total site area in landscape development for purposes of applying LUC 20.20.520 or any other landscape or open space requirement of this Code.

8.    Internal Walkways.

a.    When Required. The property owner shall install internal walkways in each new development or substantial remodel of existing development in R-10, R-15, R-20, R-30, NB, PO, O, OLB, OLB-OS, CB, LI, GC, MI or Downtown Land Use Districts. In addition, schools in all land use districts shall install internal walkways in each new facility or substantial remodel of an existing facility.

b.    Location. The property owner shall provide internal walkways around the building to the extent necessary to assure safe access to the building from parking areas, adjacent properties, and public sidewalks or street rights-of-way and to assure consistency with the requirements of Part 20.25A LUC. All required internal walkways must be located and constructed as an integrated part of existing sidewalks and pedestrian trails, and must coordinate with City plans for pedestrian circulation, including, but not limited to, the Comprehensive Plan, formed or planned Local Improvement Districts, and approved Capital Improvement Projects.

c.    Design Criteria. Except as otherwise specified in Part 20.25A LUC, internal walkways provided pursuant to this section must be designed and installed in conformance with the following:

i.    Surface Materials. Internal walkways must be paved with hard-surfaced material such as concrete, asphalt, stone, brick, tile, permeable pavement, etc. Only nonskid paving may be used in walkway construction.

ii.    Walkway Marking. Internal walkways must be curbed and raised at least six inches above the parking lot grade except where they cross driveways or aisles or where necessary to meet handicap requirements. Alternatively, the Director of the Development Services Department may approve walkways delineated by distinctive paving material or marking when adequate pedestrian safety is provided.

iii.    Width. Internal walkways must be a minimum of four feet wide, exclusive of parked car overhangs. Where necessary to ensure four feet of unobstructed walkway, wheel stops are required.

iv.    Stairs.

(1)    General. Within any continuous exterior flight of stairs that is part of an internal walkway system, the largest riser height must not exceed the smallest by more than three-eighths of an inch and the largest tread run must not exceed the smallest by more than three-eighths of an inch.

(2)    Adjacent Flights of Stairs. A flight of stairs that is connected with any other flight of stairs may have different rise and tread dimensions only if the flights of stairs are separated by at least eight horizontal feet of walkway that is constructed at a constant elevation.

v.    Lighting. Night lighting must be provided where stairs, curbs, ramps or abrupt changes in walk direction occur.

vi.    Markings. Where pedestrian walks cross parking areas or automobile circulation lanes, the pedestrian walk must be defined by use of a contrasting material or marking, including but not limited to white concrete in an asphalt area, visually obvious paint stripes or other clearly defined pattern.

vii.    Handrails. The Director of the Development Services Department may require handrails where more than two risers exist and the use of such stairs warrants handrails for safety reasons.

9.    Compact Parking.

a.    Maximum Amount. For all uses, the property owner may design and construct up to 50 percent of the approved parking spaces in accordance with the dimensions for compact stalls provided in paragraph K.11 of this section.

b.    Identification Required. The property owner must identify compact stalls within the parking area through the use of pavement markings. The designation of compact stalls must be included on the site plan.

10.    Temporary Construction Parking – Permit Required. The property owner shall obtain a Temporary Use Permit pursuant to Part 20.30M LUC for an off-site construction parking area.

11.    Minimum Dimensions.

a.    Landscape Areas Excluded. Parking area dimensions do not include any area devoted to landscape development or open space except as provided for reserve parking areas pursuant to paragraph K.7.b of this section. If a stall is designed to include an overhang into landscaped or open space, that landscaped or open space is not counted toward meeting the requirements of LUC 20.20.520 or any other landscape or open space requirement of this Code.

b.    Structured Parking Height Clearance. Vehicle height clearance for structured parking must be at least seven and one-half feet for the entry level.

c.    Stall Overhang. Parking areas may be designed so that the car bumper overhangs the curb into landscape areas. If overhangs are provided, the stall length may be reduced by the same number of linear feet as the bumper overhang up to the following:

Maximum Bumper Overhang

Parking Angle

Less Than 60°

 

Parking Angle

60° or More

Compact

Standard

 

Compact

Standard

1.5 ft.

2.0 ft.

 

2.0 ft.

2.5 ft.

d.    Stall and Aisle Dimensions. Off-street parking dimensions may not be less than as shown on the following tables and plates, except as otherwise approved by the Director of the Development Services Department.

Table 1
One-Way Traffic and Double Loaded Aisles

Parking Bay Width

Parking Angle

8′-4″ S.S. Stalls*

8′-6″ S.S. Stalls

8′-8″ S.S. or 8′-4″ D.S. Stalls

8′-10″ S.S. or 8′-6″ D.S. Stalls

9′-0″ S.S. or 8′-8″ D.S. Stalls

9′-2″ S.S. or 8′-10″ D.S. Stalls

9′-4″ S.S. or 9′ D.S. Stalls

30

43′0″

43′0″

43′0″

43′0″

43′0″

43′0″

43′0″

35

45′3″

45′3″

45′3″

45′3″

45′3″

45′3″

45′3″

40

47′4″

47′0″

47′0″

47′0″

47′0″

47′0″

47′0″

45

50′3″

49′10″

49′5″

49′0″

48′7″

48′5″

48′5″

50

52′8″

52′3″

51′10″

51′5″

51′0″

50′6″

50′1″

55

54′7″

54′2″

53′9″

53′4″

52′11″

52′5″

52′0″

60

56′5″

55′11″

55′5″

55′0″

54′6″

54′0″

53′7″

65

58′2″

57′8″

57′2″

56′8″

56′2″

55′8″

55′2″

70

59′7″

59′0″

58′6″

58′0″

57′6″

57′0″

56′6″

75

60′11″

60′4″

59′9″

59′2″

58′8″

58′1″

57′7″

80

62′2″

61′7″

61′0″

60′5″

59′10″

59′3″

58′8″

85

63′2″

62′6″

61′11″

61′3″

60′8″

60′1″

59′6″

90

64′0″

63′4″

62′8″

62′0″

61′4″

60′8″

60′0″

*Minimum Stall Width

Note:    S.S. means single striped stalls;

