A.

This Chapter 23.49 details those authorized uses and their development standards which are or may be permitted in downtown zones: Downtown Office Core 1 (DOC1), Downtown Office Core 2 (DOC2), Downtown Retail Core (DRC), Downtown Mixed Commercial (DMC), Downtown Mixed Residential (DMR), Pioneer Square Mixed (PSM), International District Mixed (IDM), International District Residential (IDR), Downtown Harborfront 1 (DH1), Downtown Harborfront 2 (DH2), and Pike Market Mixed (PMM).

B.

Property in the following special districts: Pike Place Market Urban Renewal Area, Pike Place Market Historic District, Pioneer Square Preservation District, International Special Review District, and the Shoreline District, are subject to both the requirements of this Chapter 23.49 and the regulations of the district.

C.

Standards and guidelines for amenity features are found in the Downtown Amenity Standards.

D.

Requirements for alley improvements are provided in Chapter 23.53. Standards for design of parking are provided in Chapter 23.54. Signs shall be regulated by Chapter 23.55. Methods for measurements are provided in Chapter 23.86.

E.

Communication utilities and accessory communication devices except as exempted in Section 23.57.002 are subject to the regulations in this Chapter 23.49 and additional regulations in Chapter 23.57.

F.

Major cannabis activity is subject to the regulations in this Chapter 23.49 and additional regulations in Section 23.42.058.

G.

Light rail transit facilities shall be reviewed according to the provisions of Chapter 23.80 and are exempt from development standards of Subchapters I through IV and Subchapters VIII through X of this Chapter 23.49.

(Ord. 127228, § 9, 2025; Ord. 127099, § 29, 2024; Ord. 124969, § 10, 2016; Ord. 122054, § 8, 2006; Ord. 120928, § 17, 2002; Ord. 116295, § 12, 1992; Ord. 115326, § 18, 1990; Ord. 112303, § 3, 1985.)

Unless otherwise specified, the regulations of this subchapter shall apply to all downtown zones.

The provisions of Chapters 23.58B and 23.58C apply in all Downtown zones, except the following:

DH1/45;

DH2/55;

DH2/85;

IDM-65-150;

IDM-75-85;

All PSM zones; and

PMM-85.

(Ord. 126855, § 26, 2023 [amended title]; Ord. 125371, § 4, 2017; Ord. 125291, § 15, 2017.)

The following provisions regulating structure height apply to all property in Downtown zones except the DH1 zone. Structure height for PSM, IDM, and IDR zones is regulated by this Section 23.49.008, and by Sections 23.49.178, 23.49.208, and 23.49.236.

A.

Base and maximum height limits

1.

Except as otherwise provided in this Section 23.49.008, maximum structure heights for Downtown zones are as designated on the Official Land Use Map. In certain zones, as specified in this Section 23.49.008, the maximum structure height may be allowed only for particular uses or only on specified conditions, or both. If height limits are specified for portions of a structure that contain specified types of uses, the applicable height limit for the structure is the highest applicable height limit for the types of uses in the structure, unless otherwise specified.

2.

Except in the PMM zone, the base height limit for a structure is the lowest of the maximum structure height or the lowest other height limit, if any, that applies pursuant to this Title 23 based upon the uses in the structure, before giving effect to any bonus for which the structure qualifies under this Chapter 23.49 and to any special exceptions or departures authorized under this Chapter 23.49. In the PMM zone the base height limit is the maximum height permitted pursuant to urban renewal covenants.

3.

In zones listed below in this subsection 23.49.008.A.3, the applicable height limit for portions of a structure that contain non-residential and live-work uses is shown as the first figure after the zone designation (except that there is no such limit in DOC1), and the base height limit for portions of a structure in residential use is shown as the first figure following the "/". The third figure shown is the maximum residential height limit. Except as stated in subsection 23.49.008.D, the base residential height limit is the applicable height limit for portions of a structure in residential use if the structure does not achieve bonus residential floor area according to Chapter 23.58A, and the maximum residential height limit is the height limit for portions of a structure in residential use if the structure achieves bonus residential floor area according to Chapter 23.58A:

DOC1 Unlimited/450-unlimited

DOC2 500/300-550

DMC 340/290-440

DMC 240/290-440.

4.

A structure in a DMC 340/290-440 zone on a lot comprising a full block that abuts a DOC1 zone along at least one street frontage may gain additional structure height of 30 percent above the maximum residential height limit if the structure achieves bonus residential floor area according to Chapter 23.58A, or 35 percent above 340 feet if the structure does not include bonus residential floor area according to Chapter 23.58A, in either case under the following conditions:

a.

Only one tower is permitted on the lot;

b.

Any additional floor area above the maximum height limit for non-residential or live-work use, as increased under this subsection 23.49.008.A.4, is occupied by residential use;

c.

The average residential gross floor area and maximum residential floor area of any story in the portion of the tower permitted above the base residential height limit do not exceed the limits prescribed in subsection 23.49.058.C.1;

d.

Any residential floor area allowed above the base residential height limit under this provision is achieved according to Chapter 23.58A;

e.

At least 35 percent of the lot area, or a minimum of 25,000 square feet, whichever is greater, is in open space use substantially at street level meeting the following standards, and subject to the following allowances for coverage:

1)

The location and configuration of the space shall enhance solar exposure, allow easy access to entrances to the tower serving all tenants and occupants from streets abutting the open space, and allow convenient pedestrian circulation through all portions of the open space. The open space shall be entirely contiguous and physically accessible. To offset the impact of the taller structure allowed, the open space shall have frontage at grade abutting sidewalks, and be visible from sidewalks, on at least two streets. The elevation of the space may vary, especially on sloping lots where terracing the space facilitates connections to abutting streets, provided that grade changes are gradual and do not significantly disrupt the continuity of the space, and no part of the open space is significantly above the grade of the nearest abutting street. The Director may allow greater grade changes, as necessary, to facilitate access to transit tunnel stations.

2)

Up to 20 percent of the area used to satisfy the open space condition to allowing additional height may be covered by the following features: permanent, freestanding structures, such as retail kiosks, pavilions, or pedestrian shelters; structural overhangs; overhead arcades or other forms of overhead weather protection; and any other features approved by the Director that contribute to pedestrian comfort and active use of the space. The following features within the open space area may count as open space and are not subject to the percentage coverage limit: temporary kiosks and pavilions, public art, permanent seating that is not reserved for any commercial use, exterior stairs and mechanical assists that provide access to public areas and are available for public use, and any similar features approved by the Director.

f.

Open space used to satisfy the condition to allowing additional height in this Section 23.49.008 is not eligible for a bonus under Section 23.49.013.

g.

Open space used to satisfy the condition to allowing additional height in this Section 23.49.008 may qualify as common recreation area to the extent permitted by subsection 23.49.011.B and may be used to satisfy open space requirements in subsection 23.49.016.C.1 if it satisfies the standards of subsection 23.49.016.C.1.

h.

No increase in height shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board.

5.

In a DRC zone, the base height limit is 85 feet, except that, subject to the conditions in subsection 23.49.008.A.6:

a.

The base height limit is 170 feet if any of the following conditions is satisfied:

1)

All portions of a structure above 85 feet contain only residential use; or

2)

At least 25 percent of the gross floor area of all structures on a lot is in residential use; or

3)

A minimum of 1.5 FAR of eating and drinking establishments, retail sales, and service or entertainment uses, or any combination thereof, is provided on the lot.

b.

For residential floor area created by infill of a light well on a Landmark structure, the base height limit is the lesser of 170 feet or the highest level at which the light well is enclosed by the full length of walls of the structure on at least three sides. For the purpose of this subsection 23.49.008.A.5.b, a light well is defined as an inward modulation on a non-street-facing facade that is enclosed on at least three sides by walls of the same structure, and infill is defined as an addition to that structure within the light well.

6.

Restrictions on demolition and alteration of existing structures

a.

Any structure in a DRC zone that would exceed the 85-foot base height limit shall incorporate the existing exterior street-front facade(s) of each of the structures listed below, if any, located on the lot of that project. The City Council finds that these structures are significant to the architecture, history, and character of downtown. The Director may permit changes to the exterior facade(s) to the extent that significant features are preserved and the visual integrity of the design is maintained. The degree of exterior preservation required will vary, depending upon the nature of the project and the characteristics of the affected structure(s).

b.

The Director shall evaluate whether the manner in which the facade is proposed to be preserved meets the intent to preserve the architecture, character, and history of the Retail Core. If a structure on the lot is a Landmark structure, approval by the Landmarks Preservation Board for any proposed modifications to controlled features is required prior to a decision by the Director to allow or condition additional height for the project. The Landmarks Preservation Board's decision shall be incorporated into the Director's decision. Inclusion of a structure on the list below is solely for the purpose of conditioning additional height under this subsection 23.49.008.A.6.b, and shall not be interpreted in any way to prejudge the structure's merit as a Landmark:

;adv=6;c.

The restrictions in this subsection 23.49.008.A.6 are in addition to, and not in substitution for, the requirements of Chapter 25.12.

7.

The applicable height limit for a structure is the base height limit plus any height allowed as a bonus under this Chapter 23.49 according to Chapter 23.58A, and any additional height allowed by special exception or departure, or by subsection 23.49.008.A.4. The height of a structure shall not exceed the applicable height limit, except as provided in subsections 23.49.008.B, 23.49.008.C, and 23.49.008.D.

8.

The height of rooftop features, as provided in subsection 23.49.008.D, is allowed to exceed the applicable height limit.

9.

On lots in the DMC 85/75-170 zone:

a.

A height limit of 85 feet applies to the portions of a structure that contain non-residential or live-work uses.

b.

A base height limit of 75 feet applies to the portions of a structure that contain residential uses.

c.

The applicable height limit for portions of a structure that contain residential uses is 85 feet if extra floor area is achieved according to Section 23.49.023 and Chapter 23.58A, and the structure has no non-residential or live-work use above 85 feet, and the structure does not qualify for a higher limit for residential uses under subsection 23.49.008.A.9.d.

d.

The applicable height limit is 170 feet if extra floor area is achieved according to Section 23.49.023 and Chapter 23.58A, the structure has no non-residential or live-work use above 85 feet, the lot is at least 40,000 square feet in size and includes all or part of a mid-block corridor that satisfies the conditions of Section 23.58A.040, except to the extent the Director grants a waiver of such conditions, and the standards of Section 23.49.060 are satisfied.

B.

Structures located in DMC 240/290-440, DMC 340/290-440, or DOC2 500/300-550 zones may exceed the maximum height limit for residential use, or if applicable the maximum height limit for residential use as increased under subsection 23.49.008.A.4 as follows:

1.

The limit may be exceeded by ten percent as increased under subsection 23.49.008.A.4 if:

a.

The facades of the portion of the structure above the limit do not enclose an area greater than 9,000 square feet, and

b.

The enclosed space is occupied only by those uses or features otherwise permitted in this Section 23.49.008 as an exception above the height limit.

2.

The limit may be exceeded by ten percent as increased under subsection 23.49.008.A.4 if applicable if an elementary or secondary school is contained anywhere within the same structure.

The exceptions in this subsection 23.49.008.B shall not be combined with any other height exception for screening or rooftop features to gain additional height. The exception under subsection 23.49.008.B.2 is allowed in addition to the exception under subsection 23.49.008.B.1.

C.

Height in Downtown Mixed Residential (DMR) zones is regulated as follows:

1.

A structure that contains only non-residential or live-work uses may not exceed the lowest height limit established on the Official Land Use Map, except for rooftop features permitted by subsection 23.49.008.D.

2.

In DMR zones for which only two height limits are established, only those portions of structures that contain only residential uses may exceed the lower height limit, and they may extend to the higher height limit established on the Official Land Use Map.

3.

On lots in the DMR/C 75/75-170 zone, the base height limit is 75 feet, and it is the applicable height limit for all structures, except that:

a.

The applicable height limit is 85 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A, the structure has no non-residential or live-work use above 75 feet, and the structure does not qualify for a higher height limit under this subsection 23.49.008.C.3.

b.

The applicable height limit is 170 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A; the structure has no non-residential or live-work use above 75 feet; the lot includes all or part of a mid-block corridor that satisfies the conditions of Section 23.58A.040, except to the extent any waiver of such conditions is granted by the Director; and the standards of subsection 23.49.156.B and Section 23.49.163 are satisfied.

4.

On lots in the DMR/C 75/75-95 zone, the base height limit is 75 feet, and it is the applicable height limit for all structures, except that the applicable height limit is 95 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A and the structure has no non-residential or live-work use above 75 feet.

5.

On lots in the DMR/R 95/65 zone:

a.

A height limit of 95 feet applies to the portions of a structure that contain residential or lodging uses.

b.

A height limit of 65 feet applies to the portions of a structure that contain non-residential uses (excluding lodging uses).

D.

Rooftop features

1.

The following rooftop features are permitted with unlimited rooftop coverage up to the maximum heights indicated below:

a.

Open railings, planters, clerestories, skylights, play equipment, parapets, and firewalls up to 4 feet above the applicable height limit;

b.

Insulation material, rooftop decks and other similar features, or soil for landscaping located above the structural roof surface, may exceed the maximum height limit by up to 2 feet if enclosed by parapets or walls that comply with subsection 23.49.008.D.1.a;

c.

Solar collectors up to 7 feet above the applicable height limit; and

d.

The rooftop features listed below shall be located a minimum of 10 feet from all lot lines and may extend up to 50 feet above the roof of the structure on which they are located or 50 feet above the applicable height limit, whichever is less, except as regulated by Chapter 23.64:

1)

Religious symbols for religious institutions;

2)

Smokestacks; and

3)

Flagpoles.

2.

The following rooftop features are permitted up to the heights indicated below, as long as the combined coverage of all rooftop features listed in this subsection 23.49.008.D.2, does not exceed 75 percent of the roof area for structures that are subject to maximum floor area limits per story pursuant to Section 23.49.058; or 50 percent of the roof area for other structures, unless a different limit is specified by other provisions.

a.

The following rooftop features are permitted to extend up to 15 feet above the applicable height limit:

1)

Solar collectors that exceed the height listed in subsection 23.49.008.D.1.c;

2)

Stair penthouses;

3)

Play equipment and open-mesh fencing, as long as the fencing is at least 15 feet from the roof edge;

4)

Covered or enclosed common recreation areas and eating and drinking establishments;

5)

Covered or enclosed rooftop recreational spaces within the PSM 100/100-120 zone and permitted uses within them, with coverage limits as described by subsection 23.66.140.C.4.j;

6)

Mechanical equipment;

7)

Greenhouses and solariums; and

8)

Wind-driven power generators.

b.

Elevator penthouses as follows:

1)

In the PMM zone, up to 15 feet above the applicable height limit;

2)

Except in the PMM zone, up to 23 feet above the applicable height limit for a penthouse designed for an elevator cab up to 8 feet high;

3)

Except in the PMM zone, up to 25 feet above the applicable height limit for a penthouse designed for an elevator cab more than 8 feet high;

4)

Except in the PMM zone, if the elevator provides access to a rooftop designed to provide usable open space, an additional 10 feet above the amount permitted in subsections 23.49.008.D.2.b.2 and 23.49.008.D.2.b.3 shall be permitted.

c.

Minor communication utilities and accessory communication devices, regulated according to Section 23.57.013, shall be included within the maximum permitted rooftop coverage.

d.

Greenhouses are permitted to extend up to 15 feet above the applicable height limit, as long as the combined total coverage of all features gaining additional height listed does not exceed 60 percent of the roof area.

e.

Mechanical equipment, whether new or replacement, may be allowed up to 15 feet above the roof elevation of a structure existing prior to June 1, 1989.

3.

Screening of rooftop features

a.

Measures may be taken to screen rooftop features from public view through the design review process or, if located within the Pike Place Market Historical District, by the Pike Place Market Historical Commission.

b.

Except in the PMM zone, the amount of roof area enclosed by rooftop screening may exceed the maximum percentage of the combined coverage of all rooftop features as provided in subsection 23.49.008.D.2.

c.

Except in the PMM zone, in no circumstances shall the height of rooftop screening exceed ten percent of the applicable height limit, or 15 feet, whichever is greater. In the PMM zone, the height of the screening shall not exceed the height of the rooftop feature being screened, or such greater height necessary for effective screening as determined by the Pike Place Market Historical Commission.

4.

Administrative conditional use for rooftop features. Except in the PMM zone, the rooftop features listed in subsection 23.49.008.D.1.d may exceed a height of 50 feet above the roof of the structure on which they are located if authorized by the Director through an administrative conditional use under Chapter 23.76. The request for additional height shall be evaluated on the basis of public benefits provided, the possible impacts of the additional height, consistency with the City's Comprehensive Plan, and the following criteria:

a.

The feature shall be compatible with and not adversely affect the downtown skyline.

b.

The feature shall not have a substantial adverse effect upon the light, air, solar, and visual access of properties within a 300 foot radius.

c.

The feature, supporting structure, and structure below shall be compatible in design elements such as bulk, profile, color, and materials.

d.

The increased size is necessary for the successful physical function of the feature, except for religious symbols.

5.

Residential penthouses above height limit in a DRC zone

a.

A residential penthouse exceeding the applicable height limit shall be permitted in a DRC zone only on a mixed-use, City-designated Landmark structure for which a certificate of approval by the Landmarks Preservation Board is required. A residential penthouse allowed under this Section 23.49.008 may cover a maximum of 50 percent of the total roof surface. Except as the Director may allow under subsection 23.49.008.D.5.b:

1)

A residential penthouse allowed under this subsection 23.49.008.D.5 shall be set back a minimum of 15 feet from the street lot line.

2)

A residential penthouse may extend up to 8 feet above the roof, or 12 feet above the roof if set back a minimum of 30 feet from the street lot line.

b.

If the Director determines, after a sight line review based upon adequate information submitted by the applicant, that a penthouse will be invisible or minimally visible from public streets and parks within 300 feet from the structure, the Director may allow one or both of the following in a Type I decision:

1)

An increase of the penthouse height limit under subsection 23.49.008.D.5.a by an amount up to the average height of the structure's street-facing parapet; or

2)

A reduction in the required setback for a residential penthouse.

c.

The Director's decision to modify development standards pursuant to subsection 23.49.008.D.5.b shall be consistent with the certificate of approval from the Landmarks Preservation Board.

d.

A residential penthouse allowed under this subsection 23.49.008.D.5 shall not exceed the maximum structure height in the DRC zone under Section 23.49.008.

e.

No rooftop features shall be permitted on a residential penthouse allowed under this subsection 23.49.008.D.5.

6.

For height limits and exceptions for communication utilities and accessory communication devices, see Section 23.57.013.

E.

In the DMC 170 zone, an additional 5 feet in height is permitted above the otherwise applicable height limit, subject to the following:

1.

The street-level portion of the structure is occupied by street-level uses specified in subsection 23.49.009.A, has a minimum floor-to-floor height of 18 feet, and meets the provisions of subsection 23.49.009.B, regardless of whether the street-level uses are required pursuant to Map 1G;

2.

The applicable height limit, including any additional height allowed in this subsection 23.49.008.E, shall be used as the height limit above which rooftop features are permitted according to subsection 23.49.008.D; and

3.

No increase in height shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board.

F.

In all Downtown zones except the IDM 75-85 and PMM-85 zones and all DH1, DH2, and PSM zones, and except for projects that receive additional height pursuant to subsection 23.49.008.G, an additional 10 feet in height is permitted above the otherwise applicable maximum height limit for residential uses for a structure that includes residential dwelling units that comply with all of the following conditions:

1.

Unit number and size. The structure includes a minimum of ten dwelling units that each have a minimum area of 900 gross square feet and include three or more bedrooms; and

2.

Amenity area. Each dwelling unit shall have access to an outdoor amenity area that is located on the same story as the dwelling unit and meets the following standards:

a.

The amenity area has a minimum area of 1,300 square feet and a minimum horizontal dimension of 20 feet; and

b.

The amenity area must be common amenity area, except that up to 40 percent of the amenity area may be private provided that: the private and common amenity area are continuous and are not separated by barriers more than 4 feet in height; and the private amenity areas are directly accessible from units meeting these requirements; and

c.

The common amenity area includes children's play equipment; and

d.

The common amenity area is located at or below a height of 85 feet.

G.

In DMC 85/75-170, DMR/C 75/75-95, DMR/C 75/75-170, IDM 85/85-170, IDM 165/85-170, IDR/C 125/150-270, and IDR 45/125-270 districts, and except for projects that receive additional height pursuant to subsection 23.49.008.F, an additional 10 feet in height is permitted above the otherwise applicable maximum height limit for residential uses for a structure that meets the following conditions:

1.

The structure must comply with Chapter 23.58C performance option requirements. The calculation of performance units required to satisfy the requirements of Section 23.58C.050 shall be based on the total number of units in the portion of the structure that is below the otherwise applicable maximum height limit for residential uses, and must total at least ten units that each have a net unit area greater than 400 square feet, as measured according to subsection 23.86.007.B, and affordability and occupancy restrictions no higher than 50 percent of median income.

2.

Units in the additional 10 feet of height available under subsection 23.49.008.G shall not be included for purposes of the calculation under subsection 23.58C.050.A and gross floor area in the additional 10 feet of height available under this subsection 23.49.008.G shall not be included for purposes of the calculation of a cash contribution for a fractional unit not otherwise provided according to subsections 23.58C.050.A.3 or 23.58C.050.A.4, as applicable. The portion of the structure above the maximum height limit for residential use achieved according to this subsection 23.49.008.G shall be excluded for the purpose of distribution requirements for MHA-R units according to subsection 23.58C.050.C.1.

H.

In the DOC2 500/300-550 zone, as a Type I decision, the Director may increase the maximum height for residential uses to 640 feet, allow up to 40,000 square feet of non-residential floor area to exceed the maximum height limit for non-residential uses up to 640 feet, or both, provided that:

1.

The structure is located on a block with an existing tower that exceeds 160 feet in height and that has at least 50 percent of gross floor area in residential use; and

2.

The lot with the structure either:

a.

Abuts the lot with the existing tower or

b.

Is across an alley from the lot with the existing tower and has lot area, which could be developed with a tower meeting the requirements of Section 23.49.058, located within 22 lineal feet of any portion of the lot with the existing tower; and

3.

The average gross floor area of the structure per story above a height of 85 feet is not more than 11,200 square feet; and

4.

All portions of the structure above a height of 85 feet:

a.

Are set back from the lot line closest to the lot with the existing tower by at least 15 feet, if the lot on which the structure is located is across an alley from the lot with the existing tower; or

b.

Are set back from the lot line closest to the lot with the existing tower by at least 30 feet, if the lot on which the structure is located abuts the lot with the existing tower; or

c.

Are separated from all portions of the existing tower by at least 45 feet, except that the projection of unenclosed decks and balconies, and architectural features such as cornices, shall be disregarded in calculating tower separation. This subsection 23.49.008.H.4.c applies only if the lot on which the structure is located is across an alley from the lot with the existing tower.

5.

For the purposes of this subsection 23.49.008.H, any setback from the lot line closest to the lot with the existing tower is measured from the lot line after any dedication required by Section 23.53.030.

6.

For the purposes of this subsection 23.49.008.H, a tower is "existing" if it meets the requirements of subsection 23.49.058.D.7.

I.

In Downtown zones, low-income housing may achieve the maximum height according to provisions of the zone without meeting the requirements of this Section 23.49.008.

