Part 20.25D Bel-Red*

*    Prior legislation: Ord. 4654.

20.25D.010 General.

A.    Applicability.

1.    This Part 20.25D, Bel-Red (BR), contains requirements, standards, and guidelines that apply to development and activity within the Bel-Red land use districts. Except to the extent expressly provided in this Part 20.25D and as referenced in subsection A.2 of this section, the provisions of the Land Use Code, other development codes, the City development standards, and all other applicable codes and ordinances shall apply to development and activities in the Bel-Red land use districts. Except within the Critical Areas Overlay District (Part 20.25H LUC), where there is a conflict between the Bel-Red land use district regulations and the Land Use Code and other City ordinances, the Bel-Red land use district regulations shall govern. Where there is a conflict between the Bel-Red land use district regulations and the Critical Areas Overlay District, the Critical Areas Overlay District shall govern. Where the requirements of the Bel-Red land use district exceed those of the Land Use Code and other City ordinances, the Bel-Red land use district regulations shall govern.

2.    The following general development requirements of Chapter 20.20 LUC do not apply in the Bel-Red land use districts:

a.    LUC 20.20.005;

b.    LUC 20.20.010;

c.    LUC 20.20.012;

d.    LUC 20.20.015;

e.    LUC 20.20.017;

f.    LUC 20.20.018;

g.    LUC 20.20.030 (provided, this section applies in the ORT Land Use District);

h.    LUC 20.20.060;

i.    LUC 20.20.070;

j.    LUC 20.20.125 (provided, this section applies in the ORT Land Use District);

k.    LUC 20.20.128;

l.    LUC 20.20.135;

m.    LUC 20.20.190;

n.    LUC 20.20.250;

o.    LUC 20.20.400;

p.    LUC 20.20.520;

q.    LUC 20.20.560;

r.    LUC 20.20.720;

s.    LUC 20.20.760;

t.    LUC 20.20.800;

u.    LUC 20.20.890; and

v.    LUC 20.30V.170.

B.    Land Use Districts.

Bel-Red is divided into 12 land use districts to facilitate its transformation into a vibrant and sustainable, pedestrian-oriented mixed use neighborhood with vital businesses. The transformation will include multimodal transit systems that connect to the greater City and region. The geographic location of Bel-Red is legally described in LUC 20.50.012.

The purpose and intent of the Bel-Red land use districts is described in LUC 20.10.375 and application of requirements, standards, and guidelines to a specific property may differ depending upon which of the following districts a property is located.

1.    Bel-Red-Medical Office (BR-MO).

2.    Bel-Red-Medical Office Node 1 (BR-MO-1).

3.    Bel-Red-Office/Residential (BR-OR).

4.    Bel-Red-Office/Residential Node 1 (BR-OR-1).

5.    Bel-Red-Office/Residential Node 2 (BR-OR-2).

6.    Bel-Red-Residential/Commercial Node 1 (BR-RC-1).

7.    Bel-Red-Residential/Commercial Node 2 (BR-RC-2).

8.    Bel-Red-Residential/Commercial Node 3 (BR-RC-3).

9.    Bel-Red-Commercial/Residential (BR-CR).

10.    Bel-Red-Residential (BR-R).

11.    Bel-Red-General Commercial (BR-GC).

12.    Bel-Red-Office/Residential Transition (BR-ORT). (Ord. 5874, 5-18-09, § 1)

20.25D.020 Definitions Specific to Bel-Red.

A.    Bel-Red Definitions.

The following definitions are specific to the Bel-Red land use districts and shall have the following meanings:

Average Finished Grade Along Facade. Proposed grade after development as measured along a building facade from perpendicular wall to perpendicular wall including offsets, bays, and other minor modulating treatments not more than five feet deep.

BROTS. An interlocal agreement between the cities of Bellevue and Redmond regarding land use planning and the funding and construction of transportation improvements in the Bel-Red/Overlake Transportation Study Area, as adopted by Resolution No. 6353 and subsequently amended.

Build-to Lines. A location along a designated block or right-of-way where a building must be constructed. The build-to line is the property line unless designated otherwise by an adopted street design.

Curb Extension. A section of sidewalk that projects into the street at an intersection or mid-block crossing that reduces the crossing width of a street or right-of-way for pedestrians.

Facade Length. The length of a building from perpendicular wall to perpendicular wall including offsets, bays, and other minor modulating treatments not more than five feet deep.

Gross SF/Floor. Floor area in square feet within the surrounding exterior walls measured from the interior wall surface and including openings in the floor plate such as vent shafts, stairwells, and interior atriums.

Natural Drainage Practices. Techniques such as rain gardens, pervious pavement, vegetated roofs, and amended soils that manage stormwater runoff in a manner that improves the quality of runoff and more closely mimics natural drainage flows and rates than traditional stormwater techniques.

Node. An area or district where planned transportation facilities will support sufficient development intensity, amenities, recreation opportunities, and a mix of uses that foster a high level of pedestrian activity.

Project Limit. A lot, portion of a lot, or combination of lots or portions of lots treated as a single development parcel for purposes of the Land Use Code. A project limit may cross a right-of-way as long as the project limit results in a cohesive design and the Master Development Plan process is used.

Required Ground Floor Uses. Retail and commercial activities or a combination thereof as permitted by LUC 20.25D.070 that are required to be located on the ground floor. Ground floor uses shall be located as indicated in LUC Figure 20.25D.130.A.

Tower. That portion of a building that is in excess of 40 feet above average finished grade for any building with a maximum allowable height of 70 feet or greater.

Tree Well. A tree planting area, generally within a paved surface area.

Work-Live Unit. A commercial building or tenant space that includes a functionally related and integrated residential unit. Employees and walk-in trade are permitted.

B.    General Definitions Not Applicable to Bel-Red.

General definitions not applicable to Bel-Red are noted in the text of the general definitions contained in Chapter 20.50 LUC. (Ord. 5874, 5-18-09, § 1)

20.25D.030 Review Required.

