Backyard Cottages Legislation Proposed 
On March 19, 2009, Mayor Greg Nickels proposed legislation to allow backyard cottages in Seattle’s single family zones. Backyard cottages, also known as detached accessory dwelling units, have been allowed in southeast Seattle neighborhoods since 2006. Attached accessory dwelling units, those attached to or inside the principal residence, have been allowed in Seattle’s neighborhoods since 1994. The legislation sets a number of development standards for the cottages, and continues the requirement that the homeowner live onsite. 

Highlights of the proposed standards include:

• The lot must be at least 4,000 square feet in area, with minimum width and depth

Requirements

• The principal house and backyard cottage combined must not exceed the current 35 percent lot coverage limit for single family zones
• The cottages can be no more than 800 square feet in area, with a height limit of 15 to 23 feet high
• Parking is required for the backyard cottage
• The legislation also sets an annual limit of 50 new backyard cottages in Seattle (since being allowed in southeast Seattle in 2006, 14 backyard cottages have been constructed)

For more information on backyard cottages, or to comment on the proposed policy, please visit the Backyard Cottages website or contact: Andrea Petzel, DPD Senior Planner at (206) 615-1256.

On March 19, 2009, Mayor Greg Nickels proposed legislation to allow backyard cottages in Seattle’s single family zones.

Interim Tree Ordinance Takes Effect
Council Bill 116404 regarding interim tree protection measures was signed by the Mayor on March 2, 2009. Effective April 1, the following limits will be applied to all commercial, low-rise, and midrise zones and single family lots 5,000 square feet or greater:

• No exceptional trees may be removed except where allowed as part of a development permit or when the tree is found to be a hazard. Exceptional trees are particularly old or large trees and provide substantially greater benefits than smaller trees. These trees are defined in DPD Director’s Rule 16-2008 which is available online.
• No more than three non-exceptional trees six inches or greater in diameter may be removed on a lot within any 12 month period except when associated with a development permit or when the tree is found to be a hazard.

No new permits will be required for tree removal within these limits. Proposals to remove trees as part of a development will be reviewed as part of a master use or building permit and will be subject to existing requirements of the tree protection ordinance, Seattle Municipal Code 25.11. 

Hazard trees may be removed in all situations with documentation as described in Client Assistance Memo (CAM) 331B, Environmentally Critical Areas: Hazard Trees. Removal of trees in environmentally critical areas continues to be regulated separately as described in CAM 331, Environmentally Critical Areas—Tree and Vegetation Overview. 

If you are planning to remove trees on your property, it is recommended that you consult a tree care professional to determine if a tree is exceptional or if there are any tree hazard or health issue that might require removal.

The ordinance limits the number and type of trees that may be removed where no development is proposed on commercial, low-rise and mid-rise multi-family, and single -family lots greater than 5,000 square feet.

DPD estimates there are up to 1,000 URMs in Seattle, most of which have not been seismically retrofitted.

Noise Code Amendments
On March 13, 2009, Mayor Nickels signed Ordinance 122923 that updates the noise code. The goal of the updates is to protect the City's residents and businesses from unreasonable noisy activities, such as construction. Highlights of the new code include the following:

• Updates to noise measurement methods
• A new variance process for the construction of major public projects
• An earlier stopping time (7 p.m.) for noisy construction in certain zones (neighborhood commercial, low-rise, mid-rise and high-rise)

The new noise variance process for major public construction projects requires a noise management and mitigation plan that effectively controls noise from the proposed construction. That plan will be required in order to obtain this variance. Mitigation could include features such as walls erected to limit noise from reaching nearby homes or businesses. 

This variance will also require a “check-in” review one year after the start of construction, to assess whether conditions of the noise variance are working, or whether adjustments to conditions and mitigations are needed. This ordinance will likely go into effect in mid-June. 

If you have questions about the noise code, please contact Gordon Clowers, DPD Planner at (206) 684-8375.

The goal of the updates is to protect the City's residents and businesses from unreasonable noisy activities, such as construction.