    D.S. means double striped stalls

Table 2
One-Way Traffic and Single Loaded Aisles

Parking Bay Width

Parking Angle

8′-4″ S.S. Stalls*

8′-6″ S.S. Stalls

8′-8″ S.S. or 8′-4″ D.S. Stalls

8′-10″ S.S. or 8′-6″ D.S. Stalls

9′-0″ S.S. or 8′-8″ D.S. Stalls

9′-2″ S.S. or 8′-10″ D.S. Stalls

9′-4″ S.S. or 9′ D.S. Stalls

30

27′6″

27′6″

27′6″

27′6″

27′6″

27′6″

27′6″

35

28′7″

28′7″

28′7″

28′7″

28′7″

28′7″

28′7″

40

29′11″

29′11″

29′6″

29′11″

29′6″

29′6″

29′6″

45

31′11″

31′6″

31′1″

30′8″

30′3″

30′3″

30′2″

50

33′10″

33′5″

33′0″

32′7″

32′2″

31′9″

31′4″

55

35′7″

35′1″

34′7″

34′2″

33′8″

33′3″

32′10″

60

37′3″

36′9″

36′3″

35′9″

35′3″

34′9″

34′4″

65

38′9″

38′2″

37′8″

37′2″

36′8″

36′2″

35′8″

70

40′3″

39′8″

39′2″

38′7″

38′1″

37′6″

37′0″

75

41′8″

41′1″

40′7″

40′0″

39′5″

38′10″

38′4″

80

43′1″

42′6″

41′11″

41′4″

40′9″

40′2″

39′7″

85

44′6″

43′10″

43′3″

42′7″

42′0″

41′4″

40′9″

90

46′0″

45′4″

44′8″

44′0″

43′4″

42′8″

42′0″

*Minimum Stall Width

Note:    S.S. means single striped stalls;

    D.S. means double striped stalls

Table 3
Two-Way Traffic and Double Loaded Aisles

Parking Bay Width

Parking Angle

8′-4″ S.S. Stalls*

8′-6″ S.S. Stalls

8′-8″ S.S. or 8′-4″ D.S. Stalls

8′-10″ S.S. or 8′-6″ D.S. Stalls

9′-0″ S.S. or 8′-8″ D.S. Stalls

9′-2″ S.S. or 8′-10″ D.S. Stalls

9′-4″ S.S. or 9′ D.S. Stalls

30

51′2″

51′2″

51′2″

51′2″

51′2″

51′2″

51′2″

35

53′3″

53′3″

53′3″

53′3″

53′3″

53′3″

53′3″

40

54′10″

54′10″

54′10″

54′10″

54′10″

54′10″

54′10″

45

56′4″

56′4″

56′4″

56′4″

56′4″

56′4″

56′4″

50

57′8″

57′8″

57′7″

57′7″

57′7″

57′6″

57′6″

55

58′11″

58′9″

58′8″

58′7″

58′6″

58′5″

58′4″

60

59′11″

59′9″

59′7″

59′5″

59′3″

59′1″

58′11″

65

60′11″

60′8″

60′5″

60′2″

59′11″

59′8″

59′5″

70

61′10″

61′5″

61′1″

60′9″

60′5″

60′1″

59′9″

75

62′7″

62′1″

61′8″

61′3″

60′9″

60′4″

59′11″

80

63′3″

62′8″

62′2″

61′7″

61′1″

60′6″

60′0″

85

63′9″

63′1″

62′6″

61′10″

61′3″

60′7″

60′0″

90

64′0″

63′4″

62′8″

62′0″

61′4″

60′8″

60′0″

*Minimum Stall Width

Note:    S.S. means single striped stalls;

    D.S. means double striped stalls

Table 4
Two-Way Traffic and Single Loaded Aisles

Parking Bay Width

Parking Angle

8′-4″ S.S. Stalls*

8′-6″ S.S. Stalls

8′-8″ S.S. or 8′-4″ D.S. Stalls

8′-10″ S.S. or 8′-6″ D.S. Stalls

9′-0″ S.S. or 8′-8″ D.S. Stalls

9′-2″ S.S.
or 8′-10″ D.S. Stalls

9′-4″ S.S. or 9′ D.S. Stalls

30

35′6″

35′6″

35′6″

35′6″

35′6″

35′6″

35′6″

35

36′6″

36′6″

36′6″

36′6″

36′6″

36′6″

36′6″

40

37′6″

37′6″

37′6″

37′5″

37′5″

37′5″

37′5″

45

38′6″

38′6″

38′5″

38′5″

38′4″

38′4″

38′3″

50

39′5″

39′4″

39′3″

39′3″

39′2″

39′1″

39′0″

55

40′3″

40′1″

40′0″

39′11″

39′10″

39′9″

39′8″

60

41′1″

40′11″

40′10″

40′8″

40′7″

40′5″

40′4″

65

41′11″

41′8″

41′6″

41′4″

41′2″

41′0″

40′10″

70

42′9″

42′6″

42′3″

42′0″

41′9″

41′6″

41′4″

75

43′7″

43′3″

42′11″

42′7″

42′3″

41′11″

41′8″

80

44′5″

44′0″

43′7″

43′2″

42′9″

42′4″

41′11″

85

45′3″

44′8″

44′2″

43′7″

43′1″

42′6″

42′0″

90

46′0″

45′4″

44′8″

44′0″

43′4″

42′8″

42′0″

*Minimum Stall Width

Note:    S.S. means single striped stalls;

    D.S. means double striped stalls

Table 5
Parking Design Standards for Compact Cars

Parking Bay Width

Parking Angle

One-Way (1)

Double-Loaded Aisles,

7′-6″ Stalls

One-Way (2)

Single-Loaded Aisles,

7′-6″ Stalls

Two-Way (3)

Double-Loaded Aisles,

7′-6″ Stalls

Two-Way (4)

Single-Loaded Aisles,

7′-6″ Stalls

30

38′4″

25′2″

46′6″

33′2″

35

40′0″

26′0″

48′0″

34′0″

40

41′4″

26′8″

49′6″

34′8″

45

41′6″

27′3″

50′6″

35′3″

50

43′6″

27′10″

51′3″

35′10″

55

44′2″

28′1″

51′6″

36′2″

60

45′1″

29′0″

51′6″

36′6″

65

47′0″

30′5″

51′6″

36′8″

70

48′4″

32′0″

51′6″

36′9″

75

49′6″

33′6″

51′6″

36′9″

80

50′5″

34′9″

51′6″

36′9″

85

51′0″

35′11″

51′6″

36′9″

90

51′6″

36′9″

51′6″

36′9″

(1) See Table 1 for an illustration of One-Way Double-Loaded Aisles.