A.    Applicable Review and Guidelines.

The Director shall use this Part 20.25D LUC and the Bel-Red Subarea Design Guidelines (LUC 20.25D.150 as currently adopted or subsequently amended or superseded) in reviewing an application for Master Development Plan or design review approval in the Bel-Red Use Districts. The Community Retail Design Guidelines of Part 20.25I LUC and Transition Area Design Guidelines of Part 20.25B LUC shall not apply to applications for development in the Bel-Red land use districts.

B.    Master Development Plan.

1.    Scope of Approval. Master Development Plan review (Part 20.30V LUC) is a mechanism by which the City shall ensure that the site development components of a multiple building or phased single building proposal are consistent with the Comprehensive Plan and meet all applicable site development standards and guidelines. Design, character, architecture and amenity standards and guidelines shall be met as a component of the design review (Part 20.30F LUC). Master Development Plan approvals required pursuant to subsection B.2 of this section shall identify proposed building location(s) within the project limit and demonstrate compliance with the following site development requirements, standards, and guidelines:

a.    Dimensional requirements pursuant to LUC 20.25D.080 as listed below:

i.    Setbacks;

ii.    Maximum impervious/lot coverage;

iii.    Building height for each building identified in subsection B.1 of this section;

iv.    Floor area ratio for each building identified in subsection B.1 of this section;

(1)    At a minimum, residential and nonresidential components of a building shall be identified in order to calculate the amenities required pursuant to LUC 20.25D.090; and

(2)    Uses may vest pursuant to the vesting provisions applicable to the underlying Master Development Plan if the specific uses are identified pursuant to LUC 20.25D.070;

b.    Landscape development pursuant to LUC 20.25D.110;

c.    Parking, circulation, and internal walkway requirements pursuant to LUC 20.25D.120;

d.    Bel-Red street development standards pursuant to LUC 20.25D.140; and

e.    Site development guidelines pursuant to LUC 20.25D.150.B.

2.    When Required.

a.    Projects located within a node. An applicant for a project with multiple buildings located within a single project limit shall submit a Master Development Plan for approval by the Director pursuant to Part 20.30V LUC. This requirement shall not apply to the placement of additional structures associated with existing conditions regulated pursuant to LUC 20.25D.060. An applicant for a single building project shall submit a Master Development Plan for approval by the Director pursuant to Part 20.30V LUC when building construction is proposed to be phased.

b.    Projects located outside of a node. An applicant shall submit a Master Development Plan for approval by the Director pursuant to Part 20.30V LUC when building construction is proposed to be phased.

3.    For the purposes of this section, the project limit may be drawn to encompass a right-of-way that bisects a site, provided the Director finds that the following connectivity criteria can be met:

a.    A system of corner and mid-block crossings shall be provided to functionally connect on-site pedestrian paths across the bisecting right-of-way within the proposed project limit;

b.    Pedestrian paths shall be provided to connect all buildings and right-of-way crossings located within the proposed project limit;

c.    Visual connections shall be provided between all buildings located within the project limit by minimizing topographic variation and through use of vegetation and outdoor spaces; and

d.    Only a right-of-way meeting the requirements of LUC 20.25D.080.D may be included in the land area located within the proposed project limit for the purpose of computing maximum FAR.

C.    Design Review.

1.    Scope of Approval. Design review is a mechanism by which the City shall ensure that the design, character, architecture and amenity components of a proposal are consistent with the Comprehensive Plan and any previously approved Master Development Plan, and meet all applicable standards and guidelines contained in City Codes. Design review is a mechanism by which the City shall ensure that the site development components of a proposal are consistent with the Comprehensive Plan and meet all applicable standards and guidelines contained in City Codes when site development components were not approved as part of a Master Development Plan.

2.    When Required. With the exception of the Bel-Red General Commercial district (BR-GC) all development within the Bel-Red land use districts shall be reviewed by the Director through design review (Part 20.30F LUC). An applicant may submit a design review for approval by the Director pursuant to Part 20.30F LUC for a development proposal located in the Bel-Red General Commercial district that includes deviations permitted by subsection C.3 of this section.

3.    Design Review Deviations. The Director may, through the design review process, approve a proposal that varies from the specific requirements set forth in LUC 20.25D.130 if the applicant demonstrates that the resulting design will be more consistent with the purpose and intent of the code. Deviation from the following dimensional requirements is not permitted, except pursuant to LUC 20.25D.080.B or C, or unless a variance is obtained under Part 20.30G LUC:

a.    Floor plate maximums;

b.    Minimum setbacks/stepbacks;

c.    Impervious surface/lot coverage percentages; and

d.    Maximum floor area ratio.

4.    Compliance with an applicable Master Development Plan. In addition to the decision criteria in LUC 20.30F.145, each structure and all proposed site development shall comply with any approved Master Development Plan applicable to the project limit described in a design review application. If the application for design review contains elements inconsistent with an applicable Master Development Plan, the Director shall not approve the design review unless the Master Development Plan is amended to include those elements.

D.    Procedural Merger.

Within a Bel-Red land use district, any administrative decision required by this Part 20.25D or by the Land Use Code, including but not limited to the following, may be applied for and reviewed as a single Process II Administrative Decision, pursuant to LUC 20.35.200 through 20.35.250:

1.    Master Development Plan, Part 20.30V LUC;

2.    Administrative Conditional Use Permit, Part 20.30E LUC;

3.    Design Review, Part 20.30F LUC;

4.    Variance, Part 20.30G LUC; and

5.    Critical Areas Land Use Permit, Part 20.30P LUC. (Ord. 5874, 5-18-09, § 1)

20.25D.035 Catalyst Projects.

A.    Catalyst Project Definitions.

The definitions contained in this subsection apply only to the catalyst project provisions of this code in this section.