(Ord. 127099, § 30, 2024; Ord. 126917, § 1, 2023; Ord. 126857, § 27, 2023; Ord. 126855, § 28, 2023; Ord. 126600, § 9, 2022; Ord. 126157, § 36, 2020; Ord. 125603, § 44, 2018; Ord. 125374, § 1, 2017; Ord. 125371, § 5, 2017; Ord. 125291, § 16, 2017; Ord. 125272, § 37, 2017; Ord. 124843, § 37, 2015; Ord. 124680, § 2, 2015; Ord. 124172, § 35, 2013; Ord. 123649, § 28, 2011; Ord. 123589, § 9, 2011; Ord. 123378, § 20, 2010; Ord. 122582, § 1, 2007; Ord. 122054, § 9, 2006; Ord. 121196, § 13, 2003; Ord. 120967, § 1, 2003; Ord. 120928, § 18, 2002; Ord. 120443, § 3, 2001; Ord. 120117, § 29, 2000; Ord. 119837, § 3, 2000; Ord. 119728, § 2, 1999; Ord. 119370, § 3, 1999; Ord. 118672, § 8, 1997; Ord. 116295, § 13, 1992; § 1 of Initiative 31, passed 5/16/89; Ord. 113279, § 1, 1987; Ord. 112303, § 3, 1985.)

Editor's note— Ordinance 125374's references to subsection 23.49.008.F have been codified as references to subsection 23.49.008.H.

One or more of the uses listed in subsection 23.49.009.A are required at street level on all lots abutting streets designated on Map 1G. Required street-level uses shall meet the standards of this Section 23.49.009.

A.

Types of uses. The following uses qualify as required street-level uses:

1.

General sales and services;

2.

Human service uses and child care centers;

3.

Retail sales, major durables;

4.

Entertainment uses;

5.

Museums, and administrative offices within a museum expansion space meeting the requirement of subsection 23.49.011.B.1.h;

6.

Libraries;

7.

Elementary and secondary schools, and colleges, except on lots zoned DRC;

8.

Public atriums;

9.

Eating and drinking establishments;

10.

Arts facilities; and

11.

Religious facilities;

12.

Bicycle parking, provided that the use does not exceed 30 percent of the frontage 23.49.009.B or 50 feet, whichever is less; and

13.

Other uses permitted by interim street activation provisions in Section 23.42.041.

B.

General standards

1.

The amount of street frontage required to be occupied by street-level uses is as follows:

a.

Except as provided in subsection 23.49.009.B.1.b, a minimum of 75 percent of each street frontage at street level where street-level uses are required must be occupied by uses listed in subsection 23.49.009.A. The remaining 25 percent of the street frontage at street level may contain other permitted uses and/or pedestrian or vehicular entrances.

b.

The frontage required to be occupied by street-level uses is reduced to 50 percent, while the remaining 50 percent may contain other permitted uses and/or pedestrian or vehicular entrances, for each street frontage that is 120 feet in length or less if either:

1)

The lot does not abut an alley, or

2)

The lot abuts more than one street requiring street-level uses.

c.

The frontage of the following is not counted in street frontage:

1)

Any exterior public open space that qualifies for a floor area bonus, whether it receives a bonus or not;

2)

Any eligible lot area of an open space TDR site;

3)

Any outdoor common recreation area required for residential uses; or

4)

Any open space required for office uses,

2.

In the DRC zone, a combined total of no more than 80 percent of the total street frontage of the lot may be occupied by uses provided for interim street activation purposes, human service uses, child care centers, customer service offices, entertainment uses or museums.

3.

Required street-level uses shall be located within 10 feet of the street lot line, except as follows:

a.

If a public open space that meets the eligibility conditions of the Downtown Amenity Standards abuts the street, the required street-level uses shall abut the open space;

b.

If sidewalk widening is required by Section 23.49.022, the 10 feet shall be measured from the line established by the new sidewalk width; or

c.

In the DMC 160 zone, if a continuous setback greater than 10 feet is provided from the Alaskan Way street lot line, as allowed in subsection 23.49.056.B.1.d, the required street-level uses shall abut the setback. The setback may be provided at grade or above a partially above-grade story.

4.

Except for child care centers, pedestrian access to required street-level uses shall be provided as follows:

a.

Pedestrian entrances shall be provided directly from the street and shall be located no more than 3 feet above or below sidewalk grade; or

b.

Pedestrian entrances shall be provided from a bonused public open space, or other publicly accessible open space, and shall be at the same elevation as the abutting public open space; or

c.

In the DMC 160 zone, if a partially above-grade story is provided that meets the conditions of subsection 23.49.011.B.1.u, pedestrian entrances to the required street-level uses shall be provided at the same elevation as the roof of the partially above-grade story.

(Ord. 127198, § 8, 2025; Ord. 124680, § 3, 2015; Ord. 122311, § 52, 2006; Ord. 122235, § 4, 2006; Ord. 122054 § 10, 2006.)

A.

Reserved

B.

Common recreation area. Common recreation area is required for all new development with more than 20 dwelling units. Required common recreation area shall meet the following standards:

1.

An area equivalent to five percent of the total gross floor area in residential use, excluding any bonus residential floor area achieved according to Section 23.58A.014, shall be provided as common recreation area. The amount of required common recreation area shall not exceed the area of the lot. The common recreation area shall be available to all residents and may be provided at or above ground level.

2.

A maximum of 50 percent of the common recreation area may be enclosed.

3.

The minimum horizontal dimension for required common recreation areas shall be 15 feet, except for open space provided as landscaped setback area at street level, which shall have a minimum horizontal dimension of 10 feet. No required common recreation area shall be less than 225 square feet.

4.

Common recreation area that is provided as open space at street level shall be counted as twice the actual area in determining the amount provided to meet the common recreation area requirement.

5.

In mixed use projects, the Director may permit a bonused public open space to satisfy a portion of the common recreation area requirement, provided that the space meets the standards of this Section 23.49.010, and the Director finds that its design, location, access, and hours of operation meet the needs of building residents.

6.

Parking areas, driveways and pedestrian access, except for pedestrian access meeting the Washington State Rules and Regulations for Barrier Free Design, shall not be counted as common recreation area.

7.

In PSM zones, the Director of Neighborhoods, on recommendation of the Pioneer Square Preservation Board, may waive the requirement for common recreation area, pursuant to the criteria of Section 23.66.155.

8.

In IDM and IDR zones, the Director of Neighborhoods, on recommendation of the International District Special Review District Board, may waive the requirement for common recreation area, pursuant to the criteria of Section 23.66.155.

9.

For lots abutting designated green streets, up to 50 percent of the common recreation area requirement may be met by contributing to the development of a green street. The Director may waive the requirement that the green street abut the lot and allow the improvement to be made to a green street located in the general vicinity of the project if such an improvement is determined to be beneficial to the residents of the project.

C.

Assisted living facilities

1.

Assisted living facilities are subject to the development standards of the zone where they are located, except that common recreation area requirements do not apply to assisted living facilities.

2.

Other requirements

a.

Minimum unit size. Assisted living units shall be designed to meet the minimum square footage required by WAC 388-110-140.

b.

Facility kitchen. An on-site kitchen that serves the entire assisted living facility is required.

c.

Communal area. Communal areas that are either interior or exterior spaces, such as solariums, decks and porches, recreation rooms, dining rooms, living rooms, foyers and lobbies, and gardens or other outdoor landscaped areas shall be provided as follows:

1)

The total amount of communal area shall equal at least 20 percent of the total floor area in assisted living units. In calculating the total floor area in assisted living units, all of the area of each unit, excluding the bathroom, shall be counted, including counters, closets and built-ins;

2)

Service areas, including, but not limited to, the facility kitchen, laundry, hallways and corridors, supply closets, operations and maintenance areas, staff areas and offices, and rooms used only for counseling or medical services, shall not be counted as required communal area;

3)

A minimum of 400 square feet of the required communal area shall be provided as an outdoor area with a minimum dimension of 10 feet. Outdoor areas provided as required communal area shall be accessible to people with disabilities; and

4)

Adequate seating for residents and guests shall be provided for required communal area.

(Ord. 126855, § 28, 2023; Ord. 124843, § 38, 2015; Ord. 124172, § 36, 2013; Ord. 122054 § 12, 2006; Ord. 121196 § 16, 2003; Ord. 120443, § 14, 2001; Ord. 119728 § 3, 1999; Ord. 119238 § 6, 1998; Ord. 117202, § 8, 1994; Ord. 112303 § 3, 1985.)

A.

General standards

1.

The base and maximum floor area ratio (FAR) for each zone is provided in Table A for 23.49.011.

2.

Chargeable floor area shall not exceed the applicable base FAR except as expressly authorized pursuant to this Chapter 23.49.

a.

In DOC1, DOC2, and DMC zones that are located outside of South Downtown, if chargeable floor area above the base FAR is allowed on a lot for development that includes a new structure and the project is located within the Local Infrastructure Project Area for Downtown and South Lake Union as shown on Map A for 23.58A.044, the first increment of chargeable floor area above the base FAR, shown for each zone in Table B for 23.49.011, shall be gained by acquiring regional development credits pursuant to Section 23.58A.044.

b.

In DOC1, DOC2, DH2, and DMC zones outside of South Downtown, additional chargeable floor area above the first increment of FAR that exceeds the base FAR may be obtained only by qualifying for floor area bonuses pursuant to Section 23.49.012 or Section 23.49.013, or by the transfer of TDR pursuant to Section 23.49.014, or both, except as otherwise expressly provided in this subsection 23.49.011.A.2. If the requirements of subsection 23.49.011.A.2.a do not apply, the first increment of floor area that exceeds the base FAR shall be zero.

c.

In no event shall the use of bonuses, TDR, or regional development credits, or any combination of them, be allowed to result in chargeable floor area in excess of the maximum as set forth in Table A for 23.49.011, except that a structure on a lot in a planned community development pursuant to Section 23.49.036 or a combined lot development pursuant to Section 23.49.041 may exceed the FAR otherwise permitted on that lot, provided the chargeable floor area on all lots included in the planned community development or combined lot development as a whole does not exceed the combined total permitted chargeable floor area.

d.

Except as otherwise provided in this subsection 23.49.011.A.2.d or subsections 23.49.011.A.2.f or 23.49.011.A.2.h, and except in South Downtown, not less than five percent of all floor area above the base FAR to be gained on any lot, excluding any floor area gained under subsections 23.49.011.A.2.a, 23.49.011.A.2.j, 23.49.011.A.2.k, and 23.49.011.A.2.n, shall be gained through the transfer of Landmark TDR, to the extent that Landmark TDR are available. Landmark TDR shall be considered "available" only to the extent that, at the time of the Master Use Permit application to gain the additional floor area, The City of Seattle is offering Landmark TDR for sale, at a price per square foot no greater than the total bonus contribution under Section 23.49.012 for a project using the cash option for both housing and child care facilities. An applicant may satisfy the minimum Landmark TDR requirement in this Section 23.49.011 by purchases from private parties, by transfer from an eligible sending lot owned by the applicant, by purchase from the City, or by any combination of the foregoing. This subsection 23.49.011.A.2.d does not apply to any lot in a DMR zone.

e.

Except as otherwise permitted under subsections 23.49.011.A.2.g, 23.49.011.A.2.h, or 23.49.011.A.2.l, on any lot outside of South Downtown except a lot in a DMR zone, the total amount of chargeable floor area gained through bonuses under Section 23.49.012, together with any housing TDR and Landmark housing TDR used for the same project, shall equal 75 percent of the amount, if any, by which the total chargeable floor area to be permitted on the lot exceeds the sum of

1)

The base FAR, as determined under this Section 23.49.011 and Section 23.49.032 if applicable, plus

2)

Any chargeable floor area gained on the lot pursuant to subsections 23.49.011.A.2.a, 23.49.011.A.2.g, 23.49.011.A.2.h, 23.49.011.A.2.j, and 23.49.011.A.2.k, or obtained pursuant to subsection 23.49.011.A.2.n. Except in South Downtown, at least half of the remaining 25 percent shall be gained by using TDR from a sending lot with a major performing arts facility, to the extent available, and the balance of the 25 percent shall be gained through bonuses under Section 23.49.013 or through TDR other than housing TDR, or both, consistent with this Chapter 23.49. TDR from a sending lot with a major performing arts facility shall be considered "available" only to the extent that, at the time of the Master Use Permit application to gain the additional floor area, The City of Seattle is offering such TDR for sale, at a price per square foot not exceeding the prevailing market price for TDR other than housing TDR, as determined by the Director.

f.

In order to gain chargeable floor area on any lot in a DMR zone outside of South Downtown, an applicant may:

1)

Use any types of TDR eligible under this Chapter 23.49 in any proportions, or

2)

Use bonuses under Section 23.49.012 or 23.49.013, or both, subject to the limits for particular types of bonus under Section 23.49.013, or

3)

Combine such TDR and bonuses in any proportions.

g.

On any lot in a DMC 145 or DMC 240/290-440 zone, in addition to the provisions of subsection 23.49.011.A.2.e, an applicant may gain chargeable floor area above the first increment of FAR above the base FAR through use of DMC housing TDR, or any combination of DMC housing TDR with floor area gained through other TDR and bonuses as prescribed in subsection 23.49.011.A.2.e.

h.

If the amount of bonus development sought in any permit application does not exceed 5,000 square feet of chargeable floor area, the Director may permit such floor area to be achieved solely through the bonus for housing and child care.

i.

No chargeable floor area above the base FAR shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board.

j.

On a lot entirely in a DOC1 zone, additional chargeable floor area equal to 1.0 FAR may be permitted above the increment achieved through a commitment as prescribed in subsection 23.49.011.A.2.a, or above the base FAR after expiration of that subsection 23.49.011.A.2.a, on a lot that includes one or more qualifying Landmarks, subject to the following conditions:

1)

The structure is rehabilitated to the extent necessary so that all features and characteristics controlled or designated by ordinance pursuant to Chapter 25.12 or Ordinance 102229 are in good condition and consistent with the applicable ordinances and with any certificates of approval issued by the Landmarks Preservation Board, all as determined by the Director of Neighborhoods; and

2)

A notice shall be recorded with the King County Recorder's Office, in form satisfactory to the Director, regarding the bonus allowed and the effect thereof under the terms of this Chapter 23.49. For purposes of this Section 23.49.011, a "qualifying Landmark" is a structure that

a)

Has a gross floor area above grade of at least 5,000 square feet;

b)

Is separate from the principal structure or structures existing or to be developed on the lot, except that it may abut and connect with one such structure along one exterior wall;

c)

Is subject, in whole or in part, to a designating ordinance pursuant to Chapter 25.12, or was designated pursuant to Ordinance 102229; and

d)

Is on a lot on which no improvement, object, feature, or characteristic has been altered or removed contrary to any provision of Chapter 25.12 or any designating ordinance. A qualifying Landmark for which a bonus is allowed under this subsection 23.49.011.A.2.j shall be considered a public benefit feature, but shall not be considered an amenity for purposes of Section 23.49.013. For so long as any of the chargeable floor area allowed under this subsection 23.49.011.A.2.j remains on the lot, each qualifying Landmark for which such bonus was granted shall remain designated as a Landmark under Chapter 25.12 and the owner shall maintain the exterior and interior of each qualifying Landmark in good condition and repair and in a manner that preserves the features and characteristics that are subject to designation or controls by ordinance, and that maintains compliance with all applicable requirements of federal, state and local laws, ordinances, regulations, and restrictions.

k.

On a lot entirely in a DOC1 zone, as an incentive to maintain diversity in the scale of downtown development, additional floor area equal to 0.5 FAR may be granted above the increment achieved through a commitment as prescribed in subsection 23.49.011.A.2.a, or above the base FAR after expiration of subsection 23.49.011.A.2.a, on a lot that includes one or more qualifying small structures, subject to the conditions in this subsection 23.49.011.A.2.k.

1)

A "qualifying small structure" is one that satisfies all of the following standards:

a)

The gross floor area of the structure above grade is a minimum of 5,000 square feet and does not exceed 50,000 square feet;

b)

The height of the structure is 125 feet or less, not including rooftop features as specified in subsection 23.49.008.D;

c)

The structure was not constructed or substantially structurally modified since July 13, 1982; and

d)

The structure is not occupied by parking above the ground floor.

2)

If the structure is removed from the lot or ceases to be a qualifying small structure, then any development on the portion of the lot previously occupied by the structure, defined by a rectangle enclosing the exterior walls of the structure as they exist at the time the bonus is granted and extended to the nearest street frontage, shall be limited to a maximum floor area of 50,000 square feet for all uses and a maximum height of 125 feet, excluding any rooftop features as specified in subsection 23.49.008.D.

3)

A notice shall be recorded with the King County Recorder's Office, in form satisfactory to the Director, regarding the bonus allowed and the effect thereof under the terms of this Chapter 23.49.

4)

Bonus floor area under this subsection 23.49.011.A.2.k may not be granted on the basis of a Landmark structure for which bonus floor area is allowed under subsection 23.49.011.A.2.j, but may be allowed on the basis of a different structure or structures that are on the same lot as a Landmark structure for which such bonus floor area is allowed.

l.

Additional floor area in the PSM 85-120 zone is subject to subsection 23.49.180.E.

m.

In IDM, DMR and DMC zones within South Downtown, chargeable floor area in excess of the base FAR may be obtained only by qualifying for floor area bonuses pursuant to Sections 23.58A.024 and 23.49.013, or by the transfer of TDR pursuant to Section 23.49.014, or both, and except as permitted in subsection 23.49.011.A.2.h, only if the conditions of this subsection 23.49.011.A.2.m also are satisfied:

1)

For a new or existing structure, the applicant shall make a commitment that the proposed development will meet the green building standard and shall demonstrate compliance with that commitment, all in accordance with Chapter 23.58D.

2)

Seventy-five percent of the chargeable floor area in excess of base FAR shall be gained through bonuses under Section 23.58A.024.

3)

Twenty-five percent of the chargeable floor area in excess of base FAR shall be gained by one or any combination of TDR or public open space amenities, subject to the conditions and limits of this Section 23.49.011, Section 23.49.013, Section 23.49.014, and the following:

a)

TDR that may be used on a lot in South Downtown are limited to South Downtown Historic TDR, open space TDR from within South Downtown, Housing TDR from within South Downtown, or any combination of these consistent with this Chapter 23.49; and

b)

Amenities eligible for a bonus on a lot in South Downtown are limited to public open space amenities pursuant to Section 23.49.013.

n.

In the DOC2 500/300-550 zone, as a Type I decision, the Director may increase the maximum FAR by an additional .33 FAR provided that:

1)

The structure is located on a block with an existing tower that exceeds 160 feet in height and that has at least 50 percent of gross floor area in residential use; and

2)

The lot with the structure either:

a)

Abuts the lot with the existing tower; or

b)

Is across an alley from the lot with the existing tower and has lot area, which could be developed with a tower meeting the requirements of Section 23.49.058, located within 22 lineal feet of any portion of the lot with the existing tower; and

3)

All portions of the structure above a height of 85 feet are set back from the lot line closest to the lot with the existing tower by:

a)

At least 15 feet, if the lot on which the structure is located is across an alley from the lot with the existing tower; or

b)

At least 30 feet, if the lot on which the structure is located abuts the lot with the existing tower.

4)

For the purposes of this subsection 23.49.011.A.2.n, any setback from the lot line closest to the lot with the existing tower is measured from the lot line after any dedication required by Section 23.53.030.

5)

For the purposes of this subsection 23.49.011.A.2.n, a tower is "existing" if it meets the requirements of 23.49.058.D.7.

3.

In a DOC1, DOC2, DRC, or DMC zone, for a lot that includes a qualifying Landmark structure with a performing arts theater, the base FAR specified in Table A for 23.49.011 is increased by 4 FAR, or by the amount of FAR between the base and maximum FAR of the zone, whichever is less, provided that the conditions of this subsection 23.49.011.A.3 are met.

a.

For purposes of this subsection 23.49.011.A.3, a "qualifying Landmark structure with a performing arts theater" is a structure that is a designated Landmark pursuant to Chapter 25.12 and that meets the following:

1)

The structure was built before 1930;

2)

The structure contains performing arts theater space that has combined seating capacity in one or more venues for at least 800; and

3)

The structure is subject to an ordinance granting incentives for and imposing controls on the Landmark structure.

b.

At the time a qualifying Landmark structure with a performing arts theater uses the additional base FAR, either on the site or through transfer of TDR to another site, the following conditions shall be met:

1)

The performing arts theater use established under approved permits, including combined seating capacity in one or more venues for at least 800, shall be ensured by binding covenants between the property owner and the City for at least 40 years from the first use of any of the additional base FAR, either on the site or through the first transfer of any TDR to another site; and

2)

The Director, after consulting with the property owner, determines, as a Type I decision, that the property owner has executed a contract(s) with one or more theater groups or performing arts organizations for regularly scheduled use of the Landmark structure for live performances and that the anticipated use of the Landmark theater structure for live theater performances, combined with any other use of the structure, is adequate to contribute sufficiently to the presence of live theater in the Downtown Historic Theatre District established by Resolution 31341 and to support the desired level of activity in the area near the Landmark structure. In making this determination, the Director shall consider the following:

a)

The extent and duration of the contract(s) between the property owner and one or more theater groups or performing arts organizations for regularly scheduled use of the Landmark structure for live performances;

b)

The presence of uses in the structure that will contribute to activity in the area beyond the typical workday hours; and

c)

Programmed use of the Landmark structure by other activities during periods when the structure is not in use for live performances; and

3)

Any use of the additional base FAR on the site complies with all provisions of the designating ordinance and Chapter 25.12.

c.

If a Landmark structure is on a lot that is not entirely regulated by a designating ordinance, then the area used to calculate the additional base FAR is the area of the footprint of the Landmark structure.

d.

A lot that uses the additional base FAR on the site as allowed by this subsection 23.49.011.A.3 is not allowed to gain chargeable floor area under subsection 23.49.011.A.2.j.

e.

If a qualifying Landmark structure with a performing arts theater is on a lot that is not entirely regulated by a designating ordinance, then the additional base FAR may be transferred as TDR to another site, or may be used on the site on the portion of the lot that is within the footprint of the Landmark structure, but shall not be used elsewhere on the lot.

4.

The Master Use Permit application to establish any bonus development under this subsection 23.49.011.A.4 shall include a calculation of the amount of bonus development sought and shall identify the manner in which the conditions to such bonus development shall be satisfied. The Director shall, at the time of issuance of any Master Use Permit decision approving any such bonus development, issue a Type I decision as to the amount of bonus development to be allowed and the conditions to such bonus development, which decision may include alternative means to achieve bonus development, at the applicant's option, if each alternative would be consistent with this Section 23.49.011 and any other conditions of the permit, including Design Review if applicable.

B.

Exemptions and deductions from FAR calculations

1.

The following are not included in chargeable floor area, except as specified below in this Section 23.49.011:

a.

Uses listed in subsection 23.49.009.A in a DRC zone and in the Major Retail Store and Shopping Atrium FAR Exemption Area identified on Map 1J of Chapter 23.49, up to a maximum FAR exemption of 2 for all such uses combined; and other uses provided according to Section 23.42.041 in the FAR Exemption Area identified on Map 1J for those uses (excluding the Pike Place Market Historical District), up to a maximum FAR exemption of 2; provided that for uses in the FAR Exemption Areas that are not in the DRC zone the uses are located no higher than the story above street level;

b.

Street-level uses meeting the requirements of Section 23.49.009, Street-level use requirements, whether or not street-level use is required pursuant to Map 1G of Chapter 23.49, if the uses and structure also satisfy the following standards:

1)

The street level of the structure containing the exempt space has a minimum floor-to-floor height of 13 feet, except that in the DMC 170 zone the street level of the structure containing the exempt space has a minimum floor-to-floor height of 18 feet;

2)

The exempt space extends a minimum depth of 15 feet from the street-level, street-facing facade, except as allowed by interim street activation provisions in Section 23.42.041;

3)

For the purposes of subsection 23.49.011.B.1, for floor area above street level, changes from residential use to commercial uses provided for interim street activation purposes are subject to mandatory housing affordability pursuant to subsection 23.58B.020.B;

4)

Overhead weather protection is provided satisfying Section 23.49.018; and

5)

A mezzanine within a street-level use is not included in chargeable floor area, if the mezzanine does not interrupt the floor-to-floor heights for the minimum depth stated in subsection 23.49.011.B.1.b.2, except as allowed by interim street activation provisions in Section 23.42.041. Stairs leading to the mezzanine are similarly not included in chargeable floor area;

c.