(2) See Table 2 for an illustration of One-Way Single-Loaded Aisles.

(3) See Table 3 for an illustration of Two-Way Double-Loaded Aisles.

(4) See Table 4 for an illustration of Two-Way Single-Loaded Aisles.

(Ord. 6323, 11-21-16, § 7; Ord. 6197, 11-17-14, § 12; Ord. 5876, 5-18-09, § 15; Ord. 5790, 12-3-07, § 4; Ord. 5717, 2-20-07, § 4; Ord. 5683, 6-26-06, § 18; Ord. 5587, 3-7-05, § 7; Ord. 5571, 12-6-04, § 6; Ord. 5431, 1-21-03, § 2; Ord. 5403, 8-5-02, § 8; Ord. 5297, 6-18-01, § 1; Ord. 5089, 8-3-98, §§ 20, 21, 22; Ord. 4973, 3-3-97, §§ 203, 865; Ord. 4816, 12-4-95, §§ 303, 965; Ord. 4654, 6-6-94, § 33; Ord. 4646, 5-2-94, § 2; Ord. 4028, 7-17-89, § 4; Ord. 3747, 1-20-87, § 5)

20.20.620 Produce stands.

A.    Temporary stands for the sale of fruit or vegetables may be erected in any zoning district for the duration of the harvest season so long as:

1.    Setback requirements are met;

2.    The vendor provides safe vehicular and pedestrian ingress and egress from the street to the temporary stand;

3.    The site provides adequate parking;

4.    The stand meets technical code requirements for utilities and structural integrity;

5.    Refuse, recycling, and similar containers are sight-screened and are made of sound-muffling material such as molded plastic;

6.    Lighting is in accordance with LUC 20.20.522;

7.    Such temporary stand is removed by the vendor at the end of the harvest season.

B.    Permanent stands for the sale of fruit and vegetables may be erected in zoning districts permitting such retail sales and are exempt from Design Review requirements so long as:

1.    Setback requirements are met;

2.    The vendor provides safe vehicular and pedestrian ingress and egress from the street to the stand;

3.    The site provides parking for retail uses according to the requirements of LUC 20.20.590 or district-specific parking requirements contained in Chapter 20.25 LUC;

4.    The stand meets technical code requirements for utilities and structural integrity;

5.    Refuse, recycling, and similar containers are sight-screened and are made of sound-muffling material such as molded plastic;

6.    Lighting is designed to prevent spillover of light from the site to surrounding properties; and

7.    Where interior property lines abut residentially zoned property, sight-screening in the form of solid board fencing, evergreen plantings, berming, or a combination thereof, to a height of six feet, is provided. (Ord. 5876, 5-18-09, § 16; Ord. 4654, 6-6-94, § 35)

20.20.650 Public utilities – Design and performance standards.

A.    Utility Facility Site Standards.

1.    Architectural Form and Character. A building which houses all or a majority of a utility facility must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to a utility facility where significant elements of the facility are not housed in a building or to isolated minor elements such as pad-mounted transformers, telephone pedestals and metering stations.

2.    Screening and Fence Requirements.

a.    A utility facility must be sight-screened as specified for that use in LUC 20.20.520.F.2 or as required by district-specific landscape standards contained in Chapter 20.25 LUC. Alternatively, the provisions of LUC 20.20.520.J may be used.

b.    If the Director of the Development Services Department and the Transportation or Utilities Director, as applicable, determine that the utility facility is potentially dangerous to human life, an eight-foot fence may be required.

3.    Required Setback.

a.    Any structure, facility or fence must conform to the setback requirement for structures in the land use district in which the structure, facility or fence is located, except as specified in subsection A.3.b of this section.

b.    The minimum side setback for a structure, facility or fence in an R Land Use District is 20 feet.

B.    Regional Utility System Standards.

In addition to compliance with the decision criteria of LUC 20.30B.140 or 20.30C.155, a Regional Utility System must:

1.    Minimize adverse impacts on the properties through which the system passes through the location, design and construction techniques used and by providing restoration sufficient to eliminate or minimize long-term impacts to property and surrounding land uses; and

2.    Utilize the best available technology; and

3.    Be necessary for the effective functioning of the utility. It must also be demonstrated that no practical alternative to the proposal with less severe impacts exists.

C.    Exempt Activity.

The following are exempt from the requirements of subsections A and B of this section:

1.    Minor modifications, maintenance, repair, or replacement of elements of an existing utility facility or regional utility system, which is otherwise subject to the requirements of subsection A or B of this section;

2.    Emergency installation or operation, but not exceeding 30 calendar days, of a utility facility or regional utility system, which is otherwise subject to the requirements of subsection A or B of this section. Any required permit or standard must be obtained or met as soon as possible thereafter; and

3.    Electrical utility facilities, which are subject to LUC 20.20.255. (Ord. 5876, 5-18-09, § 17; Ord. 5805, 3-3-08, § 5; Ord. 5480, 10-20-03, § 11; Ord. 3778, 5-26-87, § 1)

20.20.680 Public transportation shelters.

Public transportation shelter stations may be located in a required setback subject to the street intersection sight obstruction requirements of BCC 14.60.240. (Ord. 5089, 8-3-98, § 23; Ord. 4654, 6-6-94, § 36; Ord. 3145, 9-27-82, § 46)

– R –

20.20.700 Rooming houses.

A.    Rooming houses, where permitted, shall comply with the following:

1.    The rooming house shall be located in a detached single-family dwelling on its own parcel; and

2.    The rooming house shall offer no more than four rooms for rent to not more than a total of five individuals at any one time; and

3.    All rooms offered for rent shall be legally established bedrooms; and

4.    An owner, landlord, or registered agent shall be identified as the party responsible and accountable for compliance with the provisions of this section. Said party shall be local, and the name and contact information for that party shall be filed with the City prior to establishing the rooming house; and

5.    Legal on-site parking exists or shall be provided in a quantity equal to the number of bedrooms leased or available for lease; and

6.    Appropriate provisions shall be made for maintenance of the property exterior; and

7.    Appropriate provisions shall be made for refuse collection, including trash, recycling, and yard waste.

B.    A rooming house shall comply with City of Bellevue noise and nuisance laws and health and safety codes, and with all other applicable City and State codes and regulations.