1.    Catalyst Project. A development proposal that meets all of the following criteria:

a.    Located in a Bel-Red land use district node;

b.    The project limit is greater than four acres in size;

c.    FAR within the project limit is proposed to exceed 2.0;

d.    A complete Master Development Plan application is submitted within 18 months of Federal Transit Authority issuance of a record of decision on the Sound Transit East Link Project, or prior to December 31, 2011, whichever is later; and

e.    The construction value associated with developer-funded infrastructure exceeds $300,000 per acre of land included within the project limit.

2.    Complete Master Development Plan. A Master Development Plan application that meets the requirements governing application completeness under the terms of the Local Project Review Act (RCW 36.70B.070(2)) as currently adopted or subsequently amended or superseded), and describes the entire project limit and associated project components that are proposed to receive the benefit of catalyst project incentives described in subsection B of this section. Expansions to the project limit associated with the complete Master Development Plan that are submitted after the deadline contained in subsection A.1.d of this section shall not be eligible for the catalyst project incentives.

3.    Developer Funded Infrastructure. An improvement or dedication that meets all of the following criteria:

a.    The improvement is required as a condition of approving a catalyst project Master Development Plan;

b.    The improvement is identified as public right-of-way or located within the public right-of-way;

c.    The improvement is limited to public infrastructure such as sidewalks, local streets, and related utilities, and does not include private infrastructure that serves only catalyst project users such as side sewer and water connections;

d.    The land associated with the improvement is not used to earn floor area pursuant to the special dedication and transfer provision of LUC 20.25D.080.D;

e.    The cost of the improvement is not reimbursed or credited under the terms of City Code (e.g., impact fees under the Transportation Improvement Program, Chapter 22.16 BCC, or Assessment Reimbursement Contracts, Chapter 14.62 BCC) or included in a Local Improvement District (Chapter 15.04 BCC) which includes City financial participation;

f.    The improvement is not used to earn amenity points meeting the standards of the Amenity Incentive System, LUC 20.25D.090.

4.    Construction Value. A measure of value of developer-funded infrastructure determined by adding the fair market value of any land dedicated as part of the infrastructure and the actual costs of design, engineering, and construction of such infrastructure. If construction of the infrastructure is not complete, construction value may be based on reasonable estimates of costs, as approved by the director in consultation with the directors of the transportation and utilities departments.

5.    Development Agreement. An agreement adopted under the authority of and pursuant to the procedures set forth in Chapter 36.70B RCW.

B.    Catalyst Project Incentives and Requirements.

1.    The City may enter into a development agreement that allows modifications to the following provisions of the Land Use Code as applied to a catalyst project. Any modification approved in a development agreement shall be consistent with the limitations and requirements contained in this subsection.

2.    Available Land Use Code Modifications and Associated Limitations.

a.    Reduced Fee-In-Lieu Bonus Rate (LUC 20.25D.090.C.7). The fee-in-lieu bonus rate for Tier 1 amenities may be reduced to not less than $3.75 per square foot of bonus area subject to the following limitations:

i.    The reduced fee-in-lieu bonus rate may be used to satisfy only the Tier 1 FAR Amenity Standards;

ii.    The reduced fee-in-lieu bonus rate does not create an obligation for the City to pay, credit, or reimburse the owner of a catalyst project beyond the terms of this section; and

iii.    The reduced fee-in-lieu bonus rate shall be utilized to satisfy required FAR Amenity Standards consistent with the specific requirements of LUC 20.25D.090.C.

b.    Extended Vesting. The vested status of a Master Development Plan and the associated land use decisions may be extended for up to a maximum of 15 years, and the provisions of LUC 20.30V.190 shall not apply. The process provisions of LUC 20.30V.160 governing modifications or additional to an approved Master Development Plan may be modified to be consistent with the development agreement terms governing extended vesting. Extended vesting approved through a development agreement may modify the provisions of LUC 20.40.500.A subject to the following limitations:

i.    The vesting period shall not exceed 15 years from the date of the first Master Development Plan decision as determined pursuant to LUC 20.35.045;

ii.    Subsequent revisions to the Master Development Plan, or associated administrative decisions, shall not extend the vesting period described above.

iii.    The 15-year extended vesting applies only to Process II land use decisions (LUC 20.35.015.C); and

iv.    Upon expiration of the extended vesting period, the provisions of LUC 20.40.500.B shall apply.

c.    Relief from Proportional Compliance Requirements for Existing Development. Proportional compliance required pursuant to LUC 20.25D.060.G may be deferred or eliminated pursuant to a development agreement.

d.    Amenity Incentive System Bonus Points for Dedicated Parks. Parks not meeting the amenity standards of Chart 20.25D.090.C.4 may be granted an amenity incentive bonus at a rate determined pursuant to a development agreement.

3.    Residential Requirement in the OR-1 and OR-2 Land Use Districts. If the City enters into a development agreement for a catalyst project located in the OR-1 and OR-2 Land Use Districts allowing modifications to any of the provisions of the Land Use Code described in this subsection, then a minimum residential use requirement shall be established in the development agreement and the location of the residential use shall be specified in the Master Development Plan. (Ord. 5874, 5-18-09, § 1)

20.25D.040 BROTS Interlocal Agreement Limitation.

Development in the Bel-Red land use districts shall be subject to the provisions of BROTS, as originally executed to cap commercial development at a total of 12.2 million square feet through 2012, or as thereafter amended or superseded. (Ord. 5874, 5-18-09, § 1)

20.25D.050 Permitted Uses.

A.    Permitted Uses.

Specific categories of uses are listed in Chart 20.25D.070. Subsection B of this section explains Chart 20.25D.070 and describes the applicable review procedures. The use chart description and interpretation provisions of LUC 20.10.400 do not apply to the Bel-Red land use districts.

B.    Use Chart Described.

In Chart 20.25D.070, land use classifications and standard Land Use Code reference numbers are listed on the vertical axis. City of Bellevue land use districts are shown on the horizontal axis.