Shopping atria in the DRC zone and adjacent areas shown on Map 1J, provided that:

1)

The minimum area of the shopping atria is 4,000 square feet;

2)

The eligibility conditions of the Downtown Amenity Standards are met; and

3)

The maximum area eligible for a floor area exemption is 20,000 square feet;

d.

Child care centers;

e.

Human service use;

f.

Residential use, except in the PMM zone, and provided that allowable residential floor area is limited on lots from which TDP is transferred in accordance with Chapter 23.58A;

g.

Live-work units, except in the PMM zone;

h.

Museums, provided that the eligibility conditions of the Downtown Amenity Standards are met;

i.

The floor area identified as expansion space for a museum, if such expansion space satisfies the following:

1)

The floor area to contain the museum expansion space is owned by the museum or a museum development authority; and

2)

The museum expansion space will be occupied by a museum, existing as of October 31, 2002, on a Downtown zoned lot; and

3)

The museum expansion space is physically designed in conformance with the Seattle Building Code standards for museum use either at the time of original configuration or at such time as museum expansion is proposed;

j.

Performing arts theaters;

k.

Floor area below grade;

l.

Floor area that is used only for:

1)

Short-term parking or parking accessory to residential uses, or both, subject to a limit on floor area used wholly or in part as parking accessory to residential uses of one parking space for each dwelling unit on the lot with the residential use served by the parking; or

2)

Parking accessory to hotel use in the DMC 170 zone, subject to a limit of one parking space for every four hotel rooms on the lot, and provided that the exempt parking floor area is on the same lot as the hotel use served by the parking;

m.

Floor area of a public benefit feature that would be eligible for a bonus on the lot where the feature is located, other than a Landmark structure eligible pursuant to subsection 23.49.011.A.2.j or a small structure eligible pursuant to subsection 23.49.011.A.2.k. The exemption applies regardless of whether a floor area bonus is obtained, and regardless of limits on the maximum area eligible for a bonus;

n.

Public restrooms;

o.

Major retail stores in the DRC zone and adjacent areas shown on Map 1J, provided that:

1)

The minimum lot area for a major retail store development is 20,000 square feet;

2)

The minimum area of the major retail store is 80,000 square feet;

3)

The eligibility conditions of the Downtown Amenity Standards are met;

4)

The maximum area eligible for a floor area exemption is 200,000 square feet; and

5)

The floor area exemption applies to storage areas, store offices, and other support spaces necessary for the store's operation;

p.

Shower facilities for bicycle commuters;

q.

Floor area, excluding floor area otherwise exempt, up to a maximum of 25,000 square feet on any lot, within one or more Landmark structures for which a floor area bonus has been granted pursuant to subsection 23.49.011.A.2.j, or within one or more small structures for which a floor area bonus has been granted pursuant to subsection 23.49.011.A.2.k, or within any combination of such Landmark structures and such small structures, in each case only to the extent that the floor area satisfies the following criteria as determined by the Director:

1)

The floor area is interior space of historic or architectural interest designed to accommodate the original function of the structure, and maintaining the integrity of this space prevents it from being fully utilized as commercial floor area;

2)

The floor area is occupied by such uses as public assembly or performance space, human services, or indoor public amenities, including atrium or lobby area available for passive indoor recreation use or for the display of art or other objects of scientific, social, historic, cultural, educational, or aesthetic interest; and

3)

The floor area is open and accessible to the public without charge, on reasonable terms and conditions consistent with the nature of the space, during normal operating hours of the building;

r.

Up to 40,000 square feet of a streetcar maintenance base;

s.

Up to 25,000 square feet of a community center in a DMR/C zone within South Downtown that is open to the general public for a minimum of six hours per day, five days per week, 42 weeks per year;

t.

In the DMC 170 zone, hotel use that separates parking from the street lot line on stories above the first story of a structure, up to a maximum total floor area equivalent to 1 FAR, provided that the depth of the separation between the parking and the street-facing facade is a minimum of 15 feet;

u.

In the DMC 170 zone, on lots abutting Alaskan Way, the floor area in a partially above-grade story, provided that:

1)

The height of the above-grade portion of the partially above-grade story does not exceed 4 feet, measured from existing grade at the midpoint of the Alaskan Way street lot line;

2)

All portions of the structure above the partially above-grade story are set back a minimum of 16 feet from the Alaskan Way lot line, except that horizontal projections, including balconies with open railings, eaves, cornices, and gutters, may extend a maximum of 4 feet into the setback area;

3)

The roof of the portion of the partially above-grade story in the setback area is accessible to abutting required street-level uses in the structure and provides open space or space for activities related to abutting required street-level uses, such as outdoor dining;

4)

Pedestrian access is provided from an abutting street to the roof of the portion of the partially above-grade story in the setback area; and

5)

Up to 50 percent of the roof of the portion of the partially above-grade story in the setback area may be enclosed to provide weather protection, provided that the height of any feature or structure enclosing the space shall not exceed 20 feet, measured from the roof of the partially above-grade story;

v.

Up to a maximum of 50,000 square feet of the floor area occupied by a City facility, including but not limited to fire stations and police precincts, but not a City facility predominantly occupied by office use;

w.

Parking uses if:

1)

The parking use sought to be exempted was legally established as of February 8, 2015;

2)

The parking is in a structure that existed on January 1, 1980;

3)

The structure is located west of Third Avenue in a DMC zone;

4)

A minimum of 50 percent of the parking spaces will be available to the general public as short-term parking;

5)

The existing structure and any proposed additions meet or are modified to meet the street-level use requirements of Section 23.49.009;

6)

The existing structure and any proposed additions are subject to administrative design review regardless of whether administrative design review is required pursuant to Chapter 23.41; and

7)

Any addition of non-exempt floor area to the existing structure is developed to LEED Gold standards; and

x.

Floor area for an elementary school or a secondary school, except on lots zoned DRC, which may include minimum space requirements for associated uses including but not limited to academic core functions, child care, administrative offices, a library, maintenance facilities, food service, interior recreation, and specialty instruction space, provided that:

1)

Prior to issuance of a Master Use Permit, the applicant shall submit a letter to the Director from the operator of the school indicating that, based on the Master Use Permit plans, the operator has determined that the development could meet the operator's specifications; and

2)

Prior to issuance of a building permit, the applicant shall submit a written certification by the operator to the Director that the operator's specifications have been met.

y.

The floor area of required bicycle parking for small efficiency dwelling units or congregate residence sleeping rooms, if the bicycle parking is located within the structure containing the small efficiency dwelling units or congregate residence sleeping rooms. Floor area of bicycle parking that is provided beyond the required bicycle parking is not exempt from FAR limits.

z.

In the DMR/R 95/65 zone, lodging uses. This exemption from FAR limits does not apply to lodging uses created by converting residential uses to lodging uses in existing structures.

2.

Mechanical equipment

a.

As an allowance for mechanical equipment fully contained within a structure, three and one-half percent shall be deducted in computing chargeable gross floor area. Calculation of the allowance excludes gross floor area exempt pursuant to subsection 23.49.011.B.1.

b.

Mechanical equipment located on the roof of a structure shall not be calculated as part of the total gross floor area of the structure.

(Ord. 127198, § 9, 2025; Ord. 126914, § 1, 2023; Ord. 126157, § 37, 2020; Ord. 126131, § 13, 2020; Ord. 125603, § 45, 2018; Ord. 125374, § 2, 2017; Ord. 125371, § 6, 2017; Ord. 125291, § 17, 2017; Ord. 125272, § 38, 2017; Ord. 125163, § 11, 2016; Ord. 124883, § 14, 2015; Ord. 124680, § 4, 2015; Ord. 124591, § 1, 2014; Ord. 124287, § 6, 2013; Ord. 124172, § 37, 2013; Ord. 124072, § 1, 2012; Ord. 123589, § 10, 2011; Ord. 123046, § 65, 2009; Ord. 122524, § 1, 2007; Ord. 122054, § 13, 2006; Ord. 121874, § 1, 2005; Ord. 121828, § 6, 2005; Ord. 121278, § 3, 2003; Ord. 121196, § 14, 2003; Ord. 120967, § 3, 2003; Ord. 120443, §§ 5, 6, 2001.)

A.

General provisions

1.

The purpose of this Section 23.49.012 is to encourage development in addition to that authorized by basic zoning regulations ("bonus development"), provided that certain adverse impacts from the bonus development are mitigated. Two impacts from additional development are an increased need for affordable housing to house the families of downtown workers having lower-paid jobs and an increased need for child care for downtown workers.

2.

If an applicant elects to seek approval of bonus development pursuant to this Section 23.49.012, the applicant must execute a voluntary agreement with the City in which the applicant agrees to provide mitigation for the impacts identified in subsection 23.49.012.A.1. In the absence of a signed voluntary agreement, acceptance of a permit for any bonus development allowed under this Section 23.49.012 shall constitute a voluntary agreement on the terms set forth in this Section 23.49.012. The mitigation may be provided by building the requisite affordable housing or child care facilities (the "performance option"), by making a contribution to be used by the City to build or provide the housing and child care facilities (the "payment option"), or by a combination of the performance and payment options.

B.

Voluntary agreements for housing. The voluntary agreement shall commit the developer to provide or contribute to affordable housing according to Chapter 23.58A.

C.

Voluntary agreements for child care facilities. The voluntary agreement shall commit the developer to provide or contribute to child care facilities as follows:

1.

For each square foot of bonus floor area allowed under this Section 23.49.012, in addition to satisfying requirements of subsection 23.49.012.B, the applicant shall provide fully improved child care facility space sufficient for 0.000127 of a child care slot, or a cash contribution to the City of $5.76 to be administered by the Human Services Department. The in lieu cash contribution amount in this subsection 23.49.012.C.1 shall automatically adjust annually on March 1, starting in 2024, by an amount in proportion to the increase, if any, for January 1 through December 31 of the prior calendar year, in the Consumer Price Index, All Urban Consumers, Seattle-Tacoma-Bellevue, WA, All Items (1982-84=100), as determined by the U.S. Department of Labor, Bureau of Labor Statistics, or successor index. The amount of the in lieu cash contribution made at the time specified in subsection 23.49.012.C shall be based on the in lieu cash contribution amount in effect on the vesting date for the Master Use Permit under Section 23.76.026 or, if no Master Use Permit is required, on the filing date for the valid and fully complete permit application. The minimum interior space in the child care facility for each child care slot shall comply with all applicable state and local regulations governing the operation of licensed childcare providers. Child care facility space shall be deemed provided only if the applicant causes the space to be newly constructed or newly placed in child care use after the submission of a permit application for the project intended to use the bonus floor area, except as provided in subsection 23.49.012.C.2.f. If any contribution or subsidy in any form is made by any public entity to the acquisition, development, financing or improvement of any child care facility, then any portion of the space in such facility determined by the Director of Human Services to be attributable to such contribution or subsidy shall not be considered as provided by any applicant other than that public entity.

2.

Child care space shall be provided on the same lot as the project using the bonus floor area or on another lot in a downtown zone and shall be in a child care facility satisfying the following standards:

a.

The child care facility and accessory exterior space must be approved for licensing by the State of Washington Department of Children, Youth, and Families and any other applicable state or local governmental agencies responsible for the regulation of licensed childcare providers.

b.

At least 20 percent of the number of child care slots for which space is provided to gain bonus floor area must be reserved for, and affordable to, families with annual incomes at or below the U.S. Department of Housing and Urban Development Low Income Standard for Section 8 Housing based on family size (or, if such standard shall no longer be published, a standard established by the Director of Human Services based generally on 80 percent of the median family income of the Metropolitan Statistical Area, or division thereof, that includes Seattle, adjusted for family size). Child care slots shall be deemed to meet these conditions if they serve, and are limited to, a) children receiving child care subsidy from The City of Seattle, King County, or State Department of Social and Health Services, and/or b) children whose families have annual incomes no higher than the above standard who are charged according to a sliding fee scale such that the fees paid by any family do not exceed the amount it would be charged, exclusive of subsidy, if the family were enrolled in the City of Seattle Child Care Assistance Program.

c.

Child care space provided to satisfy bonus conditions shall be dedicated to child care use, consistent with the terms of this Section 23.49.012, for 20 years. The dedication shall be established by a recorded covenant, running with the land, and enforceable by the City, signed by the owner of the lot where the child care facility is located and by the owner of the lot where the bonus floor area is used, if different from the lot of the child care facility. The child care facility shall be maintained in operation, with adequate staffing, at least 11 hours per day, five days per week, 50 weeks per year.

d.

Exterior space for which a bonus is or has been allowed under any other section of this Title 23 or under former Title 24 shall not be eligible to satisfy the conditions of this Section 23.49.012.

e.

Unless the applicant is the owner of the child care space and is a duly licensed and experienced child care provider approved by the Director of Human Services, the applicant shall provide to the Director a signed agreement, acceptable to such Director, with a duly licensed child care provider, under which the child care provider agrees to operate the child care facility consistent with the terms of this Section 23.49.012 and of the recorded covenant, and to provide reports and documentation to the City to demonstrate such compliance.

f.

One child care facility may fulfill the conditions for a bonus for more than one project if it includes sufficient space, and provides sufficient slots affordable to limited income families, to satisfy the conditions for each such project without any space or child care slot being counted toward the conditions for more than one project. If the child care facility is located on the same lot as one of the projects using the bonus, then the owner of that lot shall be responsible for maintaining compliance with all the requirements applicable to the child care facility; otherwise responsibility for such requirements shall be allocated by agreement in such manner as the Director of Human Services may approve. If a child care facility developed to qualify for bonus floor area by one applicant includes space exceeding the amount necessary for the bonus floor area used by that applicant, then to the extent that the voluntary agreement accepted by the Director of Human Services from that applicant so provides, such excess space may be deemed provided by the applicant for a later project pursuant to a new voluntary agreement signed by both such applicants and by any other owner of the child care facility, and a modification of the recorded covenant, each in form and substance acceptable to such Director.

3.

The Director of Human Services shall review the design and proposed management plan for any child care facility proposed to qualify for bonus floor area to determine whether it will comply with the terms of this Section 23.49.012. The allowance of bonus floor area is conditioned upon approval of the design and proposed management plan by the Director. The child care facility shall be constructed consistent with the design approved by such Director and shall be operated for the minimum 20 year term consistent with the management plan approved by such Director, in each case with only such modifications as shall be approved by such Director. If the proposed management plan includes provisions for payment of rent or occupancy costs by the provider, the management plan must include a detailed operating budget, staffing ratios, and other information requested by the Director to assess whether the child care facility may be economically feasible and able to deliver quality services.

4.

The Director of Human Services is authorized to accept a voluntary agreement for the provision of a child care facility to satisfy bonus conditions and related agreements and instruments consistent with this Section 23.49.012. The voluntary agreement may provide, in case a child care facility is not maintained in continuous operation consistent with this subsection 23.49.012.C at any time within the minimum 20 year period, for the City's right to receive payment of a prorated amount of the in lieu cash contribution that then would be applicable to a new project seeking bonus floor area. Such Director may require security or evidence of adequate financial responsibility, or both, as a condition to acceptance of an agreement under this subsection 23.49.012.C.

D.

Cash option payments for child care. Cash payments under voluntary agreements for bonuses according to subsection 23.49.012.C shall be made prior to issuance of any building permit after the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued, or if the bonus is for use of existing floor area, the cash payment shall be made prior to issuance of any permit or modification allowing for use of the space as chargeable floor area. The payments shall be deposited in a special account established solely to fund expenditures for the development of childcare. Earnings on balances in the special account shall accrue to that account. The Director of Human Services shall use cash payments made in lieu of child care facilities and any earnings thereon to support development of child care facilities. Uses of funds to support child care facilities may include the City's costs to administer projects, not to exceed ten percent of total payments under this Section 23.49.012 and of any earnings thereon, and support provided through loans or grants to owners or developers. The location of child care facilities funded wholly or in part with cash payments shall be prioritized in the following order: 1) within the Downtown Urban Center; 2) within an Urban Center adjacent to the Downtown Urban Center; 3) in the City within 0.5 mile of a light rail or bus rapid transit station on a route serving the Downtown Urban Center; 4) in the City within 0.25 mile of a bus or streetcar stop on a route serving the Downtown Urban Center.

(Ord. 126855, § 29, 2023; Ord. 124843, § 39, 2015; Ord. 124388, § 1, 2013; Ord. 122990, § 1, 2009; Ord. 122054 § 14, 2006; Ord. 120443, §§ 7, 8, 2001)

A.

An applicant may achieve a portion of the chargeable floor area to be established in addition to base FAR through bonuses for amenities, subject to the limits in this Chapter 23.49. Amenities for which bonuses may be allowed are limited to:

1.

Public open space amenities, including hillside terraces on sites shown as eligible for bonuses on Map 1J, urban plazas in DOC1, DOC2 and DMC 340/290-440 zones, parcel parks in DOC1, DOC2, DMC, DMR, DH2, and IDM zones, public atria in DOC1, DOC2, DMC 340/290-440, and DMC 85/75-170 zones, green street improvements and green street setbacks on designated green streets;

2.

Hillclimb assists or shopping corridors on sites shown as eligible for these respective bonuses on Map 1J;

3.

Human services uses as follows:

a.

Information and referral for support services;

b.

Health clinics;

c.

Mental health counseling services;

d.

Substance abuse prevention and treatment services;

e.

Consumer credit counseling;

f.

Day care services for adults; and

g.

Jobs skills training services;

4.

Public restrooms; and

5.

Transit station access for fixed rail transit facilities.

B.

Standards for amenities

1.

Location of amenities. Amenities provided by the applicant by performance shall be located on the lot using the bonus, except as follows:

a.

Green street improvements may be located within an abutting right-of-way subject to applicable Director's rules.

b.

An open space amenity, other than green street improvements, may be on a lot other than the lot using the bonus, provided that it is within a Downtown zone and all of the following conditions are satisfied:

1)

The open space must be open to the general public without charge, must meet the eligibility conditions of the Downtown Amenity Standards, and must be one of the open space features cited in subsection 23.49.013.A.1.

2)

The open space must be within 1/4 mile of the lot using the bonus, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4.

3)

The open space must have a minimum contiguous area of 5,000 square feet, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4.

4)

Departures from standards for the minimum size of off-site open space and maximum distance from the project may be allowed by the Director as a Type I decision if the Director determines that if such departures are approved, the proposed open space will meet the additional need for open space caused by the project, and improve public access to the open space compared to provision of the open space on-site.

5)

The owner of any lot on which off-site open space is provided to meet the requirements of this Section 23.49.013 shall execute and record an easement or other instrument in a form acceptable to the Director assuring compliance with the requirements of this Section 23.49.013, including applicable conditions of the Downtown Amenity Standards.

c.

Public restrooms shall be on a ground floor; shall satisfy all codes and accessibility standards; shall be open to the general public during hours that the structure is open to the public, although access may be monitored by a person located at the restroom facility; shall be maintained by the owner of the structure for the life of the structure that includes the bonused space; and shall be designated by signs sufficient so that they are readily located by pedestrians on an abutting street or public open space. The Director is authorized to establish standards for the design, construction, operation, and maintenance of public restrooms qualifying for a bonus, consistent with the intent of this subsection 23.49.013.B.1.c to encourage the provision of accessible, clean, safe, and environmentally sound facilities.

2.

Options for provision of amenities. Amenities must be provided by performance except as expressly permitted in this Section 23.49.013. The Director may accept a cash payment for green street improvements and a related voluntary agreement from the applicant, subject to this Section 23.49.013, the Downtown Amenity Standards, and Director's Rule 11-2007 or its successor, if the Director determines that improvement of a green street abutting or in the vicinity of the lot within a reasonable time is feasible. The cash payment must be in an amount sufficient to improve fully 1 square foot of green street space for each 5 square feet of bonus floor area allowed for such payment. The cash payment shall be maintained in a restricted account and shall be used to improve a green street abutting or in the vicinity of the lot.

3.

Ratios and limits. Amenities may be used to gain floor area according to the applicable ratios, and subject to the limits in Section 23.49.011 and in Table A for 23.49.013.

4.

Downtown Amenity Standards

a.

The Director shall approve a feature for a bonus if the Director determines that the feature satisfies the eligibility conditions of the Downtown Amenity Standards, and that the feature carries out the intent of this Section 23.49.013 and the guidelines in the Downtown Amenity Standards.

b.

The Director may allow departures from the eligibility conditions in the Downtown Amenity Standards as a Type I decision, if the applicant can demonstrate that the amenity better achieves the intent of the amenity as described in this Chapter 23.49 and the Downtown Amenity Standards, and that the departure is consistent with any applicable criteria for allowing the particular type of departure in the Downtown Amenity Standards.

c.

The Director may allow departures from the eligibility conditions in the Downtown Amenity Standards as a Type I decision, to allow floor area in a Landmark structure satisfying the standards of subsection 23.49.011.A.2.j or in a small structure satisfying the standards of subsection 23.49.011.A.2.k to qualify as floor area eligible for a bonus if adapted to serve as a hillclimb assist, museum, shopping corridor, or public atrium amenity.

d.

The Director may condition the approval of a feature for a bonus as provided in the Downtown Amenity Standards.

5.

Open space amenities. Open space amenities must be newly constructed on a lot in a Downtown zone in compliance with the applicable provisions of this Chapter 23.49 and the Downtown Amenity Standards.

6.

Declaration. If amenities are to be provided on-site for purposes of obtaining bonus floor area, the owner shall execute and record a declaration in a form acceptable to the Director identifying the features and the fact that the right to develop and occupy a portion of the gross floor area on the site is based upon the long-term provision and maintenance of those amenities.

7.

Duration; alteration. All bonused amenities shall be provided and maintained in accordance with the applicable provisions of this Section 23.49.013 and the Downtown Amenity Standards for as long as the portion of the chargeable floor area gained by the amenities exists. A permit is required to alter or remove any bonused amenity.

(Ord. 125371, § 7, 2017; Ord. 125291, § 18, 2017; Ord. 124843, § 40, 2015; Ord. 124591, § 2, 2014; Ord. 124378, § 45, 2013; Ord. 124072, § 2, 2012; Ord. 123589, § 11, 2011; Ord. 123046, § 65, 2009; Ord. 122524, § 2, 2007; Ord. 122054 § 15, 2006; Ord. 120443, § 9, 2001.)

A.

General standards

1.

The following types of TDR may be transferred to the extent permitted in Table A for 23.49.014, subject to the limits and conditions in this Chapter 23.49:

a.

Housing TDR;

b.

DMC housing TDR;

c.

Landmark housing TDR;

d.

Landmark TDR;

e.

Open space TDR; and

f.

South Downtown Historic TDR.

2.

In addition to transfers permitted under subsection 23.49.014.A.1, TDR may be transferred from any lot to another lot on the same block, as within-block TDR, to the extent permitted in Table A for 23.49.014, subject to the limits and conditions in this Chapter 23.49.

3.

A lot's eligibility to be either a sending or receiving lot is regulated by Table A for 23.49.014.

4.

Except as expressly permitted pursuant to this Chapter 23.49, development rights or potential floor area may not be transferred from one lot to another.

5.

No permit after the first building permit, and in any event, no permit for any construction activity other than excavation and shoring or for occupancy of existing floor area by any use based upon TDR, will be issued for development that includes TDR until the applicant's possession of TDR is demonstrated according to rules promulgated by the Director to implement this Section 23.49.014.

B.

Standards for sending lots

1.

Maximum transferable floor area except from lots in South Downtown. This subsection 23.49.014.B.1 applies to sending lots that are not in South Downtown.

a.

The maximum amount of floor area that may be transferred, except as open space TDR, Landmark TDR, or Landmark housing TDR, from an eligible sending lot, is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011, exceeds the sum of any chargeable gross floor area existing or, if a DMC housing TDR site, to be developed on the sending lot, plus any TDR previously transferred from the sending lot.

b.