C.    The owner, landlord, or registered agent designated pursuant to subsection A.4 of this section shall be the “person responsible for the violation” in any civil violations proceedings under the terms of Chapter 1.18 BCC for failure to comply with this section. Tenants shall not be identified as responsible parties by virtue of signing a lease prepared by the owner, landlord, or registered agent for renting a room in a rooming house. (Ord. 6223, 4-6-15, § 4; Ord. 3145, 9-27-82, § 47)

20.20.720 Recreational vehicles, watercraft, and utility trailers.*

A.    Parking or storage of recreational vehicles, watercraft (whether mounted on trailers or unmounted), or utility trailers, except for loading and unloading activities completed within a three-day period within any given two-week period, is not permitted within a Residential Land Use District (R-1 – R-30), unless there is compliance with the following:

1.    The recreational vehicle, watercraft (except for kayaks and canoes which need not be sight-screened), or utility trailer is housed within a vented garage or within a carport which is sight-screened from abutting properties by solid board fencing or sight-obscuring landscaping at least six feet in height.

2.    The recreational vehicle, watercraft (except for kayaks and canoes which need not be sight-screened), or utility trailer may be located within a side or rear yard if in compliance with setback requirements applicable to accessory structures and sight-screened from abutting properties by solid board fencing or sight-obscuring landscaping at least six feet in height.

3.    If there is no reasonable access to a rear or side yard, either one recreational vehicle, watercraft or utility trailer not exceeding 28 feet in length may be located in the front yard as follows:

a.    In the driveway perpendicular to the right-of-way, provided setback requirements applicable to the primary structure are met and the vehicle or watercraft is sight-screened from the closest abutting property by solid board fencing or sight-obscuring landscaping at least six feet in height; or

b.    Within the required front setback area, provided the vehicle or watercraft is completely sight-screened from the right-of-way and from the closest abutting property. The sight screening must consist of plant material; however, a gate is permissible if necessary to maneuver the vehicle or watercraft;

c.    A vehicle or watercraft stored under this subsection A.3 must be licensed and operable.

4.    For purposes of this section, all sides of a property which abut a right-of-way constitute a front yard.

B.    One recreational vehicle may be used as a temporary dwelling on a lot already containing another dwelling unit for up to five days without a permit and for an extended period not to exceed 30 days upon issuance of a Temporary Use Permit by the City.

1.    The permit issued must be affixed to the recreational vehicle in such a manner that it is prominently displayed and visible, to the extent possible, from a public right-of-way.

2.    Recreational vehicles meeting the requirements of this subsection may be parked within a front yard, need not be sight-screened and need not comply with accessory structure setback requirements for the effective period of the permit.

3.    No more than one Temporary Use Permit may be granted within any three-month period.

C.    Parking or storage of recreational vehicles, watercraft or utility trailers for compensation is not permitted within a Residential Land Use District (R-1 – R-30). This subsection does not apply to storage facilities provided exclusively for tenants of multifamily dwelling complexes.

D.    This section does not apply to vehicles with camper shells or to watercraft moored over water.

E.    Recreational vehicles, watercraft and utility trailers which exceed 40 feet in length are not permitted in any Residential Land Use Districts (R-1 – R-30).

F.    As to recreational vehicles only, the requirements of subsection A of this section shall not apply to a residence if one or more occupants thereof has a current windshield placard or special license plate issued to them by the State of Washington as a qualified disabled person in accordance with RCW 46.19.010. Persons claiming this exemption shall apply to the Director for approval thereof. The Director shall establish procedures and standards for acting on exemption requests hereunder. Only one recreational vehicle per residence may be exempted under this provision. (Ord. 6197, 11-17-14, § 13; Ord. 5475, 10-20-03, § 8; Ord. 5090, 8-3-98, § 1; Ord. 4552, 8-4-93, § 1; Ord. 3985, 2-21-89, § 3)

*    Not effective within the jurisdiction of the East Bellevue Community Council.

20.20.725 Recycling and solid waste collection areas.

All new development for multifamily housing exceeding four units, commercial, office, and manufacturing uses shall provide on-site collection areas for recyclable materials and solid waste, as those terms are used in Chapter 9.26 BCC, as follows:

A.    The recycling and solid waste collection areas shall be accessible to residents and/or workers of the proposed development;

B.    There shall be at least one solid waste collection area provided in each development;

C.    There shall be one recycling collection area per 30 dwelling units in multifamily complexes;

D.    The recycling collection area shall be at least:

1.    One and one-half square feet per dwelling unit in multifamily developments exceeding four units,

2.    Two square feet per 1,000 gross square feet in office developments,

3.    Five square feet per 1,000 gross square feet in retail development,

4.    Three square feet per 1,000 gross square feet in wholesale, warehouse and manufacturing development,

5.    The Director of the Development Services Department shall establish the square footage requirement for all unspecified uses;

E.    If feasible, the recycling collection area shall be located adjacent to or near the solid waste collection areas; and

F.    Each recycling and solid waste collection area shall be visually screened in accordance with the requirements of LUC 20.20.525 for mechanical equipment screening. (Ord. 4973, 3-3-97, § 403; Ord. 4816, 12-4-95, § 503; Ord. 4360, 5-18-92, § 1)

– S –

20.20.730 Large satellite dish antennas.

A.    Large Satellite Dish Antennas in Nonresidential Land Use Districts.

Large satellite dish antennas in all nonresidential districts (all land use districts except R-1 through R-30) shall be screened in accordance with the requirements of LUC 20.20.525.C for mechanical equipment screening.

B.    Large Satellite Dish Antennas in Residential Land Use Districts.

The requirements for screening of large satellite dish antennas in residential districts (R-1 through R-30) shall depend upon the nature of use and building type of the development.

1.    Large satellite dish antennas in any residential development other than detached or single-family attached housing shall be screened in accordance with the requirements of LUC 20.20.525.C for mechanical equipment screening.

2.    Large satellite dish antennas in any residential development consisting of detached or single-family attached housing shall be screened in accordance with subsection C of this section.

