20D.56.30 Transit-Related Setbacks.

20D.56.30-010 Transit-Related Setbacks.

(1)    No new structure may be built, or any existing structure expanded, between the property line and the transit-related setback line shown in Figure 1, Figure 2, or Figure 3. These regulations do not apply to patios, outdoor seating and other easily removable structures.

(2)    The City shall not require transit-related setbacks where permitted structures exist and are proposed to be retained.

(3)    These regulations do not apply when their strict application would deny all reasonable economic use of private property. Anyone seeking relief from strict application of these standards must demonstrate the following to the decision-making body for the land use entitlement application:

(a)    Strict application of these regulations would prevent all reasonable economic use of the property;

(b)    There is no feasible and reasonable on-site alternative to the activities proposed; the applicant shall include an analysis of whether there is any practicable on-site alternative to the proposed development with less impact to these regulations, including other allowed uses, reduction in density, phasing of project implementation, change in timing of activities, or related site planning considerations that would allow a reasonable use in conjunction with the application of these regulations; and

(c)    The inability to derive reasonable economic use is not the result of the applicant’s actions.

(4)    If a reasonable economic use of a site cannot exist without modification of required setbacks, the City shall modify the fixed regulations only to the extent necessary to provide for reasonable use of the property while providing as much setback area for transit as is possible under the circumstances.

(5)    The Technical Committee may expand, reduce, or waive the required setback in order to meet the purpose of this chapter, or to account for site-specific conditions. Expansions shall be substantiated by Sound Transit engineering analysis demonstrating that the expansion supports the purpose of this chapter.

(6)    Where setback regulations in this chapter conflict with setback regulations in other chapters, the most restrictive shall apply. (Ord. 2489(AM))