The maximum amount of floor area that may be transferred from an eligible open space TDR site is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011, exceeds the sum of (a) any existing chargeable gross floor area that is built on or over the portion of the sending lot that is not made ineligible by subsection 23.49.017.C, plus (b) the amount, if any, by which the total of any other chargeable floor area on the sending lot exceeds the product of the base FAR of the sending lot, as provided in Section 23.49.011, multiplied by the difference between the total lot area and the eligible lot area, plus (c) any TDR previously transferred from the sending lot.

c.

The maximum amount of floor area that may be transferred from an eligible Landmark housing TDR site is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011, exceeds TDR previously transferred from the sending lot, if any.

d.

The maximum amount of floor area that may be transferred from an eligible Landmark TDR site, if the chargeable floor area of the landmark structure is less than or equal to the base FAR permitted in the zone, is equivalent to the base FAR of the sending lot, minus any TDR that have been previously transferred. For landmark structures having chargeable floor area greater than the base FAR of the zone, the amount of floor area that may be transferred is limited to an amount equivalent to the base FAR of the sending lot minus the sum of (a) any chargeable floor area of the landmark structure exceeding the base FAR and (b) any TDR that have been previously transferred.

e.

For purposes of this subsection 23.49.014.B.1, the eligible lot area is the total area of the sending lot, reduced by the excess, if any, of the total of accessory surface parking over ¼ of the total area of the footprints of all structures on the sending lot; and for an open space TDR site, further reduced by the area of any portion of the lot ineligible under subsection 23.49.017.C.

2.

TDR from lots in South Downtown. This subsection 23.49.014.B.2 applies to sending lots in South Downtown.

a.

If the sending lot is located in a PSM or IDM zone, then subject to any lower limit under this subsection 23.49.014.B.2, the gross floor area that may be transferred is six times the lot area, minus the sum of any existing chargeable floor area and further reduced by any TDR previously transferred from the sending lot.

b.

If the sending lot is not located in a PSM or IDM zone, then subject to any lower limit under this subsection 23.49.014.B.2, the gross floor area that may be transferred is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011, exceeds the sum of any chargeable floor area existing on the sending lot, plus any TDR previously transferred from the sending lot.

c.

The cumulative amount of housing TDR transferred from any lot in South Downtown shall not exceed three times the lot area.

d.

The cumulative amount of open space TDR transferred from any lot in South Downtown shall not exceed three times the lot area.

e.

The cumulative amount of South Downtown Historic TDR transferred from any lot shall not exceed three times the lot area.

f.

The cumulative combined amount of TDR and TDP transferred from any lot in South Downtown shall not exceed six times the lot area.

g.

For purposes of this subsection 23.49.014.B.2, the eligible lot area is the total area of the sending lot, reduced by the excess, if any, of the total of accessory surface parking over 1/4 of the total area of the footprints of all structures on the sending lot; and for an open space TDR site, further reduced by any portion of the lot ineligible under subsection 23.49.017.C.

3.

Effect of transfer in zones with base FAR limits. If TDR are transferred from a sending lot in a zone with a base FAR limit, except an IDM zone, the amount of chargeable floor area that may then be established on the sending lot is equal to the amount by which the area of the lot, multiplied by the applicable base FAR limit set in Section 23.49.011, exceeds the total of:

a.

The existing chargeable floor area on the lot; plus

b.

The amount of gross floor area transferred from the lot.

4.

Effect of transfer in PSM and IDM zones.

a.

If TDR are transferred from a sending lot in a PSM zone, the amount of chargeable floor area that may then be established on the sending lot is equal to the amount by which the total gross floor area that could have been built on the sending lot consistent with applicable development standards as determined by the Director had no TDR been transferred exceeds the sum of:

1)

The existing chargeable floor area on the lot; plus

2)

The gross floor area of TDR transferred from the lot.

b.

If TDR are transferred from a sending lot in an IDM zone, the amount of chargeable floor area that may then be established on the sending lot shall not exceed the amount by which the applicable base FAR limit in Section 23.49.011 multiplied by the lot area exceeds the sum of:

1)

The existing chargeable floor area on the lot; plus

2)

The gross floor area of TDR transferred from the lot.

5.

TDR from lots with more than base FAR not allowed; exception. Gross floor area allowed above base FAR under any bonus provisions of this Title 23 or the former Title 24, or allowed under any exceptions or waivers of development standards, may not be transferred. TDR may be transferred from a lot that contains chargeable floor area exceeding the base FAR only if the TDR are from an eligible Landmark TDR site, consistent with subsection 23.49.014.B.1.c, or to the extent, if any, that:

a.

TDR were previously transferred to such lot in compliance with the Land Use Code provisions and applicable rules then in effect;

b.

Those TDR, together with the base FAR under Section 23.49.011, exceed the chargeable floor area on the lot and any additional chargeable floor area for which any permit has been issued or for which any permit application is pending; and

c.

The excess amount of TDR previously transferred to such lot would have been eligible for transfer from the original sending lot under Section 23.49.014 at the time of their original transfer from that lot.

6.

Rehabilitation of Landmark structures and contributing structures. Landmark structures on sending lots from which Landmark TDR or Landmark housing TDR are transferred shall be rehabilitated and maintained as required by the Landmarks Preservation Board. Contributing structures under Section 23.66.032 on sending lots from which South Downtown Historic TDR are transferred shall be rehabilitated and maintained as required by the Director of Neighborhoods upon recommendation by the International Special Review District Board or the Pioneer Square Preservation Board.

7.

Rehabilitation of housing. Housing on lots from which housing TDR are transferred shall be rehabilitated to the extent required to provide decent, sanitary and habitable conditions, in compliance with applicable codes, and so as to have an estimated minimum useful life of at least 50 years from the time of the TDR transfer, as approved by the Director of Housing. Landmark buildings on lots from which Landmark housing TDR are transferred shall be rehabilitated to the extent required to provide decent, sanitary and habitable housing, in compliance with applicable codes, and so as to have an estimated minimum useful life of at least 50 years from the time of the TDR transfer, as approved by the Director of Housing and Director of Neighborhoods. If housing TDR or Landmark housing TDR are proposed to be transferred prior to the completion of work necessary to satisfy this subsection 23.49.014.B.7, the Director of Housing may require, as a condition to such transfer, that security be deposited with the City to ensure the completion of such work.

8.

Restricted units provided as a condition to eligibility of a lot as a housing TDR site, Landmark housing TDR site, or DMC housing TDR site shall be generally comparable in their average size and quality of construction to other units in the same structure, in the judgment of the Director of Housing, after completion of any rehabilitation or construction undertaken in order to qualify as a TDR sending lot.

9.

Standards for eligibility as a South Downtown Historic TDR sending lot

a.

In order to be eligible to transfer South Downtown Historic TDR, a lot must contain a structure that includes at least 5,000 gross square feet in above-grade space and was finally determined to be a contributing structure under Section 23.66.032.

b.

Contributing structures on a sending lot from which South Downtown Historic TDR are transferred shall be rehabilitated and maintained as required by the Director of Neighborhoods.

c.

As a condition to finally allow the transfer of South Downtown Historic TDR from a lot, the applicant must certify that the contributing structure continues to meet any conditions identified by the Director of Neighborhoods pursuant to subsection 23.66.032.C within no more than three years prior to the recordation of the deed conveying the TDR from the sending lot.

d.

South Downtown Historic TDR shall not be transferred from a lot from which South Downtown Historic TDP has been transferred or from a lot on which any extra floor area has been established based on the presence of a contributing structure.

C.

Limit on within-block TDR. Any receiving lot is limited to a gain of 15 percent of the floor area above the first increment of FAR above the base FAR, as specified in subsection 23.49.011.A.2.a, from TDR from sending lots that are eligible to send TDR solely because they are on the same block as the receiving lot.

D.

Transfer of development rights deeds and agreements

1.

The fee owners of the sending lot shall execute a deed, shall obtain the release of the TDR from all liens of record, and shall obtain the written consent of all holders of encumbrances on the sending lot other than easements and restrictions, unless the requirement for a release or consent is waived by the Director for good cause. The deed shall be recorded in the King County real property records. If TDR are conveyed to the owner of a receiving lot described in the deed, then unless otherwise expressly stated in the deed or any subsequent instrument conveying such lot or the TDR, the TDR shall pass with the receiving lot whether or not a structure using such TDR shall have been permitted or built prior to any conveyance of the receiving lot. Any subsequent conveyance of TDR previously conveyed to a receiving lot shall require the written consent of all parties holding any interest in or lien on the receiving lot from which the conveyance is made. If the TDR are transferred other than directly from the sending lot to the receiving lot using the TDR, then after the initial transfer, all subsequent transfers also shall be by deed, duly executed, acknowledged and recorded, each referring by King County recording number to the prior deed. Any deed conveying any South Downtown Historic TDR from the sending lot shall include a sworn certification by the grantor to the effect that one or more structures on the sending lot have been finally determined to be contributing structures pursuant to Section 23.66.032, and that since the date of such determination there have been no material changes to any contributing structure on the sending lot, except pursuant to a certificate of approval specifically stating that the authorized change will not affect the status of the structure as a contributing structure. Any false certification by the grantor in a deed under this subsection 23.49.014.D.1 is a violation of this Title 23.

2.

Any person may purchase any TDR that are eligible for transfer by complying with the applicable provisions of this Section 23.49.014, whether or not the purchaser is then an applicant for a permit to develop downtown real property. Any purchaser of such TDR (including any successor or assignee) may use such TDR to obtain chargeable floor area above the applicable base on a receiving lot to the extent such use of TDR is permitted under the Land Use Code provisions in effect on the date of building permit issuance or vesting, under applicable law, of such person's rights with respect to the issuance of permits for development of the project intended to use such TDR. The Director may require, as a condition of processing any permit application using TDR or for the release of any security posted in lieu of a deed for TDR to the receiving lot, that the owner of the receiving lot demonstrate that the TDR have been validly transferred of record to the receiving lot, and that such owner has recorded in the real estate records a notice of the filing of such permit application, stating that such TDR are not available for retransfer.

3.

For transfers of housing TDR, Landmark housing TDR, or DMC housing TDR, the owner of the sending lot shall execute and record an agreement, with the written consent of all holders of encumbrances on the sending lot, unless such consent is waived by the Director of Housing for good cause, to provide for the maintenance of the required housing on the sending lot for a minimum of 50 years. Such agreement shall commit to limits on rent and occupancy, consistent with the definition of housing TDR site, Landmark housing TDR site, or DMC housing TDR site, as applicable, and acceptable to the Director of Housing.

4.

For transfers of Landmark TDR or Landmark housing TDR, the owner of the sending lot shall execute and record an agreement in form and content acceptable to the Landmarks Preservation Board providing for the rehabilitation and maintenance of the historically significant features of the structure or structures on the lot.

5.

For transfers of South Downtown Historic TDR, the owner of the sending lot shall execute and record an agreement in form and content acceptable to the Director of Neighborhoods in consultation with the International Special Review District Board or the Pioneer Square Preservation Board providing for the rehabilitation and maintenance of historically or architecturally significant features of a contributing structure or structures on the lot.

6.

A deed conveying TDR may require or permit the return of the TDR to the sending lot under specified conditions, but notwithstanding any such provisions:

a.

The transfer of TDR to a receiving lot shall remain effective so long as any portion of any structure for which a permit was issued based upon such transfer remains on the receiving lot; and

b.

The City shall not be required to recognize any return of TDR unless it is demonstrated that all parties in the chain of title have executed, acknowledged and recorded instruments conveying any interest in the TDR back to the sending lot and any lien holders have released any liens thereon.

7.

Any agreement governing the use or development of the sending lot shall provide that its covenants or conditions shall run with the land and shall be specifically enforceable by The City of Seattle.

E.

TDR sales before base FAR increases and changes in exemptions. Except for transfers of TDR from a sending lot with a major performing arts facility, or from a Landmark performing arts theater satisfying the conditions of subsection 23.49.011.A.3, transfers of TDR from any lot from which a TDR transfer was made prior to August 26, 2001, are limited to the amount of TDR available from such lot immediately prior to that date.

F.

Projects developed under prior code provisions

1.

Any project that is developed pursuant to a master use permit issued under the provisions of this Title 23 as in effect prior to August 26, 2001, which permit provides for the use of TDR, may use TDR that were transferred from the sending lot consistent with such prior provisions prior to August 26, 2001.

2.

In addition or in the alternative, such a project may use TDR that are transferred from a sending lot on or after August 26, 2001.

3.

The use of TDR by any such project must be consistent with the provisions of Title 23 applicable to the project, including any limits on the range of FAR in which a type of TDR may be used, except that open space TDR may be used by such a project in lieu of any other TDR or any bonus, or both, allowable under such provisions.

G.

TDR satisfying conditions to transfer under prior code

1.

If the conditions to transfer Landmark TDR, as in effect immediately prior to August 26, 2001, were satisfied on or before December 31, 2001, such TDR may be transferred from the sending lot in the amounts eligible for transfer as determined under the provisions of this Title 23 in effect immediately prior to August 26, 2001. If the conditions to transfer housing TDR were satisfied prior to August 26, 2001, under the provisions of this Title 23 then in effect, such TDR may be transferred from the sending lot in the amounts eligible for transfer immediately prior to that date. If the conditions to transfer TDR from a major performing arts facility were satisfied prior to August 26, 2001, under the provisions of this Title 23 then in effect, such TDR may be transferred from the sending lot after that date, for use on any receiving lots in zones where housing TDR may be used according to Table A for 23.49.014, in an amount as determined under subsection 23.49.014.B, provided that the cumulative amount of TDR that may be transferred after June 1, 2005, from any sending lot based on the presence of a major performing arts facility is limited to 150,000 square feet.

2.

For purposes of this subsection 23.49.014.G, conditions to transfer include, without limitations, the execution by the owner of the sending lot, and recording in the King County real property records, of any agreement required by the provisions of this Title 23 or the Public Benefit Features Rule in effect immediately prior to August 26, 2001, but such conditions do not include any requirement for a master use permit application for a project intending to use TDR, or any action connected with a receiving lot. TDR transferable under this subsection 23.49.014.G are eligible either for use consistent with the terms of Section 23.49.011 or for use by projects developed pursuant to permits issued under the provisions of this Title 23 in effect prior to August 26, 2001. The use of TDR transferred under this subsection 23.49.014.G on the receiving lot shall be subject only to those conditions and limits that apply for purposes of the master use permit decision for the project using the TDR.

H.

Time of determination of TDR eligible for transfer. Except as stated in subsection 23.49.014.G, the eligibility of a sending lot to transfer TDR, and the amount transferable from a sending lot, shall be determined as of the date of transfer from the sending lot and shall not be affected by the date of any application, permit decision or other action for any project seeking to use such TDR.

I.

Use of previously transferred TDR by new projects. Any project using TDR according to applicable limits on types and amounts of TDR in Section 23.49.011 may use TDR that were transferred from the sending lot consistent with the provisions of this Title 23 in effect at the time of such transfer. For purposes of this subsection 23.49.014.I, the owner of TDR that were transferred based upon a housing commitment accepted by the City shall be entitled to have such TDR considered as housing TDR.

(Ord. 126864, § 18, 2023; Ord. 126855, § 30, 2023; Ord. 126157, § 38, 2020; Ord. 125371, § 8, 2017; Ord. 125291, § 19, 2017; Ord. 124680, § 5, 2015; Ord. 124591, § 3, 2014; Ord. 124378, § 46, 2013; Ord. 124072, § 3, 2012; Ord. 123589, § 12, 2011; Ord. 123046, §§ 34, 65, 2009; Ord. 122611, § 3, 2007; Ord. 122054 § 16, 2006; Ord. 121874 § 2, 2005; Ord. 120967 §§ 4,5, 2003; Ord. 120443, § 11, 2001.)

A.

Finding. The City Council finds that:

1.

Office workers are the principal users of Downtown open space.

2.

Additional major office projects Downtown will result in increased use of public open space.

3.

If additional major office projects Downtown do not provide open space to offset the additional demands on public open space caused by such projects, the result will be overcrowding of public open space, adversely affecting the public health, safety and welfare.

4.

The additional open space needed to accommodate office workers is at least twenty (20) square feet for each one thousand (1,000) square feet of office space.

5.

Smaller office developments may encounter design problems in incorporating open space, and the sizes of open spaces provided for office projects under eighty-five thousand (85,000) square feet may make them less attractive and less likely to be used. Therefore, and in order not to discourage small scale office development, projects involving less than eighty-five thousand (85,000) square feet of new office space should be exempt from any open space requirement.

6.

As indicated in the October 1994 report of the Department of Construction and land use, with the exception of certain projects, most major recent Downtown office projects have provided significant amounts of on-site open space. Therefore, requiring open space for future major projects will tend to ensure that existing projects do not bear the burdens caused by new development and will result in an average reciprocity of advantage.

B.

Quantity of Open Space. Open space in the amount of twenty (20) square feet for each one thousand (1,000) square feet of gross office floor area shall be required of projects that include eighty-five thousand (85,000) or more square feet of gross office floor area in DOC1, DOC2, DMC, DMR/C and DH2 zones, except that the floor area of a museum expansion space, satisfying the provisions of Section 23.49.011 B1h, shall be excluded from the calculation of gross office floor area.

C.

Standards for Open Space. To satisfy this requirement, open space may be provided on-site or off-site, as follows:

1.

Private Open Space. Private open space on the project site or on an adjacent lot directly accessible from the project site may satisfy the requirement of this section. Such space shall not be eligible for bonuses. Private open space shall be open to the sky and shall be consistent with the general conditions related to landscaping; seating and furnishings contained in the Downtown Amenity Standards. Private open space satisfying this requirement must be accessible to all tenants of the building and their employees.

2.

On-site Public Open Space.

a.

Open space provided on the project site under this requirement shall be eligible for amenity feature bonuses, as allowed for each zone, provided the open space is open to the public without charge and meets the standards of Section 23.49.013 and the Downtown Amenity Standards for one (1) or more of the following:

• Parcel park;

• Green street setback and green street improvement on an abutting right-of-way;

• Hillside terrace;

• Harborfront open space; or

• Urban plaza.

b.

On-site open space satisfying the requirement of subsection C2a of this section may achieve a bonus as an amenity feature not to exceed any limits pursuant to Section 23.49.013, subject to the conditions in this chapter, which bonus shall be counted against, and not increase, the total FAR bonus available from the provision of amenity features.

3.

Off-site Public Open Space.

a.

Open space satisfying the requirement of this section may be on a site other than the project site, provided that it is within a Downtown zone, within one-quarter (¼) mile of the project site, open to the public without charge, and at least five thousand (5,000) square feet in contiguous area. The minimum size of off-site open space and maximum distance from the project may be increased or decreased for a project if the Director determines that such adjustments are reasonably necessary to provide for open space that will meet the additional need for open space caused by the project and enhance public access.

b.

Public open space provided on a site other than the project site may qualify for a development bonus for the project if the open space meets the standards of Section 23.49.013 and is one of the open space features citied in subsection C2a of this section. Bonus ratios for off-site open space are prescribed in Section 23.49.013. This bonus is counted against, and may not increase, the total amount of bonus development allowed under Section 23.49.011 and Section 23.49.013.

4.

Easement for Off-site Open Space. The owner of any lot on which off-site open space is provided to meet the requirements of this section shall execute and record an easement in a form acceptable to the Director assuring compliance with the requirements of this section, including applicable conditions of the Downtown Amenity Standards. The Director is authorized to accept such an easement, provided that the terms do not impose any costs or obligations on the City.

D.

Payment in Lieu. In lieu of providing open space under this requirement, an owner may make a payment to the City if the Director determines that the payment will contribute to the improvement of a designated green street or to other public open space improvements abutting the lot or in the vicinity, in an amount sufficient to develop improvements that will meet the additional need for open space caused by the project, and that the improvement within a reasonable time is feasible. Any such payment shall be placed in a dedicated fund or account and used within five (5) years of receipt for the development of such improvements, unless the property owner and the City agree upon another use involving the acquisition or development of public open space that will mitigate the impact of the project. A bonus may be allowed for a payment in lieu of providing improvement made wholly or in part to satisfy the requirements of this section, pursuant to Section 23.49.013.

E.

Limitations. Open space satisfying the requirement of this section for any project shall not be used to satisfy the open space requirement for any other project, nor shall any bonus be granted to any project for open space meeting the requirement of this section for any other project. When a transmitting antenna is sited or proposed to be sited on a rooftop where required open space is located, see Section 23.57.013. Open space on the site of any building for which a Master Use Permit decision was issued or a complete building permit application was filed prior to the effective date ordinance 117430, that is not required under the Land Use Code in effect when such permit decision was issued or such application filed but that would have been required for the same building by this section, shall not be used to satisfy the open space requirement or to gain an FAR bonus for any other project.

F.

Authority. This section is adopted pursuant to the Growth Management Act, the City's Comprehensive Plan and the City's inherent police power authority. The City Council finds that the requirements of this section are necessary to protect and promote the public health, safety and welfare.

(Ord. 122054 § 20, 2006; Ord. 121477 § 14, 2004; Ord. 120967 § 2, 2003; Ord. 120928 § 19, 2002; Ord. 120443, § 4, 2001; Ord. 117430, § 60, 1994.)

A.

Intent. The intent of open space TDR is to provide opportunities for establishing a variety of usable public open space generally distributed to serve all areas of downtown.

B.

Application and Approval. The owner of a lot who wants to establish and convey open space TDR shall apply to the Director for approval of the lot as a sending lot for open space TDR. The application shall include a design for the open space in such detail as the Director shall require and a maintenance plan for the open space. The Director shall review the application pursuant to the provisions of this section, and shall approve, disapprove or conditionally approve the application to establish and convey open space TDR. Conditions may include, without limitation, assurance of funding for long-term maintenance of the open space and dates when approvals shall expire if the open space is not developed.

C.

Area Eligible for Transfer. For purposes of calculating the amount of TDR transferable under Section 23.49.014, Transfer of Development Rights (TDR), eligible area does not include any portion of the lot occupied above grade by a structure or use unless the structure or use is accessory to the open space.

D.

Basic requirements. In order to qualify as a sending lot for open space TDR, the sending lot must include open space that satisfies the basic requirements of this subsection, unless an exception is granted by the Director pursuant to subsection 23.49.017.H. A sending lot for open space TDR must:

1.

Include a minimum area as follows:

a.

Contiguous open space with a minimum area of 15,000 square feet; or

b.

A network of adjacent open spaces, which may be separated by a street right-of-way, that are physically and visually connected with a minimum area of 30,000 square feet;

2.

Be directly accessible from the sidewalk or another public open space, including access for persons with disabilities;

3.

Be at ground level, except that in order to provide level open spaces on steep lots, some separation of multiple levels may be allowed, provided they are physically and visually connected;

4.

Not have more than 20 percent of the lot area occupied by any above grade structures; and

5.

Be located a minimum of ¼ of a mile from the closest lot approved by the Director as a separate open space TDR site.

E.

Open Space Guidelines. The Director shall consider the following guidelines, and may disapprove or condition an application based on one or more of them. If the Director determines that the design for the open space will substantially satisfy the intent of the guidelines as a whole, the Director need not require that every guideline be satisfied as a condition to approval. Open space should be designed to:

1.

Be well integrated with Downtown's pedestrian and transit network;

2.

Be oriented to promote access to sun and views and protection from wind, taking into account potential development on adjacent lots built to the maximum limits zoning allows;

3.

Enhance user safety and security and ease of maintenance;

4.

Be highly visible because of the relation to the street grid, topographic conditions, surrounding development pattern, or other factors, thereby enhancing public access and identification of the space as a significant component of the urban landscape;

5.

Incorporate various features, such as seating and access to food service, that are appropriate to the type of area and that will enhance public use of the area as provided by the guidelines for an urban plaza in the Downtown Amenity Standards;

6.

Provide such ingress and egress as will make the areas easily accessible to the general public along street perimeters;

7.

Be aesthetically pleasing space that is well integrated with the surrounding area through landscaping and special elements, which should establish an identity for the space while providing for the comfort of those using it;

8.