C.    Large satellite dish antennas in any residential development consisting of detached or single-family attached housing as specified in subsection B.2 of this section are permitted subject to the following criteria, provided the Director may modify setback and screening requirements upon proof that strict application of the requirements is infeasible or renders use of an antenna impossible:

1.    The antenna shall meet front and side setback requirements for the main building and shall be a minimum of five feet from any rear property line;

2.    The antenna shall be a minimum of 10 feet distant from any street right-of-way, vehicular access easement, or private road;

3.    No antenna shall be located in a buffer or setback required by the City’s critical areas regulations (see Part 20.25H LUC), unless affixed to a structure allowed pursuant to Part 20.25H LUC; and

4.    The antenna shall be substantially screened from view from adjacent property and the adjacent public rights-of-way by sight-obstructing landscaping, fencing, on-site structures, or natural topography. (Ord. 5876, 5-18-09, § 18; Ord. 5683, 6-26-06, § 19; Ord. 5086, 8-3-98, § 5; Ord. 4973, 3-3-97, § 404; Ord. 4816, 12-4-95, § 504; Ord. 4654, 6-6-94, § 37; Ord. 4028, 7-17-89, § 5)

20.20.740 Schools.

A.    Public and private schools are permitted as indicated by the charts in LUC 20.10.440 and use charts applicable to specific land use districts contained in Chapter 20.25 LUC, “Education: Primary and Secondary,” provided the following standards are met:

1.    School buildings in residential districts shall cover not more than 35 percent of their site area.

2.    Except as allowed in this section, school buildings in residential districts shall provide 50-foot side and rear yard setbacks. A reduction in the side or rear yard setback may be approved as follows:

a.    In no event may a side or rear yard setback be less than 30 feet;

b.    The landscaping required along interior property lines required pursuant to subsection A.5 of this section shall be increased to a minimum of 20 feet in depth;

c.    No portion of a structure exceeding the building height allowed for the district may be within 50 feet of the side or rear property line; and

d.    Building entrances or exits, other than required emergency exits, are not located within 50 feet of a side or rear property line.

3.    Building Height.

a.    An increase in building height of up to 10 feet above the maximum building height of the underlying district is allowed for schools so long as:

i.    No mechanical equipment is located on the roof of any building or portion of building that exceeds the maximum building height of the underlying district; and

ii.    The school is located on a site of at least five acres.

b.    An increase in building height above that allowed under subsection A.3.a of this section may be approved if that portion of the structure exceeding the maximum building height of the underlying district satisfies the following criteria:

i.    The increase in height is necessary to accommodate uses or equipment functionally related to a program offered as part of the educational programs of the school; for example, for a performing arts center, library or gymnasium;

ii.    That portion of the structure exceeding the maximum building height is set back from any property line a distance equal to 1.5 times the height of that portion of the structure, unless a greater setback is required pursuant to LUC 20.20.010, the dimensional charts applicable to specific land use districts contained in Chapter 20.25 LUC, or this section;

iii.    The building and site design minimize the impact of the additional height on the surrounding land uses;

iv.    The school is located on a site of at least five acres; and

v.    In no event may the height of a structure or portion of a structure exceed 75 feet.

4.    The Director may administratively consider, approve or disapprove the addition of temporary, portable classrooms to existing public schools subject to the criteria set forth in Part 20.30E LUC for an Administrative Conditional Use.

5.    Perimeter Landscaping. In lieu of the Perimeter Landscaping Requirements set forth in LUC 20.20.520.F.1, schools shall provide the following landscaping, subject to LUC 20.20.520.F.6:

a.    Schools in Residential Districts or in Transition Areas as Described in Part 20.25B LUC and in the Bel-Red Office/Residential Transition (BR-ORT) Land Use District.

i.    Ten feet of Type III landscaping along the street frontage, except that 100 percent of the required trees may be planted with deciduous trees; and

ii.    Ten feet of landscaping meeting the requirements of LUC 20.25B.040.C.2.c along interior property lines, unless more stringent requirements apply pursuant to this section.

b.    Schools in All Other Districts.

i.    Ten feet of Type III landscaping along the street frontage, except that 100 percent of the required trees may be planted with deciduous trees; and

ii.    Ten feet of Type III landscaping along interior property lines.

Alternative landscaping may be approved by the Director if the requirements of LUC 20.20.520.J are met.

6.    Vehicular and Pedestrian Circulation. In addition to the requirements of LUC 20.20.590, school vehicular and pedestrian circulation shall satisfy the following criteria:

a.    Vehicular and bus loading and unloading areas shall be designed to minimize impacts on traffic on public rights-of-way;

b.    Parking areas shall be designed to minimize conflicts between pedestrian and vehicular movements; and

c.    Opportunities shall be found for safe, convenient, and pleasant pedestrian connections to existing transit facilities. Where needed, shelters and lay-bys for transit vehicles shall be incorporated into site development.

7.    Design Guidelines for Schools in Residential Districts and in Transition Areas. Schools in residential land use districts and in Transition Areas shall meet the site and building design standards set forth in LUC 20.25B.040.D through G and 20.25B.050.

8.    Playfields. Schools are not required to provide on- or off-site playfields. Where playfields are provided, however, they must meet the following requirements:

a.    On-site playfields developed to the limits of their property and which are adjacent to developed private property shall be fenced with an eight-foot-high fence; and

b.    Travel to and from the school site to any off-site playfield must not be hazardous.

B.    In the event that any provision of this subsection conflicts with any state law or regulation, the provisions of the state law shall control.

C.    The applicant for a proposal subject to the administrative conditional use process in all residential districts or the DNTN-R District shall hold one community meeting on the proposal. Such meeting shall be held as early in the review process as possible for the proposal. Notice of the public meeting shall be provided in the same manner as required for notice of the application. The public meeting notice will be combined with the notice of application whenever possible. (Ord. 5876, 5-18-09, § 19; Ord. 5432, 1-21-03, § 2; Ord. 5431, 1-21-03, § 3; Ord. 5089, 8-3-98, § 24; Ord. 4654, 6-6-94, § 38; Ord. 3530, 8-12-85, § 29)

20.20.750 Secure Community Transition Facility.

A.    Applicability.

This section applies to each Secure Community Transition Facility within the City. The requirements of this section shall be imposed at the initiation of any Secure Community Transition Facility use, and upon any addition or modification to a Secure Community Transition Facility use or structure housing that use.

B.    General.

1.    Wherever located in the City, a Secure Community Transition Facility requires a Conditional Use Permit, Part 20.30B LUC or Part 20.30C LUC, prior to establishment of the facility.

