23.75.140

A. General requirements and special setback areas 1. Except as otherwise provided in this Section 23.75.140 , minimum setbacks are required as follows: a. According to Exhibit A for 23.75.140 where no special setback condition identified in subsection 23.75.140.C, 23.75.140.D, or 23.75.140.E applies to the boundary; or b. According to Exhibit B for 23.75.140 where a special setback condition identified in subsection 23.75.140.C, 23.75.140.D, or 23.75.140.E applies to the boundary. 2. If a location identified for a special setback condition in subsection 23.75.140.C, 23.75.140.D, or 23.75.140.E is described in reference to a park, access drive, pedestrian pathway, or other easement that has not been established by a final plat or recorded instrument at the time a permit decision is made, the applicable general minimum setback applies in that location rather than the special setback condition. Exhibit A for 23.75.140 General Minimum Setbacks Exhibit B for 23.75.140 Special Setback Conditions B. The 10-foot minimum setback shown in Exhibit A for 23.75.140 from streets or parks open to the public is reduced to 7 feet for a residential structure that is partially separated from the street or park by a ground-floor-level courtyard that is at least 30 feet wide and 20 feet deep. Exhibit C for 23.75.140 Locations of Special Setback Areas C. Build-to line 1. The following locations, illustrated in Exhibit C for 23.75.140 , are subject to this subsection 23.75.140.C: a. At the following street intersection locations, the build-to line extends 62 feet along street lot lines in both directions from the intersection of the margins of the street rights of way: 1) the southwest and southeast corners of the intersection of Alder Street and 9 th Avenue; 2) the southwest corner of the intersection of Alder Street and Broadway; 3) the northwest and northeast corners of the intersection of Fir Street and 9 th Avenue; 4) the northwest and southwest corners of the intersection of Fir Street and Broadway; 5) the northwest and northeast corners of the intersection of 8 th Avenue and Yesler Way; 6) the southwest corner of the intersection of South Washington Street and Yesler Way; 7) the northeast corner of the intersection of 10 th Avenue and East Yesler Way; and 8) the southwest corner of the intersection of 10 th Avenue and South Washington Street. b. If a park open to the public is established by dedication or easement in Block 7, the build-to line extends 62 feet westerly along the most northerly boundary of the park, measured from the point where that boundary meets any street. c. Near the southeast corner of the intersection of Fir Street and Broadway, the build-to line extends from the intersection of the east margin of Broadway and the south margin of any area abutting Fir Street established for public access by easement, 62 feet southerly along Broadway and 62 feet easterly along the margin of the easement area. d. From the northwest corner of the intersection of 10th Avenue and East Yesler Way, the build-to line extends northerly 62 feet along the west margin of 10th Avenue. e. If a pedestrian or multi-use trail is established for public access by easement in Block 5 near the southerly margin of East Yesler Way and connecting to 10 th Avenue near the southeast corner of the intersection of 10th Avenue and East Yesler Way, the build-to line extends from the intersection of the east margin of 10 th Avenue and the south margin of the public easement area, 62 feet southerly along the east margin of 10 th Avenue and 62 feet easterly along the south margin of the public easement area. f. If a pedestrian pathway or access drive is established in Block 5 connecting 10 th Ave. with Boren Ave. or 12 th Ave, then from the intersection of 10th Avenue and the north margin of the pedestrian pathway or access drive, the build-to line extends 62 feet northerly along the easterly margin of 10 th Ave. and 62 feet easterly along the north margin of the pedestrian pathway or access drive. 2. Except as otherwise permitted in this subsection 23.75.140.C, any regulated facade abutting a non-residential use in the first story partially or completely above grade is required to have a minimum setback of 2 feet, and a maximum setback of 4 feet from the build-to line, from ground level to a height of at least 25 feet. The portion of the facade that is subject to the minimum and maximum setback required by this subsection 23.75.140.C.2 may continue above 25 feet up to a maximum of 50 feet in height, regardless of the uses above the first story. Above the portion that is subject to the minimum and maximum setback required by this subsection 23.75.140.C.2, all other portions of the facade are subject to the minimum setbacks otherwise applicable above 50 feet, based on the boundary type and condition. 3. Any portion of a facade that abuts residential units, including live-work units, in the first story partially or completely above grade, is subject to the applicable setback depicted in Exhibit A for 23.75.140 . 4. The portion of a facade, if any, that abuts residential lobbies and common amenity areas must be set back consistent with either subsection 23.75.140.C.2 or 23.75.140.C.3, as the applicant elects. 5. Building entries are not subject to any maximum setback. D. Reduced setback areas 1. The following locations, illustrated in Exhibit C for 23.75.140 , are "reduced setback areas," and are subject to this subsection 23.75.140.D except where other special setback conditions apply pursuant to this Section 23.75.140 : a. All street lot lines along Alder St. and Broadway; b. All street lot lines along the north margin of Yesler Way and E. Yesler Way; c. All street lot lines along the south margin of Yesler Way in Block 6; d. The southerly margin of a pedestrian or multi-use trail established for public access by easement near the southerly margin of E. Yesler Way in Block 5, running substantially parallel to E. Yesler Way; and e. Boundaries abutting both sides of any pedestrian pathway in Block 2. 