Increase activity and comfort while maintaining the overall open character of public outdoor space; and

9.

Include artwork as an integral part of the design of the public space.

F.

Public Access.

1.

Recorded Documents. The open space must be subject to a recorded easement, or other instrument acceptable to the Director, to limit any future development on the lot and to ensure general public access and the preservation and maintenance of the open space, unless such requirement is waived by the Director for open space in public ownership. The Director is authorized to accept such an easement or instrument, so long as its terms do not impose obligations or costs on the City.

2.

Hours of Operation. The open space must be open to the general public without charge for reasonable and predictable hours, such as those for a public park, for a minimum of ten (10) hours each day of every week. Within the open space, property owners, tenants and their agents shall allow individuals to engage in activities allowed in public parks of a similar nature. Free speech activities such as hand billing, signature gathering and holding signs, all without obstructing access to the open space, or adjacent buildings or features, and without unreasonably interfering with the enjoyment of the space by others, shall be allowed. While engaged in allowed activities members of the public may not be asked to leave for any reason other than conduct that unreasonably interferes with the enjoyment of the space by others.

3.

Plaque Requirement. A plaque indicating the nature of the site and its availability for general public access must be placed in a visible location at the entrances to the site. The text on the plaque is subject to the approval of the Director.

G.

Maintenance. The property owner and/or another responsible party who shall have assumed obligations for maintenance on terms approved by the Director, shall maintain all elements of the site, including but not limited to landscaping, parking, seating and lighting, in a safe and clean condition as provided for in a maintenance plan to be approved by the Director.

H.

Special exception for Open Space TDR sites. The Director may authorize an exception to the requirements for open space TDR sites in subsection 23.49.017.D, as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permit and Council Land Use Decisions.

1.

The provisions of this subsection 23.49.017.H will be used by the Director in determining whether to grant, grant with condition or deny a special exception. The Director may grant exceptions only to the extent such exceptions further the provisions of this subsection 23.49.017.H.

2.

In order for the Director to grant, or grant with conditions, an exception to the requirements for open space TDR sites, the following must be satisfied:

a.

The exception allows the design of the open space to take advantage of unusual site characteristics or conditions in the surrounding area, such as views and relationship to surroundings; and

b.

The applicant demonstrates that the exceptions would result in an open space that better meets the intent of the provisions for open space TDR sites in subsection 23.49.017.D.

(Ord. 123046, § 35, 2009; Ord. 122054 § 21, 2006.)

A.

Continuous overhead weather protection shall be required for new development along the entire street frontage of a lot except along those portions of the structure facade that:

1.

are located farther than five (5) feet from the street property line or widened sidewalk on private property; or

2.

abut a bonused open space amenity feature; or

3.

are separated from the street property line or widened sidewalk on private property by a landscaped area at least two (2) feet in width; or

4.

are driveways into structures or loading docks.

B.

Overhead weather protection shall have a minimum dimension of eight (8) feet measured horizontally from the building wall or must extend to a line two (2) feet from the curb line, whichever is less.

C.

The installation of overhead weather protection shall not result in any obstructions in the sidewalk area.

D.

The lower edge of the overhead weather protection must be a minimum of ten (10) feet and a maximum of fifteen (15) feet above the sidewalk.

E.

Adequate lighting for pedestrians shall be provided. The lighting may be located on the facade of the building or on the overhead weather protection.

(Ord. 122234, § 6, 2006; Ord. 122054 § 27, 2006.)

The regulations in this Section 23.49.019 do not apply to the Pike Market Mixed zones.

A.

Parking quantity requirements

1.

No parking, either long-term or short-term, is required for uses on lots in Downtown zones, except as follows:

a.

In the International District Mixed and International District Residential zones, parking requirements for restaurants, motion picture theaters, and other entertainment uses are as prescribed by Section 23.66.342.

b.

In the International District Mixed and International District Residential zones, the Director of the Department of Neighborhoods, upon the recommendation of the International District Special Review District Board, may waive or reduce required parking according to the provisions of Section 23.66.342, Parking and access.

c.

Bicycle parking is required as specified in subsection 23.54.015.K.

2.

Reduction or elimination of parking required by permits. A property owner may apply to the Director for the reduction or elimination of parking required by any permit issued under this Title 23 or Title 24, except for a condition contained in or required pursuant to any Council conditional use, contract rezone, planned community development, or other Type IV decision. The Director may grant reduction or elimination of required parking as a Type I decision, either as part of a Master Use Permit for the establishment of any new use or structure, or as an independent application for reduction or elimination of parking required by permit. Parking for bicycles may not be reduced or eliminated under this subsection 23.49.019.A.2. Any Transportation Management Plan (TMP) required by permit for the development for which a parking reduction or elimination is proposed shall remain in effect, except that the Director may change the conditions of the TMP to reflect current conditions and to mitigate any parking and traffic impacts of the proposed changes. If any bonus floor area was granted for the parking, then reduction or elimination shall not be permitted except in compliance with applicable provisions regarding the elimination or reduction of bonus features. If any required parking that is allowed to be reduced or eliminated under this subsection 23.49.019.A.2 is the subject of a recorded parking covenant, the Director may authorize modification or release of the covenant.

B.

Parking location within structures

1.

Parking at street level

a.

On Class I pedestrian streets and designated green streets, parking is not permitted at street level unless separated from the street by other uses, provided that garage doors need not be separated.

b.

On Class II pedestrian streets, parking may be permitted at street level if:

1)

at least 30 percent of the street frontage of any street-level parking area, excluding that portion of the frontage occupied by garage doors, is separated from the street by other uses;

2)

the facade of the separating uses satisfies the transparency and blank wall standards for Class I pedestrian streets for the zone in which the structure is located;

3)

the portion of the parking, excluding garage doors, that is not separated from the street by other uses is screened from view at street level; and

4)

the street facade is enhanced by architectural detailing, artwork, landscaping, or similar visual interest features.

2.

Limits on the number of stories of parking located above the street-level story

a.

There is no limit on the number of stories of parking permitted above the street-level story if the parking is separated along all street frontages of the structure by another use and if the separation requirements of subsection 23.49.019.B.3 are met.

b.

On lots that are less than 30,000 square feet in size, or that are 150 feet in depth or less as measured from the lot line with the greatest street frontage, parking is permitted above the street-level story as follows:

1)

One story of parking is permitted above the street-level story of the structure for each story of parking provided below grade that is of at least equivalent capacity, up to a maximum of four stories of parking above the street-level story. The separation requirements of subsection 23.49.019.B.3 and the screening requirements of subsection 23.49.019.B.4 must be met.

2)

The Director may permit more than four stories of parking above the street-level story of the structure or may permit other exceptions to subsection 23.49.019.B.2.b.1 as a Type I decision if the Director finds that locating parking below grade is infeasible due to physical site conditions such as a high water table or proximity to a tunnel. In such cases, the applicant shall place the maximum feasible amount of parking below grade before more than four stories of parking above the street-level story shall be permitted. The rationale that a site is too small to accommodate parking below grade is not a basis for granting an exception under this subsection 23.49.019.B.2.b.2.

3.

Separation of parking located above the street-level story

a.

All parking provided above the street-level story of a structure shall be separated along all street lot lines by another use, except for lots that meet the conditions of subsection 23.49.019.B.2.b, which are subject to the provisions of subsections 23.49.019.B.3.b and 23.49.019.B.3.c.

b.

Except as provided in subsection 23.49.019.B.3.c, for parking that is allowed above the street-level story under the provisions of subsection 23.49.019.B.2.b, parking above the third story of a structure shall be separated from the street by another use for a minimum of 30 percent measured along each street frontage of the structure. For structures located at street intersections, the separation by another use shall be provided at the corner portion(s) of the structure.

c.

Separation of parking on blocks abutting Alaskan Way in the DMC 160 zone

1)

Any parking located above the street-level story of a structure shall be separated along 100 percent of the street frontage facing Alaskan Way by one or more of the following uses:

a)

residential use that is predominantly floor area occupied by dwelling units or common recreation area;

b)

lodging rooms or public areas accessory to hotel use;

c)

office use; or

d)

uses that qualify as required street-level uses in subsection 23.49.009.A.

2)

Any parking located above the street-level story of a structure facing other streets besides Alaskan Way shall be separated from those streets by another use for a minimum of 30 percent measured along each street frontage. For structures located at street intersections, the separation by another use shall be provided at the corner portion(s) of the structure.

4.

Screening of parking located above the street-level story. For parking that is allowed above the street-level story under the provisions of subsection 23.49.019.B.2.b, if parking is not separated from the street by another use, then screening of the parking is required as follows:

a.

Except as provided in subsection 23.49.019.B.4.b, the perimeter of each story of parking above the street-level story of the structure shall have an opaque screen at least 3.5 feet high where the parking is not separated from the street by another use.

b.

In the DMC 160 zone, on street frontages where parking is not separated from the street by another use, parking shall be enclosed by facades. The facades shall be designed to minimize the visual impacts and impacts of glare from vehicle headlights and interior garage lighting.

C.

Maximum parking limits

1.

Except as provided in subsections 23.49.019.C.2 and 23.66.342.B, parking for non-residential uses is limited to a maximum of one parking space per 1,000 square feet.

2.

In the area east of Interstate 5, parking for general sales and service uses and for eating and drinking establishments is limited to a maximum of two parking spaces per 1,000 square feet.

D.

Ridesharing and transit incentive program requirements. The following requirements apply to all new structures containing more than 10,000 square feet of new non-residential use, and to structures where more than 10,000 square feet of non-residential use is proposed to be added.

1.

The building owner shall establish and maintain a transportation coordinator position for the proposed structure and designate a person to fill this position, or the building owner may contract with an area-wide transportation coordinator acceptable to the Department. The transportation coordinator shall devise and implement alternative means for employee commuting. The transportation coordinator shall be trained by the Seattle Department of Transportation or by an alternative organization with ridesharing experience, and shall work with the Seattle Department of Transportation and building tenants. The coordinator shall disseminate ridesharing information to building occupants to encourage use of public transit, carpools, vanpools and flextime; administer the in-house ridesharing program; and aid in evaluation and monitoring of the ridesharing program by the Seattle Department of Transportation. The transportation coordinator in addition shall survey all employees of building tenants once a year to determine commute mode percentages.

2.

The Seattle Department of Transportation, in conjunction with the transportation coordinator, shall monitor the effectiveness of the ridesharing/transit incentive program on an annual basis. The building owner shall allow a designated Seattle Department of Transportation or rideshare representative to inspect the parking facility and review operation of the ridesharing program.

3.

The building owner shall provide and maintain a transportation information center, which has transit information displays including transit route maps and schedules and Seattle ridesharing program information. The transportation display shall be located in the lobby or other location highly visible to employees within the structure, and shall be established prior to issuance of a certificate of occupancy.

E.

Bicycle parking is required according to subsection 23.54.015.K.

F.

Reserved

G.

Off-street loading

1.

Off-street loading spaces shall be provided according to the standards of Section 23.54.035, Loading berth requirements and space standards.

2.

In Pioneer Square Mixed zones, the Department of Neighborhoods Director, after review and recommendation by the Pioneer Square Preservation Board, may waive or reduce required loading spaces according to the provisions of Section 23.66.170, Parking and access.

3.

In International District Mixed and International District Residential zones, the Department of Neighborhoods Director, after review and recommendation by the International District Special Review District Board, may waive or reduce required loading spaces according to the provisions of Section 23.66.342, Parking and access.

H.

Standards for location of access to parking. This subsection 23.49.019.H does not apply to Pike Market Mixed, Pioneer Square Mixed, International District Mixed, and International District Residential zones except that subsection 23.49.019.H.1 applies to International District Mixed and International District Residential zones to the extent stated in subsection 23.66.342.D.

1.

Curb cut location

a.

If a lot abuts an alley, alley access is required, except as provided in subsection 23.49.019.H.1.c.

b.

If a lot does not abut an alley and abuts more than one right-of-way, the location of access is determined by the Director as a Type I decision after consulting with the Director of Transportation. Unless the Director otherwise determines under subsection 23.49.019.H.1.c, access is allowed only from a right-of-way in the category, determined by the classifications shown on Map 1B and Map 1F of the Downtown Overlay Maps or another map identified in a note to Map 1F, that is most preferred among the categories of rights-of-way abutting the lot, according to the ranking set forth below, from most to least preferred (a portion of a street that is included in more than one category is considered as belonging only to the least preferred of the categories in which it is included):

1)

Access street;

2)

Class II pedestrian street/Minor arterial;

3)

Class II pedestrian street/Principal arterial;

4)

Class I pedestrian street/Minor arterial;

5)

Class I pedestrian street/Principal arterial;

6)

Principal transit street;

7)

Designated green street.

c.

The Director may allow or require access from a right-of-way other than one indicated by subsection 23.49.019.H.1.a or 23.49.019.H.1.b if, after consulting with the Director of Transportation on whether and to what extent alternative locations of access would enhance pedestrian safety and comfort, facilitate transit operations, facilitate the movement of vehicles, minimize the on-street queuing of vehicles, enhance vehicular safety, or minimize hazards, and, for hotel use, improve passenger loading safety or increase visibility of vehicular access for guests arriving by car, the Director finds that an exception to the general policy is warranted. The Director may approve an exception for hotel use and impose conditions to minimize any adverse impacts to the pedestrian environment or street operations, including but not limited to allowing one-way driveways that are less than the minimum width otherwise required. Curb cut controls on designated green streets shall be evaluated on a case-by-case basis, but generally access from green streets is not allowed if access from any other right-of-way is possible.

d.

If a street or alley vacation is proposed, the Director shall consult with the Seattle Design Commission on how the location and extent of proposed curb cuts affects or impacts the public realm and how those impacts have been reduced.

2.

Curb cut width and number. The width and number of curbcuts shall comply with Section 23.54.030, Parking space standards.

I.

Screening and landscaping of surface parking areas

1.

Screening. Surface parking areas for more than five vehicles shall be screened in accordance with the following requirements:

a.

Screening is required along each street lot line.

b.

Screening shall consist of:

1)

A view-obscuring fence or wall at least 3 feet in height; or

2)

A landscaped area with vegetation at least 3 feet in height. Landscaped areas may include bioretention facilities or landscaped berms, provided that the top of the vegetation is at least 3 feet above the grade abutting the facility or berm.

c.

A landscaped strip on the street side of the fence or wall shall be provided if a fence or wall is used for screening. The strip shall be an average of 3 feet from the property line, but at no point less than 1.5 feet wide. Each landscaped strip shall be planted with sufficient shrubs, grass and/or evergreen groundcover so that the entire strip, excluding driveways, will be covered in three years. Each landscaped strip may be a bioretention facility, at grade, or a raised berm.

d.

Sight triangles shall be provided in accordance with Section 23.54.030, Parking space standards.

2.

Landscaping. Surface parking areas for 20 or more vehicles, except temporary surface parking areas, shall be landscaped according to the following requirements:

a.

The amount of landscaped area required is shown on Table B for 23.49.019:

b.

The minimum size of a required landscaped area is 100 square feet. Berms provided to meet the screening standards in subsection 23.49.019.I.1 may be counted as part of a landscaped area. No part of a landscaped area shall be less than 4 feet in any dimension except those dimensions reduced by turning radii or angles of parking spaces.

c.

The landscaped area may include bioretention facilities.

d.

No parking stall shall be more than 60 feet from a required landscaped area.

e.

One tree per every five parking spaces is required.

f.

Each tree shall be at least 3 feet from any curb of a landscaped area or edge of the parking area.

g.

Permanent curbs or structural barriers shall protect landscaped areas.

h.

Sufficient hardy evergreen groundcover shall be planted to cover each landscaped area completely within three years. Trees shall be selected from Seattle Department of Transportation's list for parking area planting.

J.

Transportation management programs

1.

When a development is proposed that is expected to generate 50 or more employees single-occupant vehicle (SOV) trips in any one p.m. hour, the applicant shall prepare and implement a Transportation Management Program (TMP) consistent with requirements for TMPs in any applicable Director's Rule.

a.

For purposes of measuring attainment of SOV goals contained in the TMP, the proportion of SOV trips shall be calculated for the p.m. hour in which an applicant expects the largest number of vehicle trips to be made by employees at the site (the p.m. peak hour of the generator). The proportion of SOV trips shall be calculated by dividing the total number of employees using an SOV to make a trip during the expected peak hour by the total number of employee person trips during the expected peak hour.

b.

Compliance with this section does not supplant the responsibility of any employer to comply with Seattle's Commute Trip Reduction (CTR) Ordinance.

2.

An applicant who proposes multifamily development that is expected to generate 50 or more vehicle trips in any one p.m. hour or demand for 25 or more vehicles parking on the street overnight shall prepare and implement a TMP. The TMP shall be consistent with requirements for TMPs in any applicable Director's Rule. For purposes of measuring attainment of the SOV goal, the proportion of SOV trips shall be calculated for the p.m. hour in which an applicant expects the largest number of vehicle trips to be made by residents of the site (the p.m. peak hour of the generator). The proportion of SOV trips shall be calculated by dividing the total number of residential trips made by SOV during the expected peak hour by the total number of residential person trips.

3.

Each owner subject to the requirements of this section shall prepare a TMP as described in rules promulgated by the Director, as part of the requirements for obtaining a master use permit.

4.

The TMP shall be approved by the Director if, after consulting with the Seattle Department of Transportation, the Director determines that the TMP measures are likely to achieve the mode-share targets for trips made by travel modes other than driving alone for the Downtown Urban Center in 2035 that are contained in Seattle's Comprehensive Plan's Transportation Element.

K.

Electric vehicle charging infrastructure. Off-street parking spaces shall be designed according to the standards of subsection 23.54.030.L.

(Ord. 125815, § 3, 2019; Ord. 125558, § 24, 2018; Ord. 125291, § 20, 2017; Ord. 125272, § 40, 2017; Ord. 124952, § 18, 2015; Ord. 124680, § 7, 2015; Ord. 123589, § 14, 2011; Ord. 123046, § 65, 2009; Ord. 122311, § 53, 2006; Ord. 122235, § 7, 2006; Ord. 122054 § 28, 2006.)

Proposed uses in downtown zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

(Ord. 117383, § 7, 1994.)

A.

Minimum sidewalk widths are established for certain streets by Map 1C ^[7].

1.

If a new structure is proposed on lots abutting these streets, sidewalks shall be widened, if necessary, to meet the minimum standard. The sidewalk may be widened into the right-of-way if approved by the Director of Transportation.

2.

Sidewalk widths for certain streets within PMM, PSM, IDM, and IDR zones are addressed by Special Review or Historic District regulations. On a street within the International Special Review District for which a sidewalk width is designated on Map 1C, the minimum sidewalk width identified by Map 1C may be reduced if it is determined that a reduced sidewalk width would better meet the goals and objectives of the International Special Review District identified in Section 23.66.302. Final approval for the reduced sidewalk width will be made by the Director of Transportation upon recommendation by the Director of Neighborhoods.

B.

A setback or dedication may be required in order to meet the provisions of Section 23.53.030, Alley improvements in all zones.

(Ord. 123589, § 16, 2011; Ord. 118409, § 185, 1996; Ord. 115326, § 19, 1990; Ord. 112303, § 3(part), 1985.)

A.

Zones where extra residential floor area may be allowed. In South Downtown, extra residential floor area, as defined in subsection 23.58A.004.B, is permitted in DMC, DMR, IDM, and IDR zones and in PSM zones except the PSM 100 and PSM 85-120 zones according to this Section 23.49.023 and Chapter 23.58A.

B.

Means to achieve extra residential floor area.

1.

Except as provided in subsection 23.49.023.B.2, if the maximum height limit for residential use is 95 feet or lower, the applicant shall use housing bonus residential floor area, as defined in subsection 23.58A.004.B, to achieve all extra residential floor area on the lot. If the maximum height limit for residential use is greater than 95 feet, the applicant shall use housing bonus residential floor area, as defined in subsection 23.58A.004.B, to achieve 60 percent of the total extra residential floor area on the lot. To the extent permitted under the provisions of the zone, the applicant shall achieve 40 percent of extra residential floor area through one or more of the following:

a.

Bonus residential floor area for amenities pursuant to Section 23.58A.040; and/or

b.

Transfer of transferable residential development potential pursuant to Section 23.58A.042; and/or

c.

Bonus residential floor area for contributing structures pursuant to subsection 23.49.023.C.

2.

In South Downtown zones, low-income housing may achieve extra residential floor area without meeting the requirements of subsection 23.49.023.B.1.

C.

Bonus floor area for contributing structures in IDM and IDR zones. On a lot that is located within an IDM or IDR zone and that includes one or more contributing structures under Section 23.66.032, an amount of floor area up to the equivalent gross floor area within the contributing structure or structures, including floor area below grade that is rehabilitated as part of the structure, but not to exceed 40 percent of the total extra residential floor area to be gained on the lot, is allowed as bonus floor area if all the following conditions are met:

1.

No South Downtown Historic TDR or TDP has been previously transferred from the lot of the contributing structure.

2.

The structure has been determined to be contributing within no more than three years prior to using the bonus residential floor area under this subsection 23.49.023.C.

3.

As a condition to using the bonus residential floor area under this subsection 23.49.023.C, except from a City-owned sending lot, the fee owner of the lot shall execute and record an agreement running with the land, in form and content acceptable to, and accepted in writing by, the Director of Neighborhoods, providing for the rehabilitation and maintenance of the historically significant structure or structures on the lot. The Director may require evidence that each holder of a lien has effectively subordinated the lien to the terms of the agreement, and that any holders of interests in the property have agreed to its terms. To the extent that the contributing structure requires restoration or rehabilitation for the long-term preservation of the structure or its historically or architecturally significant features, the Director of Neighborhoods may require, as a condition to acceptance of the necessary agreement, that the owner of the lot apply for and obtain a certificate of approval from the Director of Neighborhoods after review by the International Special Review District Board, as applicable, for the necessary work, or post security satisfactory to the Director of Neighborhoods for the completion of the restoration or rehabilitation, or both.

D.

Transferable Development Potential (TDP)

1.

Open space TDP may be transferred from a lot in any zone in South Downtown, subject to Section 23.58A.042, but only to a lot in South Downtown that is eligible to use TDP.

2.

South Downtown Historic TDP may be transferred from a lot in any zone within the Pioneer Square Preservation District or the International Special Review District, subject to Section 23.58A.042, but only to a lot in South Downtown that is eligible to use TDP.

E.

Limits on TDP sending sites

1.

Development on any lot from which TDP is transferred is limited pursuant to Section 23.58A.042, any other provision of this Title 23 notwithstanding.

2.

Lot coverage on any lot from which open space TDP is transferred is limited pursuant to Section 23.58A.042.

F.

For new structures in PSM, IDM, DMR, and DMC zones within South Downtown that include extra residential floor area pursuant to Chapter 23.58A, the applicant shall make a commitment that the proposed development will meet the green building standard and shall demonstrate compliance with that commitment, all in accordance with Chapter 23.58D.

G.

Extra floor area for hotel use in IDM 85/85-170. In a mixed-use development that includes residential use and hotel use in an IDM 85/85-170 zone, extra floor area for hotel use above base height limits may be gained under this Section 23.49.023 on the same terms and conditions as extra residential floor area if the structure otherwise qualifies to exceed base height limits under subsection 23.49.208.E. If extra residential floor area is gained for the same development, it shall be combined with any such extra floor area in hotel use for all purposes under this Section 23.49.023 and under Chapter 23.58A.

(Ord. 126855, § 32, 2023; Ord. 125603, § 47, 2018; Ord. 125371, § 9, 2017; Ord. 125163, § 13, 2016; Ord. 124172, § 38, 2013; Ord. 123589, § 17, 2011.)

A.

Upper-level setbacks shall be required for the following view corridors, identified on Map 1D:

1.

Broad, Clay, Vine, Wall, Battery and Bell Streets west of First Avenue; and

2.

University, Seneca, Spring, Madison and Marion Streets west of Third Avenue.

B.