2.    The applicant for the Secure Community Transition Facility shall certify compliance with all applicable use requirements and conditions of this section in the application for conditional use required in subsection 1.

C.    Use Requirements.

The following requirements apply to each Secure Community Transition Facility:

1.    The applicant must demonstrate that the facility meets the definition of Secure Community Transition Facility.

2.    The Secure Community Transition Facility and its operator must have received all necessary permits or approvals from the State of Washington Department of Social and Health Services.

3.    The applicant must demonstrate compliance with State of Washington Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, now or as hereafter amended.

4.    The applicant must demonstrate compliance with the requirements of RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended.

For purposes of this section, the applicant must demonstrate compliance with the cited guidelines and statutory provisions through a written description specifically describing the steps taken to satisfy such guidelines or statutory requirements. In the event that compliance with the cited guidelines and statutory provisions can occur only during the construction of the facility or during its operation, then the applicant shall set forth the specific steps that will be taken to comply with such provisions, and such steps shall be made a condition of the Conditional Use Permit for the facility.

D.    Conditions.

1.    The City may impose conditions to mitigate any and all potential adverse impacts of the facility on surrounding uses, except that for the requirements specifically addressed in RCW 71.09.285 through 71.09.340 inclusive, now or as hereafter amended, such conditions may not impose restrictions on the facility greater than those set forth in the cited statutory provisions.

2.    The City shall impose a condition on the Conditional Use Permit for the facility limiting the number of beds to those requested by the applicant. Any increase in the number of beds beyond that applied for by the applicant and included in the Conditional Use Permit shall require an amendment to the Conditional Use Permit pursuant to LUC 20.30B.175 or LUC 20.30C.185.

E.    Additional Public Safety Measures.

The City may seek additional public safety measures for any facility proposed under this section beyond those suggested by statute or proposed by the applicant. The City shall submit the comments to the Department of Social and Health Services in the manner and at the times set forth in Chapter 71.09 RCW now or as hereafter amended. The City may petition the governor to designate a person with law enforcement expertise to review the Department of Social and Health Services response to the City’s comments in the manner set forth in Chapter 71.09 RCW.

F.    Additional Risk Potential Activities.

The City may suggest additional Risk Potential Activities, as defined in RCW 71.09.020(7), now or as hereafter amended, for consideration by the Department of Social and Health Services, consistent with the provisions of RCW 71.09.020(7), now or as hereafter amended. (Ord. 5404, 8-5-02, § 3)

Sewage Pumping Stations.

See Public Utilities, this chapter.

20.20.760 Shelters and storage facilities – Temporary.

A.    Purpose. The purpose of this section is to prohibit use of temporary shelters or storage facilities in Single-Family Land Use Districts, which are predominately visible from the right-of-way or any public or private street.

B.    General. Temporary shelters or storage facilities are not permitted in Single-Family Land Use Districts if predominately visible from the right-of-way or any public or private street. (Ord. 5791, 12-3-07, § 7)

20.20.800 Short term stay uses – Limitations and general requirements.

A.    Definition.

Short Term Stay Use. Transient lodging provided in a Planned Unit Development or multifamily dwelling unit located in a Residential (R-1 through R-30) land use district. Boarding houses and bed and breakfasts permitted to operate in Residential districts pursuant to a valid Home Occupation Permit, Part 20.30N LUC, group homes for children sited pursuant to the Group Home for Children Community Involvement Process, Chapter 9.19 BCC, and institutions housing persons under legal restraint or requiring medical attention or care are not included within the scope of this definition.

B.    Limitation on Number of Short Term Stay Uses. No more than five units in any building and no more than 20 percent of the dwelling units comprising a development shall be used for Short Term Stay Use at any given time.

C.    General Requirements.

1.    Registration Notice. Any person or company providing a Short Term Stay Use shall file a Registration Notice with the Development Services Department. The registration notice shall be submitted in writing in a form approved by the Director. The registration notice shall state (a) the name and address of the person or company by whom it is submitted (registrant); (b) identify by name and address the building and development to which the registration notice applies; and (c) state the number of dwelling units where the registrant provides Short Term Stay Uses in the referenced building and development. The registration notice shall remain in effect until the Registrant notifies the Department in writing that the registrant is no longer providing any units in the referenced building or development for Short Term Stay Uses.

2.    House Rules. When rules of conduct have been adopted for universal application to all occupants of a development, any person or company providing a Short Term Stay Use shall provide a copy of the rules to each licensee prior to commencement of their stay and shall post a copy of the rules in each unit provided for Short Term Stay Use.

D.    Time for Compliance.

1.    Notwithstanding any other provision of this section, for a maximum period of 12 months from the effective date of the ordinance codified in this section, Short Term Stay Uses in existence on the effective date of the ordinance may continue to operate without meeting the limitations set forth in paragraph B of this section, provided that all the requirements of paragraph C of this section are met. Twelve months following the effective date of the ordinance, Short Term Stay Uses not meeting the limitations set forth in paragraph B of this section will be operating in violation of the LUC and subject to enforcement provisions contained in LUC 20.40.460 and Chapter 1.18 BCC.

2.    Short Term Stay Uses in existence on the effective date of the ordinance codified in this section shall comply with the General Requirements of paragraph C of this section within three months from the effective date of the ordinance. (Ord. 5301, 6-18-01, § 1)

20.20.820 Solid waste disposal.

A.    Additional Submittal Requirements.

In addition to the application materials required for any permit required to construct or modify a solid waste disposal facility, the applicant shall submit the following material:

1.    Information demonstrating compliance with any existing multijurisdictional siting criteria in selecting the proposed location for the solid waste disposal facility, or for the proposed modification of such facility; and

2.    Information regarding all existing and alternative sites considered for the proposed solid waste disposal facility, including information about why such alternative sites were not selected for the construction or modification.

B.    Decision Criteria.

In addition to the decision criteria applicable to any permit required to construct or modify a solid waste disposal facility pursuant to general use charts contained in LUC 20.10.440 and use charts applicable to specific land use districts contained in Chapter 20.25 LUC, the City may approve, or approve with modifications, a proposal to construct or modify a solid waste disposal facility, provided the following standards are met:

1.    All components of the solid waste disposal facility shall be contained within a building that is compatible with the architectural form of surrounding buildings. This requirement shall not apply to those components of the facility that cannot effectively function inside of a building.