1.    If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for short-term uses, which are regulated under Part 20.30M LUC (Temporary Use Permits), subordinate uses which are regulated under LUC 20.20.840, and existing uses which are regulated under LUC 20.25D.060.

2.    If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to applicable general requirements of Chapter 20.20 LUC for the use and the district-specific requirements of this Part 20.25D LUC.

3.    If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the Conditional Use provisions specified in Part 20.30B or 20.30C LUC in addition to any applicable general requirements for the use and land use district.

4.    If the symbol “A” appears in the box at the intersection of the column and the row, the use is permitted subject to the Administrative Conditional Use provisions as specified in Part 20.30E LUC in addition to any applicable general requirements for the use and land use district.

5.    If a number appears in the box at the intersection of the column and the row, the use is permitted through the applicable review process and subject to the special limitations indicated in the corresponding Notes.

6.    If a “/” appears in the box at the intersection of the column and the row:

a.    The process or note indicated in front of the slash (i.e., P/ or 1/) applies outside of the node described in the column; and

b.    The process or note indicated behind the slash (i.e., /P or /1) applies inside the node described in the column. (Ord. 5874, 5-18-09, § 1)

20.25D.060 Existing Conditions.

A.    Purpose.

Many existing uses and developments would not be allowed pursuant to the Bel-Red Land Use District Charts (refer to LUC 20.25D.070) and district-specific standards and guidelines in this Part 20.25D that are in effect to implement the policies of the Bel-Red Subarea Plan. The purpose of this section is to allow the continued operation of existing light industrial and service uses, and existing developments that were legally established when the Bel-Red Subarea Plan was adopted on May 26, 2009. An additional purpose of this section is to allow limited expansion of existing uses and developments that are compatible with residential and higher intensity mixed use development that was introduced with the adoption of the plan.

B.    Types of Existing Conditions – Definitions.

A site may be considered an existing condition because it contains either an existing use or existing development as defined in this subsection and based on documentation provided pursuant to subsection D of this section.

1.    Existing Use. The use of a structure or land which was permitted when established, in existence on May 26, 2009, and not discontinued or destroyed, but is not otherwise allowed under LUC 20.25D.070.

2.    Existing Development. A structure or site development which was permitted when established, in existence on May 26, 2009, and not discontinued or destroyed, but does not otherwise comply with Part 20.25D LUC.

C.    Applicability.

1.    This section applies only to existing conditions occurring within a Bel-Red land use district.

2.    The nonconforming provisions of LUC 20.20.070 and 20.20.560 do not apply within the Bel-Red land use districts.

3.    Expansions or modifications of an existing use or development shall comply with any applicable requirements of Part 20.25H LUC, Critical Areas Overlay District. In the event of a conflict between this Part 20.25D LUC and Part 20.25H LUC, the requirements of Part 20.25H LUC, Critical Areas Overlay District, shall control.

4.    Modifications to signs associated with an existing use or development shall comply with any applicable requirements of the Sign Code, Chapter 22B.10 BCC.

D.    Documentation.

The applicant shall submit documentation which shows that the existing condition was permitted when established and has been maintained over time. The Director shall determine based on subsections D.1 and D.2 of this section whether the documentation is adequate to support a determination that the use and development constitute an existing condition under the terms of this section. The Director may waive the requirement for documentation when an existing condition has been clearly established.

1.    Existing Condition Permitted when Established. Documentation that the condition was permitted when established includes, but is not limited to, the following:

a.    Building, land use or other development permits; or

b.    Land Use Codes or Land Use District Maps.

2.    Existing Condition Maintained Over Time. Documentation that the existing condition was maintained over time, and not discontinued or destroyed as described in this section includes, but is not limited to, the following:

a.    Utility bills;

b.    Income tax records;

c.    Business licenses;

d.    Listings in telephone or business directories;

e.    Advertisements in dated publications;

f.    Building, land use or other development permits;

g.    Insurance policies;

h.    Leases; and

i.    Dated aerial photos.

3.    Appeal of Director Determination. The Director’s determination of whether a use constitutes an existing condition may be appealed pursuant to LUC 20.35.250, Appeal of Process II decisions.

E.    Regulations Applicable to All Existing Conditions.

1.    Ownership. The status of an existing condition is not affected by changes in ownership.

2.    Maintenance and Repair. Routine maintenance and repair associated with existing conditions is allowed. “Routine maintenance” includes those usual acts to prevent decline, lapse, or cessation from a lawfully established condition. “Routine repair” includes in-kind restoration to a state comparable to its original condition within a reasonable period after decay has occurred.

F.    Regulations Applicable to Existing Uses.

1.    Operations.

a.    Existing Uses May Continue to Operate. Operations associated with an existing use may continue, subject to the provisions of this subsection F.

b.    Existing Uses – Hours of Operation. The hours of operation associated with an existing use located in land use districts which permit residential uses may only extend into the period of 9:00 p.m. to 6:00 a.m. subject to Administrative Conditional Use approval. Existing uses which currently operate between these hours may continue without ACU approval, as long as the hours of operation between 9:00 p.m. and 6:00 a.m. are not expanded.

2.    Expansions. Existing uses may expand under certain circumstances as described in this subsection:

a.    Expansions of Floor Area. Floor area associated with existing uses may be expanded in conformance with this code.

b.    Expansions of Exterior Improved Areas. Exterior improved areas associated with an existing use may be expanded by increasing the amount of land used. Exterior areas supporting the existing use may be expanded.

c.    Limitations on Expansion.

i.    No expansion of hazards. No expansion in operations shall be permitted that increases the use or on-site quantity of flammable or hazardous constituents (e.g., compressed gases, industrial liquids, etc.), or that increases the amount of waste generated or stored that is subject to the Washington Hazardous Waste Management Regulations, RCW 70.105.210, as currently adopted or subsequently amended or superseded. The Director may in consultation with the Fire Marshal modify the requirements of this subsection if the Director determines that the expansion will not increase the threat to human health and the environment over the pre-expansion condition.

ii.    Expansions within Nodes (BR-MO-1, BR-OR-1 and 2, BR-RC-1, 2, and 3) and Residential Land Use Districts (BR-R). Refer to LUC 20.25D.060.F.2.c Figure 1. Floor area or exterior improvements associated with an existing use may be expanded when proposed within the limits of property held in a single ownership in existence on May 26, 2009, pursuant to an Administrative Conditional Use approval.