Upper-level setbacks for view corridors listed in subsection A1 shall be provided as follows. (See Table for Section 23.49.024 B and Exhibits 23.49.024 A and 23.49.024 B.)

C.

Upper-level setbacks for view corridors listed in subsection A2 shall be provided as follows. (See Table for Section 23.49.024 C and Exhibits 23.49.024 C and 23.49.024 D.)

(Ord. 122235, § 8, 2006; Ord. 113279 § 5, 1987; Ord. 112303 § 3(part), 1985.)

Editor's note— Map ID is codified at the end of this chapter.

A.

The venting of odors, fumes, vapors, smoke, cinders, dust, and gas shall be at least 10 feet above finished sidewalk grade, and directed away from uses within 50 feet of the vent.

1.

Major odor sources

a.

Uses that employ the following odor-emitting processes or activities are major odor sources:

1)

Lithographic, rotogravure, or flexographic printing;

2)

Film burning;

3)

Fiberglassing;

4)

Selling of gasoline and/or storage of gasoline in tanks larger than 260 gallons;

5)

Handling of heated tars and asphalts;

6)

Incinerating (commercial);

7)

Metal plating;

8)

Use of boilers (greater than 106 British thermal units per hour, 10,000 pounds steam per hour, or 30 boiler horsepower);

9)

The production or processing of cannabis products by a major cannabis activity; and

10)

Other uses creating similar odor impacts.

b.

Uses that employ the following processes are considered major odor sources, unless the entire activity is conducted as part of a commercial use other than food processing or heavy commercial services:

1)

Cooking of grains;

2)

Smoking of food or food products;

3)

Fish or fishmeal processing;

4)

Coffee or nut roasting;

5)

Deep fat frying;

6)

Dry cleaning; and

7)

Other uses creating similar odor impacts.

2.

Review of major odor sources. When an application is made for a use that is a major odor source, the Director, in consultation with the Puget Sound Clean Air Agency (PSCAA), shall determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants. The measures to be taken shall be specified on plans submitted to the Director, and may be required as conditions for the issuance of any permit. After a permit has been issued, any measures that were required by the permit shall be maintained.

B.

Noise standards

1.

All food processing for human consumption, custom and craft work involving the use of mechanical equipment, and light manufacturing activities shall be conducted wholly within an enclosed structure.

2.

The following uses or devices are considered major noise generators:

a.

Light manufacturing uses;

b.

Repair shops for auto body, boats, and/or aircraft; and

c.

Other similar uses.

3.

When a major noise generator is proposed, a report from an acoustical consultant shall be required to describe the measures to be taken by the applicant in order to meet noise standards for the area. Such measures may include, for example, the provision of buffers, reduction in hours of operation, relocation of mechanical equipment, increased setbacks, and use of specified construction techniques or building materials. Measures to be taken shall be specified on the plans. After a permit has been issued, any measures that are required by the permit to limit noise shall be maintained.

C.

Lighting and glare.

1.

Exterior lighting shall be shielded and directed away from adjacent uses.

2.

Interior lighting in parking garages shall be shielded, to minimize nighttime glare affecting nearby uses.

D.

Section 23.54.040 shall be applied to determine the provision of solid waste facilities and services.

(Ord. No. 127285, § 1, 2025; Ord. 127099, § 31, 2024; Ord. 124969, § 11, 2016; Ord. 124378, § 48, 2013; Ord. 123495, § 55, 2011; Ord. 123046, § 65, 2009; Ord. 122054 § 31, 2006.)

A.

Animals that are not being kept in connection with animal husbandry or animal service uses are regulated by Section 23.42.052.

B.

In addition to the development standards of the zone, pet daycare centers are subject to the following:

1.

Operating business establishments that have been providing pet daycare services as of July 31, 2006 may continue not withstanding nonconformities to applicable development standards, provided the provisions of this section are met.

2.

The pet daycare center must be permitted by Public Health—Seattle & King County, as required by SMC 10.72.020.

3.

Facilities for the boarding of animals may occupy no more than thirty (30) percent of the gross floor area of the pet daycare center.

4.

Required loading pursuant to 23.54.015 may be provided in a public right of way if the applicant can demonstrate to the Director, in consultation with the Seattle transportation Department, that pedestrian circulation or vehicle traffic will not be significantly impacted.

5.

Applicants must submit at the time of permit application, written operating procedures, such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). Such procedures, which are to be followed for the life of the business, must address the identification and correction of animal behavior that impacts surrounding uses, including excessive barking.

6.

Violations of this Section.

a.

The exemption in SMC 25.08.500A of the Noise Control Ordinance to uses permitted under SMC 10.72, provisions for pet kennels and similar uses, does not apply to pet daycare centers.

b.

When a notice of violation is issued for animal noise, the Director may require a report from an acoustical consultant to describe measures to be taken by the applicant to mitigate adverse noise impacts. The Director may require measures, including but not limited to: development or modification of operating procedures; cessation of the use of outdoor area(s); closure of windows and doors; reduction in hours of operation; use of sound attenuating construction or building materials such as insulation and noise baffles.

(Ord. 125272, § 41, 2017; Ord. 122273, § 3, 2006.)

Utility services uses permitted as conditional use public facilities pursuant to this Chapter 23.49 are subject to the following additional standards.

A.

Fences or free-standing walls associated with utility services uses may obstruct or allow views to the interior of a site. Where site dimensions and site conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest. Any fence or free-standing wall for a utility services use must provide either:

a)

A 5-foot-deep landscaped area between the wall or fence and the street lot line; or

b)

Architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line, as approved by the Director.

(Ord. 123547, § 6, 2011)

A.

Any lot line of property containing any proposed new or expanding adult cabaret must be 800 feet or more from any lot line of property on which any of the following uses has been established by permit or otherwise recognized as a legally established use: community center; child care center; school, elementary or secondary; or public parks and open space use.

B.

Any lot line of property containing any proposed new or expanding adult cabaret must be 600 feet or more from any lot line of property for which a permit has been issued for any other adult cabaret, and must be 600 feet or more from any lot line of property for which a permit has been issued for any adult panoram or adult motion picture theater.

C.

The analysis required by subsections 23.49.030.A and B shall be based on the facts that exist on the earlier of:

1)

the date a complete application is made for a building permit for an adult cabaret for the property proposed to contain the new or expanding adult cabaret, or

2)

the date of publication of notice of the Director's decision on the Master Use Permit application to establish or expand an adult cabaret use, if the decision can be appealed to the Hearing Examiner, or the date of the Director's decision if no Hearing Examiner appeal is available.

(Ord. 123046, § 36, 2009; Ord. 122411, § 5, 2007)

In South Downtown, a lot on which there is new construction of 20,000 square feet or more in gross floor area shall meet a minimum Green Factor score of 0.30, calculated pursuant to Section 23.86.019, except that the Green Factor requirement may be modified by the Director, as a Type I decision, in consultation with the Director of Neighborhoods if the Director determines that the requirement would adversely affect historically or architecturally significant features of a contributing structure.

(Ord. 123589, § 18, 2011.)

A.

If development is proposed on a lot that will retain existing structures containing chargeable floor area in excess of the applicable base FAR, additional chargeable floor area may be added to the lot up to the maximum permitted FAR, by qualifying for bonuses or using TDR, or both, and by the use of regional development credits if permitted on the lot, subject to the general rules for FAR and use of bonuses, TDR, and regional development credits, Sections 23.49.011 through 23.49.014. If the lot area of an existing development is decreased, resulting in an increase of the amount of chargeable floor area in excess of the applicable base FAR, the additional chargeable floor area shall be supported by qualifying for bonuses or using TDR, or both, and by the use of regional development credits if permitted on the lot, subject to the general rules for FAR and uses of bonuses, TDR and regional development credits, Sections 23.49.011 through 23.49.014. Solely for the purpose of determining the amounts and types of bonus and TDR, if any, that may be used to achieve the proposed increase in chargeable floor area over the base FAR, the legally established continuing chargeable floor area of the existing structures on the lot shall be considered as the base FAR.

B.

When mechanical equipment or parking that was exempted from floor area calculation under the provisions of Title 24 is proposed to be changed to uses that are not exempt from floor area calculations under this chapter, and the chargeable floor area on the lot exceeds the base FAR for the zone in which it is located, the gross floor area proposed to be changed shall be achieved through qualifying for bonuses or transfer of development rights, according to the provisions of Sections 23.49.011 through 23.49.014 as applicable to the zone in which the structure is located.

C.

When subsection 23.49.032.A or 23.49.032.B applies, any existing public benefit features for which increased floor area was granted under Title 24 shall, to the extent possible in the opinion of the Director, satisfy the requirements of Section 23.49.034.

(Ord. 125603, § 48, 2018; Ord. 122054, § 33, 2006; Ord. 120443, § 16, 2001; Ord. 112303, § 3(part), 1985.)

A.

The modification of plazas, shopping plazas, arcades, shopping arcades, and voluntary building setbacks that resulted in any increase in gross floor area under Title 24 of the Seattle Municipal Code, shall be encouraged in any Downtown zone if the change makes the plaza, arcade or setback more closely conform to the criteria for amenities or street level use and development standards in this chapter. The Director shall review proposed modifications to determine whether they provide greater public benefits and are consistent with the intent of the Downtown Amenity Standards, as specified in this section. The procedure for approval of proposed modifications shall be as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, except as provided in subsection G of this section.

B.

Except as provided in subsections E2 and E3, no modification to a plaza or other feature listed in subsection A may be made under this section if it will increase the total floor area ratio (FAR) of the structure. Except as permitted in subsections E2 and E3, no reduction in the area of the bonused feature may be made for addition or expansion of any uses, except for the following uses, to the extent permitted:

1.

general sales and services,

2.

major durables retail sales,

3.

eating and drinking establishments,

4.

lodging,

5.

entertainment,

6.

automotive sales and services,

7.

marine sales and services,

8.

animal shelters and kennels,

9.

medical services,

10.

human service uses, or

11.

child care centers,

unless the loss of area is offset by the conversion of existing floor area in the structure to uses exempt from chargeable floor area under Section 23.49.011.

C.

Plazas and Shopping Plazas. Modifications to plazas and shopping plazas for which increased gross floor area was granted under Title 24 shall be permitted, based on the classification of the plaza on Map 1E ^[8].

1.

Type I Plazas. Type I plazas shall continue to function as major downtown open spaces. Modification of these plazas and/or reductions in plaza size shall be permitted if the Director finds that the modified or remaining plaza is consistent with the intent of the Downtown Amenity Standards for urban plazas and parcel parks.

2.

Type II Plazas. Type II plazas do not function as major downtown open spaces, but they shall continue to provide open space for the public. Modification of these plazas and/or reductions in plaza size shall be permitted if the Director finds that the modified or remaining plaza is consistent with the intent of the Downtown Amenity Standards for urban plazas, parcel parks, and hillside terraces.

D.

Shopping Arcades.

1.

Exterior Shopping Arcades. When street level uses are eligible for a floor area bonus in a zone in which an existing exterior shopping arcade is located, the existing shopping arcade or a portion of the existing shopping arcade may be converted to retail sales and service uses if the conversion will result in greater conformity with the street facade development standards of the zone, and if the minimum sidewalk widths established by Section 23.49.022 are met. No bonuses shall be given for any retail space created by conversion of a shopping arcade. New retail sales and service uses shall comply with the Downtown Amenity Standards for retail shopping bonuses.

2.

Interior Shopping Arcades. Portions of existing interior shopping arcades may be modified and/or reduced in size, so long as any pathway which connects streets or other public open spaces is maintained at a width of at least fifteen (15) feet and it continues to allow comfortable and convenient pedestrian movement. The visual interest and the sense of space and light in the shopping arcade shall be also maintained and enhanced if possible. The Downtown Amenity Standards for shopping atriums and shopping corridors shall be used as a guideline in the review of proposed changes.

E.

Arcades. The Director shall use the following standards to determine whether an arcade may be filled in, and to determine the uses that may be permitted in a former arcade.

1.

Arcades that provide essential pedestrian connections, such as a connection to a bonused public open space or access to public parks, shall not be filled in.

2.

Arcades that do not provide essential pedestrian connections may be filled in. In downtown areas where bonuses may be granted for shopping atriums and shopping corridors, an arcade may be filled in only with uses which qualify for a retail shopping bonus. In other areas, when the total floor area of the structure does not exceed the maximum permitted FAR, the arcade may be filled in with uses which qualify as required street-level uses except that arcades along alleys may be filled in with any permitted use. If the structure exceeds the maximum permitted FAR, arcades may only be filled in with uses which qualify for a retail shopping bonus.

3.

If an arcade is filled in with a use which does not qualify for a retail shopping bonus pursuant to subsection E2, new public benefit features shall be required for any additional floor area.

4.

Overhead weather protection shall be provided when an arcade on a street or public open space is filled in. No additional floor area shall be granted for the required overhead weather protection.

F.

Voluntary Building Setbacks. Voluntary building setbacks may be filled in to provide retail sales and service uses, provided that the conversion maintains the minimum required sidewalk width established in Section 23.49.022, and will result in greater conformity with the standards for required street-level uses, if any, and street facade development standards for the zone.

G.

Optional Public Access and Signage Standards. The owner of any lot with a plaza, arcade, shopping plaza, or exterior shopping arcade for which a bonus was granted under Title 24, and which feature has not become subject to standards for amenity features under Title 23, may elect to have the signage requirements and the terms of public access and use for that feature governed by the Downtown Amenity Standards as they apply to urban plazas, as modified by this subsection G. If the owner so elects, then the hours during which such feature must be open to the public without charge shall be as designated by the owner on signs identifying the feature, but in any event shall include the period from 7:00 AM to 11:00 PM every day, plus any other hours during which the principal structure on the lot is open. In order to make an election under this subsection G, the owner shall sign and record in the real property records a declaration in form approved by the Director. The owner then shall install and maintain signs identifying the feature as open to the public, consistent with the Downtown Amenity Standards. Such election, once made, may not be revoked or modified. The public access and signage requirements pursuant to this subsection shall be deemed conditions of any permit under which a bonus was allowed for the feature. The purpose of this subsection is to encourage public awareness and use of features bonused under Title 24, while providing for greater certainty and consistency in the rules applicable to such features. Until an election shall be made as to any such feature in compliance with this subsection G, nothing in this subsection G shall limit any obligation to allow public access or use of any such feature under the terms of any permit or Code provision.

(Ord. 122311, § 54, 2006; Ord. 122054 § 34, 2006; Ord. 112522 § 12(part), 1985; Ord. 112303 § 3(part), 1985.)

A.

All public benefit features, except (1) housing and (2) landmark performing arts theaters, shall remain for the life of the structure that includes the additional gross floor area except as otherwise specifically permitted pursuant to this section.

B.

Unless the specified period for which a feature is to be maintained has expired in accordance with the terms of this chapter, or another provision of this chapter specifically otherwise provides, a public benefit feature may be diminished or discontinued only if:

1.

the feature is not housing or child care; and

2.

a.

the additional gross floor area permitted in return for the specific feature is removed or converted to a use that is not counted as chargeable floor area; or

b.

an amount of chargeable floor area equal to that obtained by the public benefit feature to be replaced is provided pursuant to provisions for granting floor area above the base FAR in this chapter.

C.

The terms under which use as a Landmark performing arts theater may be discontinued or diminished, and the sanctions for failure to continue such use, shall be governed by the agreements and instruments executed by the City and owners of the properties on which such theaters are located. Any such change in use shall not affect any other structure for which additional FAR was granted in return for the provision of such public benefit features.

D.

In addition to the provisions of subsections A and B, this subsection applies in Downtown zones when additional gross floor area or a floor area exemption is granted for any of the following public benefit features: Human service uses, child care centers, retail shopping, cinemas, performing arts theaters other than landmark performing arts theaters, major retail stores, and museums.

1.

In the event that the occupant or operator of one (1) of the public benefit features listed in this subsection moves out of a structure, or notifies the owner of intent to move, the owner or owner's agent shall notify the Director within five (5) days of the date that notice of intent to move is given or that the occupant or operator moves out, whichever is earlier.

2.

Starting from the fifth day after notice is given or that the occupant or operator moves out, whichever is first, the owner or owner's agent shall have a maximum of six (6) months to replace the use with another use that meets the provisions of Section 23.49.011 and the Downtown Amenity Standards.

3.

When the public benefit feature is replaced, any portion of the gross floor area formerly occupied by that feature and not reoccupied by a replacement feature, may be either:

a.

Changed to other uses that are exempt from FAR calculations in the zone in which the structure is located; or

b.

Changed to uses that are not exempt from FAR calculations, provided that this would not cause the structure to exceed the maximum FAR limit for the zone in which it is located, and that gross floor area in an amount equivalent to the gross floor area proposed to be changed shall be achieved through provision of public benefit features, or transfer of development rights, according to the provisions of SMC Section 23.49.011.

4.

As a condition to allowing the substitution of a feature, rather than an application to establish floor area de novo under the terms of this chapter, during the time that the space formerly constituting the amenity feature is vacant, it shall be made available to nonprofit community and charitable organizations for events at no charge.

E.

Modifications of amenity features that do not result in the diminishment or discontinuation of the feature may be permitted by the Director as a Type I decision, provided that the Director finds that the feature as modified meets the eligibility conditions in the Downtown Amenity Standards.

F.

A qualifying small structure for which a bonus is allowed pursuant to Section 23.49.011 shall be considered discontinued if it is removed or altered so that it is no longer a qualifying small structure within the meaning of that Section.

G.

A qualifying Landmark for which a bonus is allowed pursuant to Section 23.49.011 shall be considered discontinued if it is demolished or removed, or it is altered so that it is no longer a qualifying Landmark within the meaning in that Section; or if any feature or characteristic that is controlled or designated by ordinance is removed or altered contrary to any provision of Chapter 25.12; or if the owner fails to maintain in good condition and repair any feature or characteristic of the structure that is designated or subject to controls under any ordinance; or if there is any revision or revocation of controls pursuant to Section 25.12.860 or successor provision.

(Ord. 122524, § 3, 2007; Ord. 122054 § 35, 2006; Ord. 119484 § 8, 1999; Ord. 117263, § 33, 1994; Ord. 116513, § 2, 1993; Ord. 112303 § 3(part), 1985.)

A.

Planned community developments (PCDs) may be permitted by the Director as a Type II Land Use Decision pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

B.

Public benefit priorities. The Director shall determine public benefit priorities for the PCD. These priorities shall be prepared prior to application for a Master Use Permit. They shall include priorities for public benefits listed in subsection 23.49.036.F and priorities for implementing the goals of the Comprehensive Plan, including adopted neighborhood plans for the area affected by the PCD, and a determination of whether the proposed PCD may use public right-of-way area to meet the minimum site size set forth in subsection 23.49.036.E. Before the priorities are prepared, the Director shall cause a public meeting to be held to identify concerns about the site and to receive public input into priorities for public benefits identified in adopted neighborhood plans and subsection 23.49.036.F. Notice for the meeting shall be provided pursuant to Section 23.76.011. The Director shall prepare priorities for the PCD taking into account comments made at the public meeting or in writing to the Director, and the criteria in this Section 23.49.036. The Director shall distribute a copy of the priorities to all those who provided addresses for this purpose at the public meeting, to those who sent in comments or otherwise requested notification, and to the project proponent.

C.

A PCD shall not be permitted if the Director determines it would be likely to result in a net loss of housing units or if it would result in significant alteration to any designated feature of a landmark structure, unless a Certificate of Approval for the alteration is granted by the Landmarks Preservation Board.

D.

Location

1.

PCDs may be permitted in all downtown zones except the PMM zone and the DH1 zone.

2.

A portion of a PCD may extend into any non-downtown zone(s) within the Downtown Urban Center and adjacent to a downtown zone subject to the following conditions:

a.

The provisions of this title applicable in the non-downtown zone(s) regulate the density of non-residential use by floor area ratio; and

b.

The portion of a PCD project located in non-downtown zone(s) must not exceed 20 percent of the total area of the PCD.

E.

Minimum size. A PCD shall include a minimum site size of 100,000 square feet within one or more of the Downtown zones where PCDs are permitted according to subsection 23.49.036.D.1. The total area of a PCD shall be contiguous. Public right-of-way shall not be considered a break in contiguity. At the Director's discretion, public right-of-way area may be included in the minimum area calculations if actions related to the PCD will result in significant enhancements to the streetscape of the public right-of-way, improved transit access and expanded transit facilities in the area, and/or significant improvement to local circulation, especially for transit and pedestrians.

F.

Evaluation of PCDs. A proposed PCD shall be evaluated on the basis of public benefits provided, possible impacts of the project, and consistency with the standards contained in this subsection 23.49.036.F.

1.

Public benefits. A proposed PCD shall address the priorities for public benefits identified through the process outlined in subsection 23.49.036.B. The PCD shall include at least three of the following elements:

a.

low-income housing,

b.

townhouse development,

c.

historic preservation,

d.

public open space,

e.

implementation of adopted neighborhood plans,

f.

improvements in pedestrian circulation,

g.

improvements in urban form,

h.

improvements in transit facilities,

i.

green stormwater infrastructure beyond the requirements of the Stormwater Code (Chapters 22.800 through 22.808), or

j.

other elements that further an adopted City policy and provide a demonstrable public benefit.

2.

Potential impacts. The Director shall evaluate the potential impacts of a proposed PCD including, but not necessarily limited to, the impacts on housing, particularly low-income housing, transportation systems, parking, energy, and public services, as well as environmental factors such as noise, air, light, glare, public views, and water quality.

3.

The Director may place conditions on the proposed PCD in order to make it compatible with areas adjacent to Downtown that could be affected by the PCD.

4.

When the proposed PCD is located in the Pioneer Square Preservation District or International District Special Review District, the Board of the District(s) in which the PCD is located shall review the proposal and make a recommendation to the Department of Neighborhoods Director who shall make a recommendation to the Director prior to the Director's decision on the PCD.

G.

Bonus Development in PCDs. All increases in floor area above the base FAR shall be consistent with provisions in Section 23.49.011, Floor area ratio, and the PCD process shall not result in any increase in the amount of chargeable floor area allowed without use of bonuses or TDR, considering all of the lots within the PCD boundaries as a single lot.

H.

Exceptions to Standards.

1.

Portions of a project may exceed the floor area ratio permitted in the zone or zones in which the PCD is located, but the maximum chargeable floor area allowed for the PCD as a whole shall meet the requirements of the zone or zones in which it is located.

2.

Except as provided in subsection H3 of this section, any requirements of this chapter may be varied through the PCD process in order to provide public benefits identified in subsection F.

3.

Exceptions to the following provisions are not permitted through the PCD process:

a.

The following provisions of Subchapter I, General Standards:

(1)

Applicable height limits,

(2)

Light and glare standards,

(3)

Noise standards,

(4)

Odor standards,

(5)

Minimum sidewalk widths,

(6)

View corridor requirements,

(7)

Nonconforming uses,

(8)

Nonconforming structures, when the nonconformity is to one (1) of the standards listed in this subsection;

b.

Use provisions except for provisions for principal and accessory parking;

c.

Transfer of development rights regulations;

d.

Bonus ratios and amounts assigned to public benefit features;

e.

Development standards of adjacent zones outside the Downtown Urban Center in which a PCD may be partially located according to subsection D2 of this section.

f.

Provisions for allowing increases in floor area above the base FAR and for allowing residential floor area above the base height limit.

(Ord. 126188, § 8, 2020; Ord. 126072, § 8, 2020; Ord. 124952, § 19, 2015; Ord. 122054, § 36, 2006; Ord. 120691, § 13, 2001; Ord. 119484, § 9, 1999; Ord. 117570, § 15, 1995; Ord. 116744, § 9, 1993; Ord. 114725, § 2, 1989; Ord. 113373, § 1, 1987; Ord. 113279, § 6, 1987; Ord. 112522, §§ 12, 21, 1985; Ord. 112519, § 7, 1985; Ord. 112303, § 3, 1985.)