2.    A transportation plan may be required. The City shall determine the level of detail to be disclosed in the plan such as estimated trip generation, access routes and surrounding area traffic counts, based on the probable impacts and/or scale of the proposed facility.

3.    The facility shall be designed to include design and operation measures to control odor emissions and airborne pollutants, rodents, birds, and other vectors.

4.    The location, design, use and operation of the facility shall comply with any applicable guidelines, rules, regulations or statutes adopted by state law, or any agency or jurisdiction with authority.

5.    The location and design are consistent with any planning document under which the proposing agency, special district or organization operates, as determined by the person or body having authority to interpret such document. (Ord. 5876, 5-18-09, § 20; Ord. 5457, 7-21-03, § 4)

20.20.840 Subordinate Uses.

A.    Purpose.

The purpose of this section is to provide performance standards for subordinate uses, as defined in LUC 20.50.046.

B.    Applicability.

The performance standards contained in this section shall be required for subordinate uses, as defined in LUC 20.50.046, whether or not establishment of the use is subject to a permit, approval, or land use review.

C.    Performance Standards.

Subordinate uses as defined in LUC 20.50.046 shall be:

1.    Located on the same lot or in the same structure as the permitted or principal use;

2.    Functionally related to the permitted or principal use; and

3.    Generally limited in size to 25 percent of the floor area devoted to the related permitted or principal use. (Ord. 5876, 5-18-09, § 21)

– T –

Telephone Exchange.

See Public Utilities, this chapter.

20.20.850 Temporary public safety facilities.

A.    Temporary public safety facilities include: (1) temporary stations for fire protection and police protection, and (2) temporary facilities to provide relief or assistance services to the public, or to provide services related to the administration or management of such relief or assistance services, in case of annexation or in times of natural disaster or other unforeseen emergency circumstances. The existence of a natural disaster or unforeseen emergency circumstances shall be determined by the City Manager.

B.    For purposes of this section, a temporary public safety facility is a facility which terminates its operations not later than 24 months from the date operations are commenced; provided, that upon application filed not later than 30 days prior to expiration of the 24-month period, the Director of the Development Services Department may grant approval of the facility for an additional period of 12 months. Such approval may be conditioned by the Director pursuant to any of the provisions of this Land Use Code.

C.    A temporary public safety facility is exempt from any otherwise applicable Conditional Use Permit, Design Review approval process or other discretionary land use approval process, and from the site development standards and other requirements of the Land Use Code; provided, that:

1.    Application for approval of a temporary public safety facility shall be made to the Director of the Development Services Department. As a condition of approval of the facility or of approval of a request for a 12-month extension of the life of the temporary facility under subsection B of this section, the Director may require the facility to comply with such site development standards of the Land Use Code as are reasonably necessary to provide compatibility of the facility with surrounding uses and to minimize the impact of the facility on surrounding uses.

2.    Nothing in this section shall exempt such a facility from permit requirements under applicable building, plumbing, mechanical, electrical and other similar codes. (Ord. 5475, 10-20-03, § 9; Ord. 4600, 11-22-93, § 1)

20.20.890 Trailers, boats and large vehicles – Use as dwelling units.*

A.    One house trailer, mobile home or other recreational vehicle may be temporarily parked and used as a dwelling in the side or rear yard of a lot already containing another dwelling unit for a period not to exceed 30 days, provided the setbacks applicable to detached accessory buildings can be complied with.

B.    A Temporary Use Permit may be issued for up to one year for one house trailer, not on a foundation but connected to water, power and sewer utilities or to a septic tank system according to the procedures and requirements of Part 20.30M LUC.

C.    Permanent Dwelling.

Any mobile home meeting the certification requirements of RCW 43.22.340 may be used as a dwelling unit provided it is placed on a foundation, connected to all utilities required by the applicable City construction codes and meets applicable setback requirements.

D.    Storage.

Recreational vehicles, campers, house trailers and large boats may be stored in side and rear yards if they are sight-screened from abutting properties with Type I landscaping (see LUC 20.20.520). For the purposes of this subsection, large boats are defined as being at least 16 feet in length and having a gunwale which is at least five feet from the ground when the boat is sitting on a normal sized boat trailer.

E.    As to recreational vehicles only, the requirements of subsection D of this section shall not apply to a residence if one or more occupants thereof has a current windshield placard or special license plate issued to them by the State of Washington as a qualified disabled person in accordance with RCW 46.19.010. Persons claiming this exemption shall apply to the Director for approval thereof. The Director shall establish procedures and standards for acting on exemption requests hereunder. Only one recreational vehicle per residence may be exempted under this provision. (Ord. 6197, 11-17-14, § 14; Ord. 5475, 10-20-03, § 10; Ord. 4552, 8-4-93, § 2; Ord. 3530, 8-12-85, § 32)

*Effective only within the jurisdiction of the East Bellevue Community Council.

20.20.900 Tree retention and replacement.

A.    Purpose.

Retention of significant trees as required by this section is necessary to maintain and protect property values, to enhance the visual appearance of the City, to preserve the natural wooded character of the Pacific Northwest, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, and to provide a better transition between the various land uses permitted in the City.

B.    Applicability.

The requirements of this section shall be imposed any time a permit, approval, or review including land alteration or land development including subdivisions, short subdivisions or planned unit developments, a change in lot coverage, or a change in the area devoted to parking and circulation is required by the Bellevue City Code or Land Use Code. Subsection F of this section shall apply to permits for new single-family structures and for additions to impervious surface areas that exceed 20 percent when located on a single-family lot developed with a residential use. Subsection E of this section applies to the removal of any significant trees in the R-1 Land Use District located in the Bridle Trails Subarea.

C.    Required Review.

The Development Services Department shall review the proposed removal of significant trees with each application within the applicability of this section.

D.    Retention of Significant Trees for Subdivisions, Short Subdivisions, Planned Unit Development, Change in Lot Coverage, or Change in the Area Devoted to Parking and Circulation, Excluding Areas Located in the R-1 Land Use District in the Bridle Trails Subarea and for New or Expanding Single-Family Structures.

1.    Perimeter Landscaping Area. In the required perimeter landscaping area, as set forth in LUC 20.20.520.F.1, the applicant shall retain all significant trees which will not constitute a safety hazard. For properties located in Bel-Red Land Use Districts, refer to perimeter landscape development at LUC 20.25D.110. Area devoted to access and sight areas as defined in the Transportation Code (Chapter 14.06 BCC) and area to be cleared for required roads, utilities, sidewalks, trails, or storm drainage improvements are exempt from this requirement.

