Chapter 20.20 GENERAL DEVELOPMENT REQUIREMENTS

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, Medical Institution District, and the OLB-OS Land Use District. 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. 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. 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. Amended Ord. 5867 Ord. 5876 Ord. 5896

Chart 20.20.010

Uses in land use districts Dimensional Requirements


STD LAND USE CODE REF		Residential
STD LAND USE CODE REF	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
	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)	30	30	30	30	30	30	30	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 Impervious Surface (percent) (35) (37) (39)	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.

20.20.010

Chart 20.20.010

Uses in land use districts Dimensional Requirements


STD LAND USE CODE REF		Professional Office	Office	Office/Limited Business	Light Industry	General Commercial	Neighborhood Business	Community Business	Factoria Land Use District 1	Factoria Land Use District 2	Factoria Land Use District 3	Downtown Office District 1	Downtown Office District 2	Downtown Mixed Use District	Downtown Residential District	Downtown Old Bellevue District	Downtown Office and Limited Business District
STD LAND USE CODE REF	LAND USE CLASSIFICATION	PO	O	OLB	LI	GC	NB	CB	F1	F2	F3	DNTN O-1	DNTN O-2	DNTN MU	DNTN R	DNTN OB	DNTN OLB
	DIMENSIONS	(8, 21)	(8, 21)	(8, 21)	(8, 21)	(8, 21)	(8, 21)	(8, 21)	(28)	(21, 31)	(21, 32)	(7)	(7)	(7)	(7)	(7)	(7)
	Minimum Setbacks of Structures (feet) Front Yard (18) (20)	30	30	50	15	15				50	20
	Rear Yard (17) (18) (20)	25	25	50	(2)	(2)	(2)	(2)		30	5
	Side Yard (17) (18) (20)	20	20	30	(2)	(2)	(2)	(2)		30	5
	2 Side Yards (17) (18) (20)	40	40	60	(2)	(2)	(2)	(2)		60	10
	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)	45 (9)	30	20 (25)	45		75	75/135 (33, 34)
	Maximum Lot Coverage by Structures (percent) (13) (14) (16)	35 (24)	35 (24)	35 (24)	50		35 (24)			35 (24)	40 (24)
	Maximum Impervious Surface (percent) (35) (37)	80	80	80	85	85	80	85		80	80

(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)

*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.

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) Dimensional requirements for Downtown Land Use Districts are listed in LUC 20.25A.020.

(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.

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 Planning and Community Development. 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 Planning and Community Development 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

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 one 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, one 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 (20.25H.130) and habitat associated with species of local importance (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 one story, not to exceed 15 feet, if a minimum of 75 percent of the ground floor of that 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 one-half unit and units 600 square feet or greater count as one 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 Districts may be increased to 50 percent for mixed use development which includes residential uses comprising at least one-half 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 two 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 0.6 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 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.

(38) Certain non-critical 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. (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. Lot width shall be measured at the building line of the primary structure, which structure does not include garages or other accessory buildings.

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 Planning and Community Development. 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. (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 Planning and Community Development 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 Planning and Community Development 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. Amended Ord. 5876

A. An individual nonconforming lot otherwise complying with the requirements of the Bellevue City Code may be used for a building site if:

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

2. 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, below) and is not subject to variance:

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 owned 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 all setback and lot coverage requirements of the district in which it is located, unless a variance has been granted pursuant to Part 20.30G or 20.30H LUC. (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 Planning and Community Development 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 not be located less than six feet from the associated primary structure.

2. 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 paragraph F.2. of this section.

3. 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 paragraph F.3. of this section.

Note: The International Building 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. 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 Animals. Amended Ord. 5876

A. General.

The keeping of animals is 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 the keeping of animals.