In lieu of meeting development standards in subsections 23.49.008.A (height) and 23.49.011.A.1 (floor area), a proposed development that meets the requirements of Section 23.42.055 may elect to meet the alternative development standards in this Section 23.49.037.

A.

Maximum height. The applicable maximum height limit for residential uses in development permitted pursuant to Section 23.42.055 in Downtown zones is increased by the following amounts:

1.

For zones with a mapped maximum height limit of 85 feet or less, 20 feet.

2.

For zones with a mapped maximum height limit greater than 85 feet, 40 feet.

B.

Floor area. The applicable maximum FAR limit for residential uses in development permitted pursuant to Section 23.42.055 in Downtown zones is increased by the following amounts:

1.

For zones with a mapped maximum height limit of 85 feet or less, 1.5 FAR.

2.

For zones with a mapped maximum height limit greater than 85 feet, 3.0 FAR.

(Ord. 126855, § 33, 2023; Ord. 126384, § 9, 2021)

When a lot is located in more than one (1) zone, the regulations for each zone shall apply to the portion of the lot located in that zone.

(Ord. 112303 § 3(part), 1985.)

In a DMC 240/290-440 or DMC 340/290-440 zone, the height above which the tower floor area limits and tower width limits according to subsection 23.49.058.E and the tower spacing limits according to subsection 23.49.058.F would apply shall be increased from 160 feet to 170 feet if:

A.

The upper-level width, tower spacing, and upper-level setback standards according to Section 23.49.058 would prevent a development from being able to achieve an average tower floor plate of at least 7,500 square feet for floors above 85 feet in height; and

B.

The height of the development does not exceed 170 feet, excluding exempt rooftop features.

(Ord. 125291, § 21, 2017.)

Any authorized conditional use which has been discontinued shall not be re-established or recommenced except pursuant to a new conditional use permit. The following shall constitute conclusive evidence that the conditional use has been discontinued:

A.

A permit to change the use of the property has been issued and the new use has been established; or

B.

The property has not been devoted to the authorized conditional use for more than twenty-four (24) consecutive months.

Property which is vacant, except for dead storage of materials or equipment of the conditional use, shall not be considered as being devoted to the authorized conditional use. The expiration of licenses necessary for the conditional use shall be evidence that the property is not being devoted to the conditional use. A conditional use in a multi-family structure or a multi-tenant commercial structure shall not be considered as discontinued unless all units are either vacant or devoted to another use.

(Ord. 113262 § 5, 1986.)

When authorized by the Director pursuant to this Section 23.49.041, lots located on the same block in DOC1, DOC2, or DMC 340/290-440 zones, or lots zoned DOC1 and DMC on the same block, may be combined, whether contiguous or not, solely for the purpose of allowing some or all of the capacity for chargeable floor area on one such lot under this Chapter 23.49 to be used on one or more other lots, according to the following provisions:

A.

Up to all of the capacity on one lot, referred to in this Section 23.49.041 as the "sending lot," for chargeable floor area in addition to the base FAR, pursuant to Section 23.49.011 (referred to in this Section 23.49.041 as "bonus capacity"), may be used on one or more other lots, subject to compliance with all conditions to use of such bonus capacity, pursuant to Sections 23.49.011 through 23.49.014, as modified in this Section 23.49.041. For purposes of applying any conditions related to amenities or features provided on site under Section 23.49.013, only the lot or lots on which such bonus capacity shall be used are considered to be the lot or site using a bonus. Criteria for use of bonus that apply to the structure or structures shall be applied only to the structure(s) on the lots using the transferred bonus capacity.

B.

Only if all of the bonus capacity on one lot shall be used on other lots pursuant to this Section 23.49.041, there may also be transferred from the sending lot, to one or more such other lots, up to all of the unused base FAR on the sending lot, without regard to limits on the transfer or on use of TDR in Section 23.49.014. Such transfer shall be treated as a transfer of TDR for purposes of determining remaining development capacity on the sending lot and TDR available to transfer under Section 23.49.014, but shall be treated as additional base FAR on the other lots, and to the extent so treated shall not qualify such lots for bonus development. If less than all of the bonus capacity of the sending lot shall be used on such other lots, then unused base FAR on the sending lot still may be transferred to the extent permitted for within-block TDR under Section 23.49.014, and if the sending lot qualifies for transfer of TDR under any other category of sending lot in Table A for 23.49.014, such unused base FAR may be transferred to the extent permitted for such category, but in each case only to satisfy in part the conditions to use of bonus capacity, not as additional base FAR.

C.

To the extent permitted by the Director, the maximum chargeable floor area for any one or more lots in the combined lot development may be increased up to the combined maximum chargeable floor area under Section 23.49.011 computed for all lots participating in the combined lot development. To the extent permitted by the Director, and subject to subsection 23.49.041.B, the base floor area for any one or more lots in the combined lot development may be increased up to the combined maximum base chargeable floor area under Section 23.49.011 computed for all lots participating in the combined lot development.

D.

The Director shall allow combined lot development only to the extent that the Director determines in a Type II land use decision that permitting more chargeable floor area than would otherwise be allowed on a lot shall result in a significant public benefit. In addition to features for which floor area bonuses are granted, the Director may also consider the public benefits listed in subsections 23.49.041.D.1 through 23.49.041.D.8 that could satisfy this condition when provided for as a result of the lot combination. When issuing a decision on a Type II decision for combined lot development the Director shall include a written report with a detailed description of the public benefit(s) received, how the public benefit(s) serves the general public and that the public benefit(s) are not also used to meet required land use code requirements or other requirements in the Seattle Municipal Code for development.

1.

Preservation of a Landmark structure located on the block or adjacent blocks;

2.

Uses serving the downtown residential community, such as a grocery store, at appropriate locations;

3.

Public facilities serving the Downtown population, including schools, parks, community centers, human service facilities, and clinics;

4.

Transportation facilities promoting pedestrian circulation and transit use, including through-block pedestrian connections, transit stations, and bus layover facilities;

5.

Dwelling units exceeding the requirements under Chapters 23.58B and 23.58C;

6.

Public view protection within an area;

7.

Arts and cultural facilities, including a museum or museum expansion space; or

8.

Green stormwater infrastructure beyond the requirements of Chapters 22.800 through 22.808.

E.

The fee owners of each of the combined lots shall execute an appropriate agreement or instrument, which shall include the legal descriptions of each lot and shall be recorded with the King County Recorder's Office. In the agreement or instrument, the owners shall acknowledge the extent to which development capacity on each sending lot is reduced by the use of such capacity on another lot or lots, at least for so long as the chargeable floor area for which such capacity is used remains on such other lot or lots. The deed or instrument shall also provide that its covenants and conditions shall run with the land and shall be specifically enforceable by the parties and by the City of Seattle.

F.

Nothing in this Section 23.49.041 shall allow the development on any lot in a combined lot development to exceed or deviate from height limits or other development standards.

(Ord. 126855, § 34, 2023; Ord. 125291, § 22, 2017; Ord. 124952, § 20, 2015; Ord. 124843, § 41, 2015; Ord. 123046, § 65, 2009; Ord. 122054 § 40, 2006.)

The provisions of this Section 23.49.042 apply in DOC1, DOC2, and DMC zones.

A.

All uses are permitted outright except those specifically prohibited by Section 23.49.044 and those permitted only as conditional uses by Section 23.49.046. Parking is allowed pursuant to Section 23.49.019 and Section 23.49.045, and major cannabis activity is allowed pursuant to Section 23.42.058.

B.

All uses not prohibited shall be permitted as either principal or accessory uses.

C.

Except as provided in subsection 23.49.046.D.2, uses in public facilities that are most similar to uses permitted outright under this Chapter 23.49 shall also be permitted outright subject to the same use regulations and development standards that govern the similar uses.

D.

Permitted essential public facilities, except for light rail transit facilities, shall also be reviewed according to the provisions of Chapter 23.80. Light rail transit facilities are exempt from the development standards in this Subchapter II and shall be reviewed according to the provisions of Chapter 23.80.

(Ord. 127228, § 10, 2025; Ord. 127099, § 32, 2024; Ord. 125558, § 25, 2018; Ord. 124969, § 12, 2016; Ord. 122054, § 41, 2006; Ord. 118672, § 9, 1997; Ord. 117430, § 61, 1994; Ord. 112303, § 3(part), 1985.)

The following uses are prohibited as both principal and accessory uses in DOC1, DOC2, and DMC zones, or where a single zone classification is specified, in zones with that classification only:

A.

Drive-in businesses, except gas stations located in parking garages;

B.

Outdoor storage;

C.

All general and heavy manufacturing uses;

D.

Solid waste management;

E.

Recycling, except in DMC zones in South Downtown;

F.

All high-impact uses;

G.

In DMC zones, adult motion picture theaters and adult panorams; and

H.

Flexible-use parking garages for long-term parking.

(Ord. 125558, § 26, 2018; Ord. 123589, § 19, 2011; Ord. 122311, § 55, 2006; Ord. 122054 § 42, 2006; Ord. 112777 § 26, 1986: Ord. 112303 § 3(part), 1985.)

The provisions of this Section 23.49.045 apply in DOC1, DOC2, and DMC zones. DMC zoned areas within the International Special Review District are also subject to Chapter 23.66. If there is any conflict between this Section 23.49.045 and Chapter 23.66, Chapter 23.66 applies.

A.

Flexible-use parking

1.

Flexible-use parking garages for short-term parking may be permitted as conditional uses, pursuant to Section 23.49.046.

2.

In DOC1 zones, flexible-use long-term and short-term surface parking areas are prohibited. In DOC2 and DMC zones, flexible-use long-term and short-term surface parking areas may be permitted as administrative conditional uses in areas shown on Map 1I ^[9], pursuant to Section 23.49.046.

B.

Accessory Parking.

1.

Accessory parking garages for both long-term and short-term parking are permitted outright, up to the maximum parking limit established by Section 23.49.019.

2.

Accessory surface parking areas are:

a.

Permitted outright in areas shown on Map 1I if they contain a total of 20 or fewer parking spaces on the lot;

b.

Permitted outside South Downtown as administrative conditional uses pursuant to Section 23.49.046 if located in areas shown on Map 1I on a lot containing more than 20 parking spaces;

c.

Prohibited in areas not shown on Map 1I; and

d.

Notwithstanding the maximum parking limit in Section 23.49.019, permitted outright for replacement of a short-term surface parking area with more than 20 parking spaces in existence on December 31, 2009, if the original location and new location are both located in a DMC zone in South Downtown, and if the existing and replacement parking are accessory to the same principal use.

3.

Temporary flexible-use and accessory surface parking areas may be permitted as conditional uses pursuant to Section 23.49.046.

(Ord. 125558, § 27, 2018; Ord. 123589, § 20, 2011; Ord. 122054 § 43, 2006; Ord. 120443, § 21, 2001; Ord. 112303 § 3(part), 1985.)

A.

All conditional uses shall meet the following criteria:

1.

The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2.

In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use if it is determined that the negative impacts cannot be mitigated satisfactorily.

B.

Flexible-use parking garages for short-term parking may be permitted as administrative conditional uses, if the Director finds that:

1.

Traffic from the garage will not have substantial adverse effects on peak hour traffic flow to and from Interstate 5 or on traffic circulation in the area around the garage; and

2.

The vehicular entrances to the garage are located so that they will not disrupt traffic or transit routes; and

3.

The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation; and

4.

In the DMC 160 zone, the following standards are met:

a.

The total gross floor area of all parking uses on the lot is less than the total gross floor area of all non-parking uses on the lot, and

b.

Any short-term flexible-use parking is provided for the life of the structure and a covenant to that effect is recorded against the title with the King County Recorder.

C.

Temporary surface parking areas that were in existence prior to January 1, 1985 or are located on lots vacant on or before January 1, 1985, or on lots that become vacant as a result of a City-initiated abatement action, and surface parking areas meeting the requirements of Section 23.49.045, may be permitted as administrative conditional uses according to the following standards:

1.

The standards stated for garages in subsection B of this section are met; and

2.

The lot is screened and landscaped according to the provisions of Section 23.49.019 Parking quantity, access and screening/landscaping requirements; and

3.

Permits for temporary surface parking areas may be issued for a maximum of two (2) years. Renewal of a permit for a temporary surface parking area is subject to the following:

a.

Renewals are permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985, or are located on lots vacant on or before January 1, 1985. A permit for temporary surface parking on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed, and

b.

Renewal shall be for a maximum of two (2) years and shall be granted only if, through an administrative conditional use process, the Director finds that the temporary surface parking area continues to meet applicable criteria; and

c.

The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area, such as curbcuts, paving, and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires; and

d.

Signs at each entrance to the parking area stating the ending date of the permit shall be required.

D.

Public Facilities.

1.

Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses.

2.

The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3.

Other Permitted Uses in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. The City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4.

Expansion of Uses in Public Facilities.

a.

Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b.

Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

E.

Rooftop features listed in subsection 23.49.008.D.1.d more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76 according to the criteria of Section 23.49.008.

F.

Helistops and heliports may be permitted as Council conditional uses according to the following criteria:

1.

The helistop or heliport is for the takeoff and landing of helicopters that serve a public safety, news gathering or emergency medical care function and, in the case of heliports, services provided for those helicopters; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan approved by the City Council and is not within two thousand (2,000) feet of a residential zone.

2.

The helistop or heliport is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and particularly on residentially zoned lots, public parks, and other areas where substantial public gatherings may be held, such as Safeco Field and Qwest Field, the Pike Place Market, and the Westlake Mall.

3.

The lot is of sufficient size that the operations of the helistop or heliport and the flight paths of the helicopters can be buffered from other uses in the surrounding area.

4.

Open areas and landing pads shall be hard-surfaced.

5.

The helistop or heliport meets all federal requirements including those for safety, glide angles, and approach lanes.

G.

Work-release centers may be permitted as Council conditional uses, except where prohibited in the International Special Review District, based on the following criteria:

1.

Maximum Number of Residents. No work-release center shall house more than 50 persons, excluding resident staff.

2.

Dispersion Criteria.

a.

The lot line of any new or expanding work-release center shall be located 600 feet or more from any residential zone, any lot line of any special residence, and any lot line of any school.

b.

The lot line of any new or expanding work-release center shall be located 1 mile or more from any lot line of any other work-release center.

c.

The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application.

3.

The Council's decision shall be based on the following criteria:

a.

The extent to which the applicant can demonstrate the need for the new or expanded facility in the City, including a statement describing the public interest in establishing or expanding the facility;

b.

The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following:

1)

Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and

2)

Staff numbers, level of responsibilities, and scheduling, and

3)

Compliance with the security standards of the American Corrections Association;

c.

The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained;

d.

The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility;

e.

The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas;

f.

The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking;

g.

The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation;

h.

Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities, and that the facility will meet State laws and requirements.

H.

Jails may be permitted as Council conditional uses, except where prohibited within the International Special Review District. The Council's decision shall be based on the following criteria:

1.

The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

2.

The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;

3.

The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.

(Ord. 126600, § 10, 2022; Ord. 125558, § 28, 2018; Ord. 124680, § 8, 2015; Ord. 123589, § 21, 2011; Ord. 123046, § 37, 2009; Ord. 122054 § 44, 2006; Ord. 120443, § 22, 2001; Ord. 119484 § 10, 1999; Ord. 118672 § 10, 1997; Ord. 116907, § 2, 1993; Ord. 116744 § 10, 1993; Ord. 116616, § 2, 1993; Ord. 116295, § 14, 1992; Ord. 114623 § 5, 1989; Ord. 114202 § 2, 1988; Ord. 113279 § 7, 1987; Ord. 112522 § 21(part), 1985; Ord. 112303 § 3(part), 1985.)

Standards are established in this Section 23.49.056 for DOC1, DOC2, and DMC zones, for the following elements:

Minimum facade heights,

Setback limits,

Facade transparency,

Blank facade limits,

Street trees, and

Setback and landscaping requirements in the Denny Triangle.

These standards apply to each lot line that abuts a street designated on Map 1F or another map identified in a note to Map 1F as having a pedestrian classification, except lot lines of open space TDR sites, and apply along other lot lines and to circumstances as expressly stated in this Section 23.49.056. The standards for each street frontage shall vary according to the pedestrian classification of the street on Map 1F or another map identified in a note to Map 1F and to the property line facades as required by Map 1H. Standards for street landscaping and setback requirements in subsection 23.49.056.F also apply along lot lines abutting streets in the Denny Triangle, as shown on Map A for 23.49.056.

Map A for 23.49.056: Denny Triangle

A.

Minimum facade height

1.

Minimum facade height(s) are prescribed in Table A for 23.49.056 and Exhibit A for 23.49.056, but minimum facade heights do not apply if all portions of the structure are lower than the elevation of the required minimum facade height.

2.

On designated view corridors specified in Section 23.49.024, the minimum facade height is the maximum height permitted in the required setback, if it is less than the minimum facade height required in subsection 23.49.056.A.1.

Exhibit A for 23.49.056 
Minimum Facade Height

B.

Facade setback limits

1.

Setback limits for property line facades. The following setback limits apply to all streets designated on Map 1H as requiring property line facades, except as specified in subsection 23.49.056.B.1.d.

a.

The facades of structures 15 feet or less in height shall be located within 2 feet of the street lot line.

b.

Structures greater than 15 feet in height are governed by the following criteria:

1)

No setback limits apply up to an elevation of 15 feet above sidewalk grade.

2)

Between the elevations of 15 and 35 feet above sidewalk grade, the facade shall be located within 2 feet of the street lot line, except that:

a)

Any exterior public open space that satisfies the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, is not considered part of the setback.

b)

Setbacks between the elevations of 15 and 35 feet above sidewalk grade at the street lot line are permitted according to the following standards, as depicted in Exhibit B for 23.49.056:

i.

The maximum setback is 10 feet.

ii.

The total area of a facade that is set back more than 2 feet from the street lot line shall not exceed 40 percent of the total facade area between the elevations of 15 and 35 feet.

iii.

No setback deeper than 2 feet shall be wider than 20 feet, measured parallel to the street lot line.

iv.

The facade of the structure shall return to within 2 feet of the street lot line between each setback area for a minimum of 10 feet. Balcony railings and other nonstructural features or walls are not considered the facade of the structure.

Exhibit B for 23.49.056
Exception to Maximum Setback Limits

c.

If sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street lot line.

d.

In the DMC 170 zone, on lots that abut Alaskan Way, as an alternative to the standards for required property line facades in subsections 23.49.056.B.1.a, 23.49.056.B.1.b, and 23.49.056.B.1.c, a continuous setback of up to 16 feet from the lot line abutting Alaskan Way is allowed for the street-facing facade. If the alternative setback allowed by this subsection 23.49.056.B.1.d is provided, the setback area shall be used for outdoor uses related to abutting street-level uses, for landscaped open space, for a partially above-grade story that meets the conditions of subsection 23.49.011.B.1.u, or to widen the abutting sidewalk for pedestrian use.

2.

General setback limits. The following setback limits apply on streets not requiring property line facades, as shown on Map 1H:

a.

The portion of a structure subject to setback limits shall vary according to the structure height and required minimum facade height, as follows:

1)

Except as provided in subsection 23.49.056.B.2.a.3, if the structure is greater than 15 feet in height, the setback limits apply to the facade between an elevation of 15 feet above sidewalk grade and the minimum facade height established in subsection 23.49.056.A and illustrated in Exhibit C for 23.49.056.

2)

If the entire structure is 15 feet or less in height, the setback limits apply to the entire street-facing facade.

3)

If the minimum facade height is 15 feet, the setback limits apply to the portion of the street-facing facade that is 15 feet or less in height.

Exhibit C for 23.49.056
Application of Maximum Setback Limits

b.

The maximum area of all setbacks between the street lot line and facade along each street frontage of a lot shall not exceed the area derived by multiplying the averaging factor by the width of the street frontage of the structure along that street (see Exhibit D for 23.49.056). The averaging factor is five on Class I pedestrian streets and ten on Class II pedestrian streets and designated green streets.

c.

The maximum width, measured along the street lot line, of any setback area exceeding a depth of 15 feet from the street lot line shall not exceed 80 feet, or 30 percent of the lot frontage on that street, whichever is less. (See Exhibit D for 23.49.056.)

Exhibit D for 23.49.056
Maximum Width of Setback

d.

The maximum setback of the facade from the street lot lines at intersections is 10 feet. The minimum distance the facade must conform to this limit is 20 feet along each street. (See Exhibit E for 23.49.056.)

Exhibit E for 23.49.056
Maximum Setback at Intersections

e.

Any exterior public open space that meets the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, is not considered part of a setback. (See Exhibit C for 23.49.056.)

f.

If a sidewalk is widened into the lot as a condition to development, setback standards shall be measured to the line established by the new sidewalk width rather than the street lot line.

C.

Facade transparency requirements

1.

Facade transparency requirements apply to the area of the facade between 2 feet and 8 feet above the sidewalk, except that if the slope along the street frontage of the facade exceeds 7.5 percent, the transparency requirements apply to the area of the facade between 4 feet and 8 feet above sidewalk grade. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2.

Facade transparency requirements do not apply to portions of structures in residential use.

3.

If the transparency requirements of this subsection 23.49.056.C are inconsistent with the glazing limits in the Energy Code, this subsection 23.49.056.C applies to the extent permitted by applicable law.

4.

Transparency requirements are as follows:

a.

Class I pedestrian streets and designated green streets: A minimum of 60 percent of the street level street-facing facade shall be transparent.

b.

Class II pedestrian streets: A minimum of 30 percent of the street level street-facing facade shall be transparent.

c.

Where the slope along the street frontage of the facade exceeds 7.5 percent, the required amount of transparency shall be reduced to 50 percent on Class I pedestrian streets and designated green streets and 25 percent on Class II pedestrian streets.

D.

Blank facade limits

1.

General provisions

a.

Blank facade limits apply to the area of the facade between 2 feet and 8 feet above the sidewalk, except that where the slope along the street frontage of the facade exceeds 7.5 percent, blank facade limits apply to the area of the facade between 4 feet and 8 feet above sidewalk grade.

b.

Any portion of a facade that is not transparent shall be considered to be a blank facade.

c.

Blank facade limits do not apply to portions of structures in residential use.

2.

Blank facade limits for Class I pedestrian streets and designated green streets

a.

Blank facades shall be no more than 15 feet wide except segments with garage doors may exceed a width of 15 feet and may be as wide as the driveway plus 5 feet. Blank facade segment width may be increased to 30 feet if the Director in a Type I decision determines that the facade segment is enhanced by features with visual interest such as architectural detailing, artwork, landscaping, or similar features.

b.

Any blank segments of the facade shall be separated by transparent areas at least 2 feet wide.

c.

The total width of all blank facade segments, including garage doors, shall not exceed 40 percent of the street-facing facade of the structure on each street frontage, or 50 percent if the slope of the street frontage of the facade exceeds 7.5 percent.

3.

Blank facade limits for Class II pedestrian streets

a.

Blank facade segments shall be no more than 30 feet wide, except for garage doors, which may exceed 30 feet. Blank facade segment width may be increased to 60 feet if the Director in a Type I decision determines that the facade segment is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus 5 feet.

b.

Any blank segments of the facade shall be separated by transparent areas at least 2 feet wide.

c.

The total of all blank facade segments, including garage doors, shall not exceed 70 percent of the street facade of the structure on each street frontage; or 75 percent if the slope of the street frontage of the facade exceeds 7.5 percent.

E.

Street tree requirements. Street trees are required on all streets that have a pedestrian classification and abut a lot. If areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to street tree planting standards in the Right-of-Way Improvements Manual.

F.

Setback and landscaping requirements for lots located within the Denny Triangle

1.

Landscaping in the street right-of-way for all streets other than those with green street plans approved by Director's Rule. All new development in DMC zones in the Denny Triangle, as shown on Map A for 23.49.056, shall provide landscaping in the sidewalk area of the street right-of-way, except on streets with a green street plan approved by Director's Rule. The square footage of landscaped area provided shall be at least 1.5 times the length of the street lot line (in linear feet). The following standards apply to the required landscaped area:

a.