2.    Site Interior.

a.    In areas of the site other than the required perimeter landscaping area, the applicant must retain at least 15 percent of the diameter inches of the significant trees existing in this area; provided, that alder and cottonwood trees’ diameter inches shall be discounted by a factor of 0.5. In applying the requirement for retention of significant trees, the Director shall consider the preservation of the following types of significant trees a priority:

i.    Healthy significant trees over 60 feet in height;

ii.    Significant trees which form a continuous canopy;

iii.    Significant trees which contribute to the character of the environment, and do not constitute a safety hazard;

iv.    Significant trees which provide winter wind protection or summer shade;

v.    Groups of significant trees which create a distinctive skyline feature; and

vi.    Significant trees in areas of steep slopes or adjacent to watercourses or wetlands.

b.    The Director may approve retention of trees which do not meet the definition of significant trees as a contribution toward the sum of the diameter inches required under subsection D.2.a of this section if a group of trees and its associated undergrowth can be preserved.

3.    For subdivisions, short subdivisions, and planned unit developments, the applicant shall retain a minimum of 30 percent of the diameter inches of significant trees existing on the total site area of the development; provided, that alder and cottonwood trees’ diameter inches shall be discounted by a factor of 0.5.

4.    Exemption. The provisions of this subsection which require retention of significant trees are not applicable in any Downtown Land Use District.

5.    The applicant shall utilize tree protection techniques approved by the Director during land alteration and construction in order to provide for the continual healthy life of retained significant trees.

6.    Reduced Parking Bonus. If the proposed landscape plan incorporates the retention of significant trees above that required by this section, the Director may approve a reduction of up to 10 percent of the required number of parking spaces if adequate parking will remain on the subject property, and if land area for the required number of spaces remains available for future development on the subject property.

E.    Retention of Significant Trees in the R-1 Land Use District in the Bridle Trails Subarea for any Type of Land Alteration or Development.

1.    Permit Required. As required by BCC 23.76.035.A.8, a clearing and grading permit must be obtained from the City prior to the removal of any significant tree from any lot in the R-1 Land Use District in the Bridle Trails Subarea. The applicant may request a vegetation management plan to cover all proposed tree removal activities within a three-year period. In addition, for the removal of more than two significant trees within any three-year period, the requirements of subsections E.2 and E.3 of this section apply.

2.    Perimeter Tree Retention Requirement. For all lots in the R-1 Land Use District in the Bridle Trails Subarea, all significant trees which do not constitute a safety hazard within the first 20 feet adjacent to all property lines shall be retained. Area devoted to access and sight areas as defined in the Transportation Code (Chapter 14.06 BCC), and area to be cleared for required roads, utilities, sidewalks, trails, or storm drainage improvements is exempt from this requirement. In the event this requirement conflicts with minimum setback requirements for structures (LUC 20.20.010), the Alternative Tree Retention Option (subsection G of this section) may be used to allow development consistent with the setbacks established under LUC 20.20.010.

3.    Site Interior Tree Retention Requirement.

a.    In addition to the required perimeter tree retention area, at least 25 percent of the cumulative diameter inches of existing significant trees must be retained; provided, that alder and cottonwood trees’ diameter inches shall be discounted by a factor of 0.5.

b.    The Director may approve retention of trees which do not meet the definition of significant trees as a contribution toward the sum of the diameter inches required under subsection E.3.a of this section if a group of trees and its associated undergrowth can be preserved.

4.    Tree Replacement Requirement. On any lot with eight or less significant trees, a planting plan showing a one-to-one ratio of replacement trees is required. Trees must be a minimum of six feet in height at planting.

F.    Retention of Significant Trees for New or Expanding Single-Family Structures Excluding Single-Family Structures Located in the R-1 Land Use District in the Bridle Trails Subarea.

1.    Site Area. For new single-family structures or additions to impervious surface areas that exceed 20 percent when located on a single-family lot developed with a residential use, the applicant shall retain a minimum of 30 percent of the diameter inches of significant trees existing in the site area; provided, that alder and cottonwood trees’ diameter inches shall be discounted by a factor of 0.5. In applying the requirement for retention of significant trees, the Director shall consider the preservation of the following types of significant trees a priority:

a.    Healthy significant trees over 60 feet in height;

b.    Significant trees which form a continuous canopy;

c.    Significant trees which contribute to the character of the environment, and do not constitute a safety hazard;

d.    Significant trees which provide winter wind protection or summer shade;

e.    Groups of significant trees which create a distinctive skyline feature;

f.    Significant trees in areas of steep slopes or adjacent to watercourses or wetlands; and

g.    Significant trees located within the first 20 feet adjacent to a property line.

2.    The Director may approve retention of trees which do not meet the definition of significant trees as a contribution toward the sum of the diameter inches required under LUC 20.20.900.F.1 if a group of trees and its associated undergrowth can be preserved.

3.    The applicant shall utilize tree protection techniques approved by the Director during land alteration and construction in order to provide for the continual healthy life of retained significant trees.

G.    Alternative Tree Retention or Replacement Option.

1.    An applicant may request a modification of the tree retention requirements set forth in subsections D, E, and F of this section.

2.    The Director may administratively approve a modification of the perimeter or interior tree retention requirements if:

a.    The modification is consistent with the stated purpose of this section; and

b.    The modification proposal either:

i.    Incorporates the retention or replacement of significant trees equal in equivalent diameter inches or incorporates the increased retention or replacement of significant trees and naturally occurring undergrowth to what would otherwise be required; or

ii.    Incorporates the retention or replacement of other natural vegetation in consolidated locations which promotes the natural vegetated character of the site and neighborhood including use as pasture land or for agricultural uses.

iii.    Where a modification proposal includes supplemental or replacement trees in lieu of retention, the applicant shall utilize plant materials which complement the natural character of the Pacific Northwest, and which are adaptable to the climatic, topographic, and hydrologic characteristics of the site. (Ord. 6197, 11-17-14, § 15; Ord. 5896, 8-3-09, § 3; Ord. 5876, 5-18-09, § 22; Ord. 5791, 12-3-07, § 14; Ord. 5662, 3-20-06, § 2)