2. In the locations identified in subsection 23.75.140.D.1, the minimum setback for any facade abutting a non-residential use, residential lobby, or residential amenity area in the first story partially or completely above grade is 2 feet, up to a maximum of 50 feet above finished grade, regardless of the uses above the first story. No maximum setback requirement applies. For any portion of a facade that abuts residential units in the first story partially or completely above grade, including live-work units, the applicable setback in Exhibit A for 23.75.140 is required. E. Yesler and Broadway special setback area. Any lot abutting any of the following sides of street segments, illustrated in Exhibit C for 23.75.140 , is subject to the "Yesler and Broadway" setback depicted in Exhibit B for 23.75.140 . 1. Both sides of Broadway, from Yesler Way to 62 feet north of the north margin of Yesler Way; 2. The north side of East Yesler Way from the east margin of Broadway to the west margin of 10 th Avenue; and 3. The north side of Yesler Way from the west margin of Broadway to 150 feet west of the west margin of Broadway. F. Exceptions. Setbacks required by this Section 23.75.140 are subject to the exceptions in subsections 23.75.140.G through 23.75.140.K. G. Highrise structures. For a highrise structure, one portion of the façade up to a maximum of 40 feet in width may project to the base setback at any or all heights up to the applicable height limit in Exhibit A for 23.75.100 . H. Underground parking. The base setback, if greater than 4 feet, is reduced to 4 feet for the aboveground portion of partially underground parking that meets the requirements of Section 23.75.180 . I. No minimum setback is required at lots lines abutting Interstate 5 right-of-way, or along the western margin of Block 7 where any lot in the MPC-YT zone abuts the Harborview MIO district with no intervening right-of-way. J. Structures in required setbacks 1. For residential uses in structures subject to required setbacks from a street or a park open to the public, bay windows and other portions of structures containing enclosed space may project a maximum of 4 feet into required setbacks, provided that the projection does not exceed 30 feet in width, and provided that no portion of the projection is closer than 2 feet from the boundary. Portions of structures allowed to project into required setbacks under this subsection 23.75.140.J.1 shall be separated by a minimum of one-half the width of the wider of the two projections. 2. Porches, balconies, and decks may project a maximum of 6 feet into required setbacks, provided that no portion of the porch, balcony, or deck is closer than 2 feet from the boundary. Overhead weather protection may project a maximum of 2 feet beyond the edge of a porch, balcony, or deck. 3. Cornices, eaves, gutters, roofs, and other forms of weather protection may project a maximum of 4 feet beyond the building façade into required setbacks. 4. Ramps or other devices necessary for access for the disabled and elderly, which meet Seattle Building Code, Chapter 11, are permitted in required setbacks. 5. Fences, bulkheads, freestanding walls and other similar structures. a. Fences, freestanding walls and other similar structures 4 feet or less in height above existing or finished grade, whichever is lower, are permitted in required setbacks. The 4 foot height may be averaged along sloping grade for each 6 foot long segment of the fence or freestanding wall, but in no case may any portion of the fence or freestanding wall exceed 6 feet in height. b. Bulkheads and retaining walls used to raise grade are permitted in any required setback when limited to 6 feet in height, measured above existing grade. In a required setback area, any portion of a bulkhead or retaining wall that is parallel to a sidewalk and greater than 4 feet in height must be set back a minimum of 2 feet from the applicable boundary. An open guardrail of no more than 42 inches in height may be placed on top of the bulkhead or retaining wall. If a fence is placed on top of a bulkhead or retaining wall, the maximum combined height is limited to 9 feet, and no portion of the fence may be greater than 42 inches in height. c. Bulkheads and retaining walls used to protect a cut into existing grade in a required setback shall not exceed the minimum height necessary to support the cut. An open guardrail of no more than 42 inches in height may be placed on top of the bulkhead or retaining wall. A fence must be set back a minimum of 3 feet from such a bulkhead or retaining wall. 6. Setback requirements do not limit underground structures. 7. Solar collectors are permitted within required setbacks, provided that they are located at least 10 feet above finished grade. 8. Freestanding structures, signs, and similar structures 6 feet or less in height above existing or finished grade, whichever is lower, are permitted in required setback areas, provided that signs meet the provisions of Chapter 23.55 . 9. Above-grade green stormwater infrastructure (GSI) features are allowed without setback restrictions if: a. Each above-grade GSI feature is less than 4.5 feet tall, excluding piping; b. Each above-grade GSI feature is less than 4 feet wide; and c. The total storage capacity of all above-grade GSI features is no greater than 600 gallons. 10. Above-grade GSI features larger than what is allowed in subsection 23.75.140.J.9 are allowed within a required setback if: a. Above-grade GSI features do not exceed 10 percent coverage of any one setback area; b. No portion of an above-grade GSI feature is located closer than 2.5 feet from a side lot line: and c. No portion of an above-grade GSI feature projects more than 5 feet into a front or rear setback area. K. Any projection that extends over a public right-of-way, pedestrian pathway, or access drive is required to comply with the provisions of Section 23.53.035 , treating a pedestrian pathway as a sidewalk and an access drive as an alley, except that the minimum vertical clearance is 10 feet above a sidewalk or pedestrian pathway and 26 feet above an access drive. (Ord. 124952 , § 23, 2015; Ord. 124843 , § 54, 2015; Ord. 124378 , § 74, 2013; Ord. 123963, § 26, 2012.)