20.25D.060.F.2.c – Figure 1

Expansions within nodes and residential Land Use Districts
Lot 1	Lot 2	Lot 3	Lot 4	Lot 5
	Limits of property held in a single ownership as of (date)
	Area occupied by existing use as of (date)
	Area where existing use may expand in conformance with this code

iii.    Expansions outside Nodes and in Nonresidential Land Use Districts (BR-MO, BR-OR, BR-GC, BR-CR, and BR-ORT). Refer to LUC 20.25D.060.F.2.c Figure 2. Floor area or exterior improvements associated with an existing use may be expanded beyond limits of property held within a single ownership in existence on May 26, 2009, pursuant to an Administrative Conditional Use approval and the following limitations:

(1)    The property proposed for expansion is abutting at least one of the property lines of the existing use as they existed on May 26, 2009.

(2)    The regulations applicable to the property proposed for expansion would have allowed the use as of May 26, 2009.

20.25D.060.F.2.c – Figure 2

Expansions outside nodes and nonresidential Land Use Districts
Lot 1	Lot 2	Lot 3	Lot 4	Lot 5
	Limits of property held in a single ownership as of (date)
	Area occupied by existing use as of (date)
	Area where existing use may expand in conformance with this code

3.    Loss of Existing Use Status.

a.    Discontinuance. If an existing use of a structure or exterior improved area 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 an existing use of a structure or exterior improved area for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.

b.    Accidental Destruction. When a structure containing an existing use is damaged by fire or other causes beyond the control of the owner, the use may be re-established. The structure may be repaired and/or reconstructed in accordance with applicable City Codes.

c.    Relinquishment. An existing use is relinquished when the existing use is replaced with an allowed use pursuant to LUC 20.25D.070. Upon relinquishment, the existing use rights no longer apply and the existing use may not be re-established.

G.    Regulations Applicable to Existing Development.

1.    Existing Development May Remain. Existing development may remain unless specifically limited by the terms of this subsection.

2.    Permitted Alterations to Existing Development. Existing development may be altered; provided, that the alteration conforms to City Codes and the existing development conforms to proportional compliance requirements contained in subsection G.3 of this section.

a.    Three-Year Period. Alterations made within a three-year period will be viewed as a single change for the purposes of determining required improvements.

b.    Value of Changes. The value of alterations is determined by the Director based on the entire project and not individual permits. The Director shall promulgate rules for determining the value of alterations in the context of this section.

3.    Proportional Compliance. An existing development associated with an existing, permitted, or conditional use may be altered consistent with the requirements set forth below:

a.    Threshold Triggering Required Improvements. The standards of this subsection shall be met when the value of the proposed changes to an existing development exceed $150,000 as of May 26, 2009. The threshold established here will be reviewed annually, and, effective January 1st of each year, may be administratively increased or decreased by an adjustment to reflect the current published annual change in the Seattle Consumer Price Index for Wage Earners and Clerical Workers as needed in order to maintain accurate construction costs for the region. Routine maintenance and repair does not constitute an alteration, and does not count toward the threshold. The following alterations and improvements are exempt from being counted toward the threshold:

i.    Alterations required as a result of a fire prevention inspection;

ii.    Alterations related to the removal of architectural barriers as required by the Americans with Disabilities Act, or the Washington State Building Code (Chapter 19.27 RCW), now or as hereafter amended;

iii.    Alterations required for the seismic retrofit of existing structures;

iv.    Improvements to on-site stormwater management facilities in conformance with Chapter 24.06 BCC, now or as hereafter amended;

v.    Alterations that reduce off-site impacts (including but not limited to noise, odors, dust, and other particulate emissions);

vi.    Alterations that meet LEED, Energy Star or other industry-recognized standard that results in improved mechanical system, water savings, or operational efficiency; and

vii.    Until June 30, 2012, exempt interior alterations and improvements proposed to accommodate a permitted use that do not expand the footprint of the existing development.

b.    Required Improvements. When alterations meet the threshold in subsection G.3.a of this section existing development shall be brought toward compliance in the following areas:

i.    Landscape development requirements as set forth in LUC 20.20.520 and 20.25D.110 and required landscape treatments as set forth in LUC 20.25D.130;

ii.    Circulation and internal walkway requirements, as set forth in LUC 20.20.590 and 20.25D.120;

iii.    Surface parking lot landscaping as set forth in LUC 20.20.520 and 20.25D.110 standards that apply to the site; and

iv.    Required paving of surface parking, outdoor storage, and retail display areas.

c.    Timing and Cost of Required Improvements.

i.    Required improvements shall be made as part of the alteration that triggered the required improvements;

ii.    The value of required improvements shall be limited to 20 percent of the value of the proposed alteration. The applicant shall submit evidence as required by the Director that shows the value of proposed improvements associated with any alteration; and

iii.    Required improvements shall be made in order of priority listed in subsection G.3.b of this section unless a deviation in priority order is approved by the Director as necessary to accommodate a function that is an essential component of the existing development.

4.    Loss of Existing Development Status.

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

b.    Accidental Destruction. When an existing development is damaged by fire or other causes beyond the control of the owner, the existing development may be re-constructed. The existing development may be repaired and/or reconstructed in its original configuration. Changes to the footprint and exterior proposed as part of the repair and/or reconstruction must conform to this code. (Ord. 5874, 5-18-09, § 1)

20.25D.070 Land Use Charts.

The following charts apply to Bel-Red. The use charts contained in LUC 20.10.440 do not apply within the Bel-Red land use districts.