Animal Regulations


Type of Animal/Use	Maximum Number (A)	Minimum Lot Size	Minimum Setback (E)
1. Household Pets*	Dogs, Cats, Rabbits: 3(B); Fowl: 6(D); 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. • No structure to house the household pet may be within 15 feet of a property line.
2. Small Domestic Animals or Hobby Kennel*	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. • No structure to house the household pet may be within 25 feet of a property line.
3. Large Domestic Animals*	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. • No structure to house the animal may be within 25 feet of a property line.
*Special Regulations: Open pasture, foraging or grazing may extend to the property line.
4. Bees**	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.
**Special Regulations: • Must register with the Washington State Department of Agriculture. • Must requeen annually or anytime following swarming or aggressive behavior with a breeder raised queen of suitable docile strain. • Hives must be maintained to avoid overpopulation and minimize swarming. • Must be maintained in a movable frame hive at all times.
5. Kennel (C)***	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. • No structure to house the animal may be within 50 feet of a property line.
***Special Regulations: See LUC 20.10.440.
6. Commercial Stable or Riding Academy (C)+	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. • No structure to house the animal may be within 50 feet of a property line.
+Special Regulations: See LUC 20.10.440. Open pasture, foraging or grazing may extend to the property line.

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

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

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

(E) 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.

C. Prohibited Animals.

The keeping of mink, foxes or hogs is prohibited. (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 Social and Health Services. Minimum licensing requirements can be found in Chapter 388-155 WAC. Family child care providers also must obtain a Registration Certificate from the City of Bellevue as required by Chapter 4.02 BCC (Tax Administration 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 Department of Planning and Community Development 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 Department of Planning and Community Development 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. 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. Amended Ord. 5876

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 and all Downtown 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 Planning and Community Development 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. 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 Planning and Community Development 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 Planning and Community Development 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.

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– E –

20.20.255 Electrical utility facilities. Amended Ord. 5876

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 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 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, 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, and (iii) residential areas. The applicant may identify a preferred site alternative in a Residential Land Use District or Transition Area 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 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. 5805, 3-3-08, § 8)

20.20.350 Essential public facility (EPF). Amended Ord. 5876

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. 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 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 is 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 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. 5457, 7-21-03, § 3)

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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 Department of Planning and Community Development 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)

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– H –

20.20.450 Helicopters.

A. Heliports – General Requirements.

1. In addition to the decision criteria in LUC 20.30B.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 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 conditional use 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 1.5 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 paragraph 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 2.0 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 1.5 times the wheelbase and tread, respectively, or a diameter of 1.5 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 paragraphs 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 paragraph A.1 of this section but must comply with the requirements in paragraphs A.2 through A.13 of this section. For purposes of this paragraph, “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 paragraphs 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. 5683, 6-26-06, § 8; Ord. 5477, 10-20-03, § 1; Ord. 5475, 10-20-03, § 6; Ord. 4029, 9-5-89, § 3)

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20.20.460 Impervious surface. Amended Ord. 5876

A. Purpose.

Limits on the total amount of impervious surfaces associated with site development are desirable to protect critical areas, 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 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 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.

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 August 1, 2006, and which exceed the limits set forth in LUC 20.20.010 shall not be considered nonconforming. Proposals to increase impervious surface on a site shall conform to the limits of LUC 20.20.010; 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 pervious 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. 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. 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)

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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 Department of Planning and Community Development 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 paragraphs 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-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	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 Planning and Community Development 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 Planning and Community Development 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 Planning and Community Development 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 Planning and Community Development 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 Planning and Community Development 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 paragraphs A, F.1 and G of this section.

a. Twenty percent of the Buildable Area in an NB, PO, O or OLB Land Use District;

b. Fifteen percent of the Buildable Area in an LI, GC 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.

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. 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)

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20.20.525 Mechanical equipment. Amended Ord. 5896

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 directly abuts a residential land use district or unless that setback is within a critical area, critical area buffer, or critical area structure setback required by Part 20.25H LUC.

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

3. 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.

4. 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.

5. For development which requires approval of a discretionary land use permit, the City may modify the screening requirements of subsections C.3 and C.4 of this section subject to the criteria set forth in paragraph C.6. of this section.

6. The Director may approve alternative screening measures not meeting the specific requirements of subsection C.3 or C.4 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.3 or C.4 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. 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.

20.20.540 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)

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20.20.560 Nonconforming structures, uses and sites. Amended Ord. 5876

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. (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)

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20.20.590 Parking, circulation and walkway requirements. Amended Ord. 5876

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 (e.g., Part 20.25A LUC governs requirements in Downtown 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 Planning and Community Development 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 Planning and Community Development may waive specific submittal requirements determined to be unnecessary for review of an application.

D. Required Review.

The Director of Planning and Community Development 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 LUC 20.20.590.G and 20.20.590.H, 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 (4)	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 (1)	4:1,000 nsf