Chart 20.25D.070

Residential Uses in Bel-Red Land Use Districts.

STD LAND USE CODE REF		Residential – Bel-Red Districts
		Bel-Red Medical Office/Node	Bel-Red Office Residential/Nodes	Bel-Red Residential Commercial Nodes	Bel-Red Residential	Bel-Red General Commercial	Bel-Red Commercial Residential	Bel-Red Office Residential Transition
	LAND USE CLASSIFICATION	BR-MO/ MO-1	BR-OR/ OR-1 OR-2	BR- RC-1 RC-2 RC-3	BR-R	BR-GC	BR-CR	BR-ORT
1	Residential (1)
	Single-Family Dwelling		P 2/		P 2	3	P 2	P
	Two to Four Dwelling Units Per Structure		P/P	P	P	3	P 2	P
	Five or More Dwelling Units Per Structure (5)		P/P	P	P	3	P 2	P
12	Group Quarters: Dormitories, Fraternal Houses, Excluding Military and Correctional Institutions, and Excluding Secure Community Transition Facilities
13 15	Hotels and Motels	P/P	P/P	P		P	P
	Congregate Care Senior Housing (1)	P/P	P/P	P	P		P
6516	Nursing Home (1)	P/P	P/P	P	P		P
	Assisted Living (1)	P/P	P/P	P	P		P
	Accessory Dwelling Unit (4)	P/	P/		P		P	P

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C LUC)

    A – Administrative Conditional Use (see Part 20.30E LUC)

Notes: Uses in land use districts – Residential.

(1)    An agreement shall be recorded with the King County Department of Records and Elections restricting senior citizen dwellings, congregate care senior housing, or assisted living to remain as senior housing for the life of the project.

(2)    A minimum density of 10 units per acre shall be achieved for new single-family dwelling units. This requirement does not apply to work-live units.

(3)    Work-live units are the only housing permitted in BR-GC.

(4)    Accessory dwelling units may be established in existing or permitted (P) single-family structures subject to the performance criteria of LUC 20.20.120.

(5)    Bicycle parking shall be provided pursuant to LUC 20.25D.120.G.

Chart 20.25D.070

Manufacturing Uses in Bel-Red Land Use Districts.

		Manufacturing – Bel-Red Districts
STD LAND USE CODE REF		Bel-Red Medical Office/Node	Bel-Red Office Residential/Nodes	Bel-Red Residential Commercial Nodes	Bel-Red Residential	Bel-Red General Commercial	Bel-Red Commercial Residential	Bel-Red Office Residential Transition
	LAND USE CLASSIFICATION	BR-MO/ MO-1	BR-OR/ OR-1 OR-2	BR- RC-1 RC-2 RC-3	BR-R	BR-GC	BR-CR	BR-ORT
2 and 3	Manufacturing (1, 2, 5)
21	Food and Beverage Products Mfg. (3)					P 4	P 4
22	Textile Products Mfg.					P 4	P 4
23	Apparel, Fabric, Accessories, and Leather Goods Mfg.					P 4	P 4
24	Lumber and Wood Products Mfg.
25	Furniture and Fixtures Mfg.					P 4	P 4
26	Paper Products Mfg.					P4	P4
27	Printing, Publishing, and Allied Industries					P
28	Chemicals and Related Products Mfg.
31	Rubber Products Mfg.
314	Misc. Plastic Products Mfg.					P 4	P 4
321 322 324 325 327	Light Stone, Clay, and Glass Products Mfg.: Glass, Pottery, and China Ceramic Products, Stone Cutting and Engraving (except Concrete Batch Plant)					P 4	P 4
	Concrete Batch Plant
329	Handcrafted Products Mfg.					P 4	P 4
3427	Computers, Office Machines, and Equipment Mfg.					P 4
3433 3434 3435 3436 3437	Electrical Equipment Mfg.: Appliances, Lighting, Radio, TV Communications, Equipment and Component Parts					P 4
3491 3492 3493 3495 3497	Fabricated Metal Products Mfg.: Containers, Hand Tools, Heating Equipment, Screw Products, Coating and Plating					P 4
35	Measuring, Analyzing and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks Mfg.	P				P 4	P 4
3997	Signs and Advertising Display Mfg.					P
3999	Misc. Light Fabrication, Assembly and Mfg. Not Elsewhere Classified					P

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C LUC)

    A – Administrative Conditional Use (see Part 20.30E LUC)

Notes: Uses in land use districts – Manufacturing.

(1)    Permitted manufacturing uses shall not include primary metal industries such as foundries, smelters, blast furnaces, rolling mills, and concrete batch plants. The Director may in consultation with the Fire Marshal modify the requirements of this note for a limited scale manufacturing use if the Director determines that the modification will not create an unreasonable threat to human health and the environment. A “limited scale manufacturing use” is one that is size-restricted to 20,000 square feet or less.

(2)    The manufacture of flammable, dangerous, or explosive materials is excluded.

(3)    Microbrewery manufacturing is permitted as a component of an eating and drinking establishment; provided, that the manufacturing use occupies not more than 50 percent of the total square footage of the combined establishment.

(4) The manufacturing use located in this land use district shall not exceed 20,000 square feet.

(5)    New outdoor storage associated with this permitted manufacturing use shall comply with applicable performance criteria for that use and the Landscape Development Requirements as set forth in LUC 20.25D.110.

Chart 20.25D.070

Transportation and Utilities Uses in Bel-Red Land Use Districts.

		Transportation and Utilities – Bel-Red Districts
STD LAND USE CODE REF		Bel-Red Medical Office/Node	Bel-Red Office Residential/Nodes	Bel-Red Residential Commercial Nodes	Bel-Red Residential	Bel-Red General Commercial	Bel-Red Commercial Residential	Bel-Red Office Residential Transition
	LAND USE CLASSIFICATION	BR-MO/ MO-1	BR-OR/ OR-1 OR-2	BR- RC-1 RC-2 RC-3	BR-R	BR-GC	BR-CR	BR-ORT
4	Transportation, Communications and Utilities
41	Rail Transportation: Right-of-Way, Yards, Terminals, Maintenance Shops	C/C	C/C	C	C	C	C	C
42 4291	Motor Vehicle Transportation: Bus Terminals, Taxi Headquarters					C
4214 422	Motor Vehicle Transportation: Maintenance Garages and Motor Freight Services	C/	C/			C
43	Aircraft Transportation: Airports, Fields, Terminals, Heliports, Storage and Maintenance	C 1	C 1
	Accessory Parking (2,3)	P/P	P/P	P	P 4	P	P	P
46	Auto Parking Commercial Lots and Garages (5)	/P	/P	P
	Park and Ride (6)		C/C	C
475	Radio and Television Broadcasting Studios
485	Solid Waste Disposal (7)
	Highway and Street Right-of-Way (8)	P	P/P	P	P	P	P	P
	Utility Facility	C	C/C	C	C	C	C	C
	Local Utility System	P	P/P	P	P	P	P	P
	Regional Utility System	C	C/C	C	C	C	C	C
	On and Off-Site Hazardous Waste Treatment and Storage Facilities
	Essential Public Facility (9)	C	C/C	C	C	C	C	C
	Wireless Communication Facility (WCF): (without WCF Support Structures)	10, 11, and 12	10, 11, and 12	10, 11, and 12	10, 11, and 12	10, 11, and 12	10, 11, and 12	10, 11, and 12
	Communication, Broadcast and Relay Towers Including WCF Support Structures (Freestanding)	10, 11	10, 11	10, 11	10, 11	10, 11	10, 11	10, 11
	Satellite Dishes (13)	P	P/P	P	P	P	P	P
	Electrical Utility Facility (14)	A C/A C	A C/A C	A C	A C	A C	A C	A C

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C LUC)

    A – Administrative Conditional Use (see Part 20.30E LUC)

Notes: Uses in land use districts – Transportation and Utilities.

(1)    Aircraft transportation is limited to only heliports and is regulated under the terms of LUC 20.20.450.

(2)    Accessory parking requires approval through the review process required for the primary land use which it serves pursuant to Chart 20.25D.070.

(3)    The location of an off-site parking facility shall be approved by the Director. See LUC 20.25D.120.

(4)    Accessory parking is not permitted in the BR-R land use district as accessory to any use that is not permitted in BR-R.

(5)    Commercial lots and garages are only permitted to accommodate short-term parking (four hours or less). Parking structures are required to meet the performance standards contained in LUC 20.25D.120.D.

(6)    A park and pool lot or other carpool facility is regulated as a park and ride. A park and ride providing no more than 50 parking spaces, and utilizing the parking area of an established use, shall be regulated as an accessory use under LUC 20.20.200. Any other park and ride requires a conditional use permit.

(7)    Solid waste disposal facilities may be continued as an existing use pursuant to LUC 20.25D.060, provided all requirements in LUC 20.20.820 are met.

(8)    Design is required to meet the standards contained in LUC 20.25D.140 and the 2008 Transportation Department Design Manual as currently adopted or subsequently amended or superseded.

(9)    Refer to LUC 20.20.350 for general requirements applicable to Essential Public Facilities (EPF).

(10)    Wireless communication facilities (WCFs) are not permitted on residential structures, sites developed with a residential use, or on undeveloped sites located in the BR-R land use district. This note does not prohibit locating a WCF on nonresidential structures (i.e., churches, schools, public facility structures, utility poles, etc.) or in public rights-of-way in any BR land use district.

(11)    Refer to LUC 20.20.195 for general requirements applicable to wireless communication facilities and other communication, broadcast, and relay facilities.

(12)    Antennas and associated equipment used to transmit or receive fixed wireless signals when located at a fixed customer location are permitted in all land use districts and are exempt from the requirements of LUC 20.20.010, 20.20.195 and 20.20.525 so long as the antenna and equipment comply with 47 C.F.R. 1.4000, now or as hereafter amended. A building permit may be required to ensure safe installation of the antenna and equipment.

(13)    Refer to LUC 20.20.730 for general requirements applicable to Large Satellite Dishes. In BR-OR, BR-OR-1, BR-OR-2, BR-RC-1, BR-RC-2, BR-RC-3, BR-CR, and BR-R, only the provisions of LUC 20.20.730.B and 20.20.730.C shall apply.

(14)    For the definition of Electrical Utility Facility see LUC 20.50.018 and for reference to applicable development regulations relating to electrical utility facilities see LUC 20.20.255. 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, complete an alternative siting analysis as described in LUC 20.20.255.D and comply with decision criteria and design standards set forth in LUC 20.20.255. 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 and comply with decision criteria and design standards set forth in LUC 20.20.255.

Chart 20.25D.070

Wholesale and Retail Uses in Bel-Red Land Use Districts.

		Wholesale and Retail – Bel-Red Districts
STD LAND USE CODE REF		Bel-Red Medical Office/Node	Bel-Red Office Residential/Nodes	Bel-Red Residential Commercial Nodes	Bel-Red Residential	Bel-Red General Commercial	Bel-Red Commercial Residential	Bel-Red Office Residential Transition
	LAND USE CLASSIFICATION	BR-MO/ MO-1	BR-OR/ OR-1 OR-2	BR- RC-1 RC-2 RC-3	BR-R	BR-GC	BR-CR	BR-ORT
5	Trade (Wholesale and Retail) (1, 7, 15)
51	Wholesale Trade: General Merchandise, Products, Supplies, Materials and Equipment except the following:					P 2
5111 5156 5157 5191 5192	Wholesale Trade: Motor Vehicles, Primary and Structural Metals, Bulk Petroleum
5193	Scrap Waste Materials, Livestock
	Recycling Centers		P/			P	P
521 522 523 524	Lumber and Other Bulky Building Materials Including Preassembled Products		P 3/			P	P 3
5251	Hardware, Paint, Tile and Wallpaper (Retail)		P 3/	P 3	P 4	P	P 3
5252	Farm Equipment
53	General Merchandise: Dry Goods, Variety and Dept. Stores (Retail)		P/P 2	P 2	P 4	P	P
54	Food and Convenience Store (Retail) (5,6)	P/P	P/P	P	P 4	P	P	P4
5511	Autos, Motorcycles (Retail)					P	A 7
	Trucks, Recreational Vehicles (Retail)					P 2
	Boats (Retail)					P 2
552	Automotive and Marine Accessories (Retail)					P 2
553	Gasoline Service Stations (8)		P/			P	P
56	Apparel and Accessories (Retail)	P/P 2	P/P	P	P 4, 13, 14	P 2	P
57	Furniture, Home Furnishing (Retail)		P/P	P	P 4, 13, 14	P	P
58	Eating and Drinking Establishments (3, 6)		P/ P 9	P 9	P 4, 13, 14	P	P	P
59	Misc. Retail Trade: Drugs, Liquor, Antiques, Books, Sporting Goods, Jewelry, Florist, Photo Supplies, Video Rentals and Computer Supplies		P/ P 3	P 3	P 4, 13, 14	P	P 2	P
	Adult Retail Establishments (10)		P/P			P	P
5961	Farm Supplies, Hay, Grain, Feed and Fencing, etc. (Retail)					P 2
596	Retail Fuel Yards
5996	Garden Supplies, Small Trees, Shrubs, Flowers, Ground Cover, Horticultural Nurseries and Light Supplies and Tools (11)		P/ P 3	P 3	P 4, 13, 14	P	P
5999	Pet Shop (Retail, Pet Day Care, and Grooming) (12)			P 3	P 4, 13, 14	P	P
	Computers and Electronics (Retail)		P/ P 3	P 3		P	P

Existing uses in the Bel-Red District are regulated pursuant to LUC 20.25D.060.

Key

    P – Permitted Use

    C – Conditional Use (see Parts 20.30B and 20.30C)

    A – Administrative Conditional Use (see Part 20.30E)

Notes: Uses in land use districts – Wholesale and Retail.

(1)    Wholesale trade excludes tank farms.

(2)    This individual use is limited in size to no greater than 20,000 square feet per establishment.

(3)    Any new business which combines three or more permitted retail sales uses shall be limited in size to 50,000 square feet. This Note does not apply to uses that exceed the size limit but are documented existing uses pursuant to LUC 20.25D.060.

(4)    All permitted retail, service, and recreation uses combined shall not exceed 10,000 square feet, except as provided for in Notes (13) and (14) below.

(5)    Food and Convenience Stores (Retail) shall contain at least 75 percent square footage of retail food sales not for consumption on premises.

(6)    Drive-in windows are not allowed except as regulated by LUC 20.25D.060, Existing Conditions.

(7)    See LUC 20.25D.100, Automobile and Motorcycle Sales, Leasing, and Rental, for applicable performance criteria.

(8)    Gasoline service stations may include convenience stores.

(9)    Microbrewery manufacturing is permitted as a component of an eating and drinking establishment; provided, that the manufacturing use occupies not more than 50 percent of the total square footage of the combined establishment.

(10)    Adult retail establishments are subject to the regulations for adult entertainment uses in LUC 20.20.127.

(11)    Garden Supplies excludes items such as large trees, rock, and bulk supplies which require special handling equipment.

(12)    See LUC 20.20.130 for general requirements applicable to this use.

(13)    In any existing development meeting the definition of LUC 20.25D.060, all permitted retail, service, and recreation uses combined may occupy any part of the existing development; provided, that no individual use shall exceed 10,000 square feet.

(14)    In any new residential building, all permitted retail, service, and recreation uses combined may occupy the ground floor without size limitation; provided, that no individual use shall exceed 10,000 square feet. A single building is considered residential for the purposes of this Note if more than 50 percent of the gross floor area is devoted to residential uses.

(15)    All wholesale and retail uses, which offer shopping carts to customers, shall (a) designate a shopping cart containment area as defined in BCC 9.10.010; (b) display signage around shopping cart corrals and at the perimeter of the shopping cart containment area that provides notice that unauthorized removal of a shopping cart from the premises constitutes theft under RCW 9A.56.270 and unauthorized abandonment of a shopping cart more than 100 feet away from the parking area of a retail establishment or shopping cart containment area is a Class 3 civil infraction as defined in RCW 7.80.120; and (c) display information on each shopping cart that is consistent with the labeling requirements of RCW 9A.56.270 and includes a 24-hour toll-free phone number to report abandoned shopping carts. Abandoned shopping carts or shopping carts located outside of a shopping cart containment area constitute a public nuisance under BCC 9.10.030(H) and may be abated through the provisions of Chapter 1.18 BCC.

Chart 20.25D.070

Services Uses in Bel-Red Land Use Districts.

		Services – Bel-Red Districts
STD LAND USE CODE REF		Bel-Red Medical Office/Node	Bel-Red Office Residential/Nodes	Bel-Red Residential Commercial Nodes	Bel-Red Residential	Bel-Red General Commercial	Bel-Red Commercial Residential	Bel-Red Office Residential Transition
	LAND USE CLASSIFICATION	BR-MO/ MO-1	BR-OR/ OR-1 OR-2	BR- RC-1 RC-2 RC-3	BR-R	BR-GC	BR-CR	BR-ORT
6	Services
61	Finance, Insurance, Real Estate Services (10)	P 9/P 9	P/P	P	P 1, 11, 12	P	P	P
62	Personal Services: Laundry, Dry Cleaning, Barber and Beauty, Photography Studio and Shoe Repair	P/P	P/P	P	P1, 11, 12	P	P	P
6241	Funeral and Crematory Services	C/C				C
6262	Cemeteries
629	Child Care Services (2, 3)