The landscaped area shall be at least 18 inches wide and shall be located in the public right-of-way along the entire length of the street lot line, except for building entrances, vehicular access or other connections between the sidewalk and the lot, provided that the exceptions may not exceed 50 percent of the total length of the street lot line(s).

b.

As an alternative to locating the landscaping at the street lot line, all or a portion of the required landscaped area may be provided in the sidewalk area within 5 feet of the curb line.

c.

Landscaping provided within 5 feet of the curb line shall be located and designed in relation to the required street tree planting and be compatible with use of the curb lane for parking and loading.

d.

All plant material shall be planted directly in the ground or in permanently installed planters if planting in the ground is not feasible. A minimum of 50 percent of the plant material shall be perennial.

2.

Landscaping on a designated green street. If required landscaping is on a designated green street with a green street plan approved by Director's Rule, the planting shall be consistent with designs identified in that green street plan.

3.

Landscaping in setbacks

a.

In the Denny Triangle, as shown on Map A for 23.49.056, at least 20 percent of the total square footage of all areas abutting the street lot line that are not covered by a structure, have a depth of 10 feet or more from the street lot line and are larger than 300 square feet, shall be landscaped. Any area under canopies or marquees is considered uncovered. Any setback provided to meet the minimum sidewalk widths established by Section 23.49.022 is exempt from the calculation of the area to be landscaped.

b.

All plant material shall be planted directly in the ground or in permanently installed planters if planting in the ground is not feasible. A minimum of 50 percent of the plant material shall be perennial and shall include trees if a contiguous area, all or a portion of which is landscaped pursuant to subsection 23.49.056.F.1.a, exceeds 600 square feet.

4.

Terry and 9th Avenues Green Street setbacks

a.

In addition to the requirements of subsections 23.49.056.F.2 and 23.49.056.F.3, a 2 foot wide setback from the street lot line is required along the Terry and 9th Avenue Green Streets within the Denny Triangle as shown on Map A for 23.49.056. The Director may allow averaging of the setback requirement of this subsection 23.49.056.F.4.a to provide greater conformity with an approved green street plan.

b.

Fifty percent of the setback area shall be landscaped.

(Ord. 126157, § 39, 2020; Ord. 125173, § 6, 2016; Ord. 124680, § 9, 2015; Ord. 123649, § 30, 2011; Ord. 123589, § 22, 2011; Ord. 123046, § 65, 2009; Ord. 122054, § 45, 2006; Ord. 121477, § 17, 2004; Ord. 120443, § 27, 2001; Ord. 118409, § 186, 1996; Ord. 116744, § 11, 1993; Ord. 112303, § 3, 1985.)

A.

For purposes of this Section 23.49.058, except in zones with a mapped height limit of 170 feet or less, a "tower" is a portion of a structure, excluding rooftop features permitted above the applicable height limit pursuant to Section 23.49.008, in which portion all gross floor area in each story is horizontally contiguous, and which portion is above (i) a height of 85 feet in (a) a structure that has any non-residential use above a height of 65 feet or does not have residential use above a height of 160 feet or contains an elementary or secondary school; or (ii) in any structure not described in clause (i) a height determined as follows:

1.

For a structure on a lot that includes an entire block front or that is on a block front with no other structures, 65 feet;

2.

For a structure on a lot abutting 3rd Avenue between Union Street and Pike Street that contains only residential uses above a height of 65 feet, 85 feet; or

3.

For a structure on any other lot, the height of the facade closest to the street property line of the existing structure on the same block front nearest to that lot, but if the nearest existing structures are equidistant from that lot, then the height of the higher such facade; but in no instance shall the height exceed 85 feet or be required to be less than 65 feet.

B.

Facade modulation and upper-level width limit

1.

The requirements of subsections 23.49.058.B.2 and 23.49.058.B.3 apply to:

a.

All structures 160 feet in height or less, and all structures in the DMC 170 zone, in which any story above an elevation of 85 feet above the adjacent sidewalk exceeds 15,000 square feet. For structures with separate towers, the 15,000 square foot threshold applies to each tower individually; and

b.

Portions of structures in non-residential use above a height of 160 feet, excluding structures in the DMC 170 zone, in which any story above an elevation of 85 feet exceeds 15,000 square feet. For structures with separate towers, the 15,000 square foot threshold applies to each tower individually.

2.

The following facade modulation requirements apply to structures meeting subsection 23.49.058.B.1:

a.

In DOC1, DOC2, and DMC zones, except the DMC 170 zone, facade modulation is required above a height of 85 feet above the sidewalk for any portion of a structure located within 15 feet of a street lot line. No modulation is required for portions of a facade set back 15 feet or more from a street lot line.

b.

In the DMC 170 zone, facade modulation is required above a height of 60 feet above the sidewalk for any portion of a structure located within 15 feet of a street lot line. No modulation is required for portions of a facade set back 15 feet or more from a street lot line.

c.

The maximum length of a facade without modulation is prescribed in Table A for 23.49.058. This maximum length shall be measured parallel to each street lot line, and shall apply to any portion of a facade, including projections such as balconies, that is located within 15 feet of street lot lines.

d.

Any portion of a facade exceeding the maximum length of facade prescribed on Table A for 23.49.058 shall be set back a minimum of 15 feet from the street lot line for a minimum distance of 60 feet before any other portion may be within 15 feet of the street lot line.

3.

The following upper-level width limit requirements apply to structures meeting subsection 23.49.058.B.1:

a.

On lots where the width and depth of the lot each exceed 200 feet, the maximum facade width for any portion of a structure above 280 feet shall be 145 feet along the general north/south axis of a site (parallel to the Avenues), and this portion of the structure shall be separated horizontally from any other portion of a structure on the lot above 280 feet by at least 80 feet at all points.

b.

In the DMC 170 zone, the maximum facade width of any portion of a structure above 60 feet in height shall be 180 feet along lots fronting on Alaskan Way or Western Avenue between University and Union Streets. This portion of the structure shall be separated horizontally from any other portion of a structure on the lot above 60 feet in height by at least 30 feet at all points. If the separation between portions of a structure above 60 feet in height is less than 30 feet, the widths of the separated portions of the structure shall be combined to determine the structure's width.

C.

Tower floor area limits and tower width limits for portions of structures in residential use. The requirements of this subsection 23.49.058.C apply only to structures that include portions in residential use above a height of 160 feet, and do not apply in the DMC 170 zone.

1.

Maximum limits on average residential gross floor area per story and maximum residential floor area per story of towers are prescribed in Table B for 23.49.058.

a.

For structures that do not exceed the base height limit for residential use, each tower is subject to the average floor area per story limits specified in column (2) on Table B for 23.49.058.

b.

For structures that exceed the base height limit for residential use according to Chapter 23.58A, the average residential gross floor area per story of each tower is subject to the applicable maximum limit specified in column (3) on Table B for 23.49.058.

c.

In no instance shall the residential gross floor area of any story in a tower exceed the applicable maximum limit specified in column (4) on Table B for 23.49.058.

d.

Unoccupied space provided for architectural interest pursuant to subsection 23.49.008.B shall not be included in the calculation of gross floor area.

2.

Maximum tower width

a.

In DMC zones, the maximum facade width for portions of a building above 85 feet along the general north/south axis of a site (parallel to the Avenues) shall be 120 feet or 80 percent of the width of the lot measured on the Avenue, whichever is less, except that:

1)

On a lot where the limiting factor is the 80 percent width limit, the maximum facade width is 120 feet, if at all elevations above a height of 85 feet, no more than 50 percent of the area of the lot located within 15 feet of the street lot line(s) is occupied by the structure; and

2)

On lots smaller than 10,700 square feet that are bounded on all sides by street right-of-way, the maximum facade width shall be 120 feet.

b.

In DOC2 zones, the maximum facade width for portions of a building above 85 feet along the general north/south axis of a site (parallel to the Avenues) shall be 145 feet.

c.

In DOC1, the maximum facade width for portions of a building above 85 feet along the general north/south axis of a site (parallel to the Avenues) shall be 160 feet.

d.

The projection of unenclosed decks and balconies, and architectural features such as cornices, shall be disregarded in calculating the maximum width of a facade.

D.

Tower spacing in DMC zones

1.

The requirements of this subsection 23.49.058.D apply to all structures over 160 feet in height in DMC zones, excluding DMC 170 zones, except that no separation is required:

a.

Between structures on different blocks, except as may be required by view corridor or designated green street setbacks; or

b.

From a structure on the same block that is not located in a DMC zone; or

c.

From a structure allowed pursuant to the Land Use Code in effect prior to May 12, 2006; or

d.

From a structure on the same block that is 160 feet in height or less, excluding rooftop features permitted above the applicable height limit for the zone pursuant to Section 23.49.008; or

e.

From a structure in a DMC 170.

2.

Except as otherwise provided in this subsection 23.49.058.D, in the DMC 240/290-440 zone located between Stewart Street, Union Street, Third Avenue, and First Avenue, if any part of a tower exceeds 160 feet in height, then all portions of the tower that are above 125 feet in height shall be separated from any other existing tower that is above 160 feet in height, and the minimum separation required between towers from all points above the height of 125 feet in each tower is 60 feet.

3.

Except as otherwise provided in this subsection 23.49.058.D, in a DMC zone with a mapped height limit of more than 170 feet located either in Belltown, as shown on Map A for 23.49.058, or south of Union Street, if any part of a tower exceeds 160 feet in height, then all portions of the tower that are above 125 feet in height must be separated from any other existing tower that is above 160 feet in height, and the minimum separation required between towers from all points above the height of 125 feet in each tower is 80 feet.

Map A for 23.49.058 Belltown

4.

Except as otherwise provided in this subsection 23.49.058.D, in a DMC zone with a mapped height limit of more than 170 feet located in the Denny Triangle, as shown on Map A for 23.49.056, if any part of a tower exceeds 160 feet in height, then all portions of the tower that are above 125 feet in height must be separated from any other existing tower that is above 160 feet in height, and the minimum separation required between towers from all points above the height of 125 feet in each tower is 60 feet.

5.

The projection of unenclosed decks and balconies, and architectural features such as cornices, shall be disregarded in calculating tower separation.

6.

If the presence of an existing tower would preclude the addition of another tower proposed on the same block, as a special exception, the Director may waive or modify the tower spacing requirements of this Section 23.49.058 to allow a maximum of two towers to be located on the same block that are not separated by at least the minimum spacing required in subsections 23.49.058.D.2, 23.49.058.D.3, and 23.49.058.D.4, other than towers described in subsection 23.49.058.D.1. The Director shall determine that issues raised in the design review process related to the presence of the additional tower have been adequately addressed before granting any exceptions to tower spacing standards. The Director shall consider the following factors in determining whether such an exception shall be granted:

a.

Potential impact of the additional tower on adjacent residential structures, located within the same block and on adjacent blocks, in terms of views, privacy, and shadows;

b.

Aspects of the proposal that offset the impact of the reduction in required separation between towers, including the provision of public open space, designated green street or other streetscape improvements, and preservation of Landmark structures;

c.

Potential impact on the public environment, including shadow and view impacts on nearby streets and public open spaces;

d.

Design characteristics of the additional tower in terms of overall bulk and massing, facade treatments and transparency, visual interest, and other features that may offset impacts related to the reduction in required separation between towers;

e.

The City's goal of encouraging residential development downtown; and

f.

The feasibility of developing the site without an exception from the tower spacing requirement.

7.

For purposes of this Section 23.49.058 a tower is considered to be "existing" and must be taken into consideration when other towers are proposed, under any of the following circumstances:

a.

The tower is physically present, except that a tower that is physically present is not considered "existing" if the owner of the lot where the tower is located has applied to the Director for a permit to demolish the tower and provided that the no building permit for the proposed tower is issued until the demolition of the tower that is physically present has been completed;

b.

The tower is a proposed tower for which a complete application for a Master Use Permit or building permit has been submitted, provided that:

1)

The application has not been withdrawn or cancelled without the tower having been constructed; and

2)

If a decision on that application has been published or a permit on the application has been issued, the decision or permit has not expired, and has not been withdrawn, cancelled, or invalidated, without the tower having been constructed.

c.

The tower is a proposed tower for which a complete application for early design guidance has been filed and a complete application for a Master Use Permit or building permit has not been submitted, provided that the early design guidance application will not qualify a proposed tower as an existing tower if a complete Master Use Permit application is not submitted within 90 days of the date of the early design guidance public meeting if one is required, or within 90 days of the date the Director provides guidance if no early design meeting is required, or within 150 days of the first early design guidance public meeting if more than one early design guidance public meeting is held. Failure to file a complete Master Use Permit application within 12 months of filing a complete application for early design guidance or from the effective date of this ordinance shall disqualify a proposed tower from being considered an existing tower.

E.

Upper-level setbacks

1.

If a lot in a DMC zone is across a street from the Pike Place Market Historical District, as shown on Map 1K, a continuous upper-level setback of 15 feet, measured from the street lot line across the street from the Pike Place Market Historical District, is required for all portions of a structure above a height of 65 feet.

2.

If a lot in a DMC or DOC2 zone is located on a designated green street that is not a designated view corridor requiring view corridor setbacks according to Section 23.49.024, as shown on Map 1D, View Corridors, a continuous upper-level setback of 15 feet, measured from the abutting green street lot line, is required for portions of the structure above a height of 45 feet.

F.

Structure separation requirements for mid-block corridors in a DMC zone in South Downtown. On a lot in a DMC zone in South Downtown, as depicted on Map 1A, the following standards apply:

1.

At all levels above 45 feet and up to 85 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 45 feet, unless subsection 23.49.058.F.3 applies.

2.

At all levels above 85 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 55 feet, unless subsection 23.49.058.F.3 applies.

3.

If a mid-block corridor abuts a side lot line that is not a street lot line, at all levels above 45 feet, structures on that lot must set back from that side lot line at all points by a minimum horizontal distance of 45 feet.

(Ord. 127099, § 33, 2024; Ord. 126917, § 2, 2023; Ord. 126855, § 35, 2023; Ord. 125291, § 23, 2017; Ord. 125272, § 42, 2017; Ord. 125173, § 7, 2016; Ord. 124680, § 10, 2015; Ord. 123589, § 23, 2011; Ord. 123046, § 65, 2009; Ord. 122235, § 9, 2006; Ord. 122054, § 46, 2006; Ord. 120967, § 7, 2003; Ord. 120443, § 28, 2001; Ord. 119728, § 5, 1999; Ord. 112519, § 10, 1985; Ord. 112303, § 3(part), 1985.)

In South Downtown, lots zoned DMC abutting a designated green street are subject to the following standards:

A.

Any grocery store use greater than 50,000 square feet and any other retail use greater than 25,000 square feet in size must be separated from the green street by another use for a minimum of 75 percent of the lot frontage abutting the green street.

B.

For grocery stores greater than 50,000 square feet and other retail uses greater than 25,000 square feet, the following features are prohibited within 25 feet of the lot line abutting a green street except as provided in subsection 23.49.059.C:

1.

loading facilities or access to loading facilities;

2.

access to vehicle parking.

C.

As a Type I decision, the Director may allow one or more of the features identified in subsection 23.49.059.B to be located within 25 feet of the lot line abutting a green street if the feature is within 300 feet of Rainier Avenue South and no feasible alternative location is available due to the slope of the lot, and the feature is designed to minimize impacts on pedestrian use of the green street.

(Ord. 123589, § 24, 2011.)

In a DMC zone in South Downtown where a mid-block corridor is used to gain extra floor area or additional height, or both, a facade that faces the mid-block corridor is subject to the following standards:

A.

The facade shall include at least one entrance to the predominant use in the structure or an entrance to a use listed in Section 23.49.009 for every 100 lineal feet of building façade facing the corridor. If the façade is less than 100 feet in width, then at least one entrance shall be provided.

B.

Blank façade limits apply to the area of the façade facing the mid-block corridor between 2 feet and 8 feet above the grade of the corridor; except that where the slope along the corridor exceeds 7.5 percent measured at any segment of at least 20 feet, the blank façade limits apply to the area of the façade between 4 feet and 8 feet above grade within that segment. Where blank façade limits apply:

1.

Blank façade segments are limited to segments of 30 feet or less in width, except that the width of a blank façade segment may be increased to up to 60 feet if the Director determines, as a Type I decision, that the façade is enhanced by features with visual interest such as architectural detailing, artwork, landscaping, or similar features.

2.

Any blank segments of the façade shall be separated by segments at least 2 feet wide.

3.

The total width of all blank façade segments, including garage doors, shall not exceed 70 percent of the façade of the structure facing the mid-block corridor; or 75 percent if the slope of the corridor along the frontage of the façade exceeds 7.5 percent measured at any segment of at least 20 feet.

(Ord. 123589, § 25, 2011.)

A.

All uses are permitted outright except those that are specifically prohibited by Section 23.49.092 and those that are permitted only as conditional uses by Section 23.49.096. Parking is allowed subject to Section 23.49.019 and Section 23.49.094 and major cannabis activity is allowed subject to Section 23.42.058.

B.

All uses not prohibited shall be permitted as either principal or accessory uses.

C.

Except as provided in Section 23.49.096, uses in public facilities that are most similar to uses permitted outright under this Chapter 23.49 shall also be permitted outright subject to the same use regulations and development standards that govern the similar uses.

D.

Permitted essential public facilities, except for light rail transit facilities, shall also be reviewed according to the provisions of Chapter 23.80. Light rail transit facilities are exempt from the development standards in this Subchapter III and shall be reviewed according to the provisions of Chapter 23.80.

(Ord. 127228, § 11, 2025; Ord. 127099, § 34, 2024; Ord. 125558, § 29, 2018; Ord. 124969, § 13, 2016; Ord. 120443, § 37, 2001; Ord. 118672 § 13, 1997; Ord. 117430, § 65, 1994; Ord. 112303, § 3(part), 1985.)

The following uses shall be prohibited as both principal and accessory uses:

A.

Drive-in businesses, except gas stations located in parking garages;

B.

Outdoor storage;

C.

All general and heavy manufacturing uses;

D.

Solid waste management;

E.

Recycling; and

F.

All high-impact uses.

(Ord. 122311, § 56, 2006; Ord. 112777 § 28, 1986: Ord. 112303 § 3(part), 1985.)

A.

Flexible-use parking

1.

Flexible-use parking garages for long-term parking are prohibited.

2.

Flexible-use parking garages for short-term parking may be permitted as administrative conditional uses pursuant to Section 23.49.096.

3.

Flexible-use surface parking areas for both long- and short-term parking are prohibited, except that temporary flexible-use surface parking areas may be permitted as conditional uses pursuant to Section 23.49.096.

B.

Accessory Parking.

1.

Accessory parking garages for both long-term and short-term parking are permitted outright, up to the maximum parking limit established by Section 23.49.019, Parking quantity, access and screening/landscaping requirements.

2.

Accessory surface parking areas are prohibited, except that temporary accessory surface parking may be permitted as administrative conditional uses pursuant to Section 23.49.096.

(Ord. 125558, § 30, 2018; Ord. 122054 § 53, 2006; Ord. 112519 § 14, 1985; Ord. 112303 § 3(part), 1985.)

A.

All conditional uses shall meet the following criteria:

1.

The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2.

In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use, if it is determined that the negative impacts cannot be mitigated satisfactorily.

B.

Reserved.

C.

Flexible-use parking garages for short-term parking may be permitted as conditional uses, if the Director finds that:

1.

Traffic from the garage will not have substantial adverse effects on peak hour traffic flow to and from Interstate 5, or traffic circulation in the area around the garage; and

2.

The vehicular entrances to the garage are located so that they will not disrupt traffic or transit routes; and

3.

The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation.

D.

Temporary surface parking areas that were in existence prior to January 1, 1985, or are located on lots vacant on or before January 1, 1985, or that are located on lots that become vacant as a result of a City-initiated abatement action, may be permitted as administrative conditional uses according to the following standards:

1.

The standards stated for garages in subsection C of this section are met; and

2.

The lot is screened and landscaped according to the provisions of Section 23.49.019, Parking quantity, access and screening/landscaping requirements; and

3.

Permits for temporary surface parking areas may be issued for a maximum of two (2) years. Renewal of a permit for a temporary surface parking area is subject to the following:

a.

Renewals are permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985 or are located on lots vacant on or before January 1, 1985. A permit for a temporary surface parking area on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed; and

b.

Renewal shall be for a maximum of two (2) years and shall be granted only if, through an administrative conditional use approval process, the Director finds that the temporary surface parking area continues to meet applicable criteria; and

c.

The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area, such as curbcuts, paving and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires; and

4.

Signs at each entrance to the parking area stating the ending date of the permit shall be required.

E.

Public Facilities.

1.

Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses.

2.

The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3.

Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. The City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4.

Expansion of Uses in Public Facilities.

a.

Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections E1, E2 and E3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred-fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b.

Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections E1, E2 and E3 above according to the provisions of Chapter 23.76. Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

F.

Rooftop features listed in subsection 23.49.008.D.1.d more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76 according to the criteria of Section 23.49.008.

G.

Helistops and heliports may be permitted as Council conditional uses according to the following criteria:

1.

The helistop or heliport is for the takeoff and landing of helicopters that serve a public safety, news gathering or emergency medical care function and, in the case of heliports, services provided for those helicopters; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan adopted by the City Council and is not within two thousand (2,000) feet of a residential zone.

2.

The helistop or heliport is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and particularly on residentially zoned lots, public parks, and other areas where substantial public gatherings may be held, such as Safeco Field and Qwest Field, the Pike Place Market, and the Westlake Mall.

3.

The lot is of sufficient size that the operations of the helistop or heliport and the flight paths of the helicopters can be buffered from other uses in the surrounding area.

4.

Open areas and landing pads shall be hard-surfaced.

5.

The helistop or heliport meets all federal requirements including those for safety, glide angles, and approach lanes.

H.

Work-release centers may be permitted as Council conditional uses, based on the following criteria:

1.

Maximum Number of Residents. No work-release center shall house more than fifty (50) persons, excluding resident staff.

2.

Dispersion Criteria.

a.

The lot line of any new or expanding work-release center shall be located six hundred (600) feet or more from any residential zone, any lot line of any special residence, and any lot line of any school.

b.

The lot line of any new or expanding work-release center shall be located one (1) mile or more from any lot line of any other work-release center.

c.

The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application.

3.

The Council's decision shall be based on the following criteria:

a.

The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

b.

The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following:

i.

Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and

ii.

Staff numbers, level of responsibilities, and scheduling, and

iii.

Compliance with the security standards of the American Corrections Association;

c.

The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained;

d.

The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility;

e.

The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas;

f.

The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking;

g.

The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation;

h.

Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities and that the facility will meet State laws and requirements.

I.

Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:

1.

The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

2.

The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;

3.

The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.

(Ord. 126600, § 11, 2022; Ord. 125558, § 31, 2018; Ord. 123046, § 38, 2009; Ord. 122054, § 54, 2006; Ord. 120443, § 38, 2001; Ord. 119484, § 18, 1999; Ord. 118672, § 14, 1997; Ord. 116907, § 4, 1993; Ord. 116744, § 14, 1993; Ord. 116616, § 4, 1993; Ord. 116295, § 16, 1992; Ord. 114623, § 7, 1989; § 5 of Initiative 31, passed 5/16/89; Ord. 114202, § 4, 1988; Ord. 113279, § 11, 1987; Ord. 112522, § 21, 1985; Ord. 112519, § 15, 1985; Ord. 112303, § 3, 1985.)

Standards for the street facades of structures are established for the following elements:

Minimum and maximum facade heights

Setback limits

Facade transparency

Blank facade limits

Screening of parking

Street trees.

These standards shall apply to each lot line of a lot that abuts a street.

A.

Minimum facade height. Minimum facade height shall be 35 feet except that this requirement shall not apply when all portions of the structure are lower than an elevation of 35 feet.

B.

Facade setback limits

1.

The facades of structures less than or equal to 15 feet in height shall be located within 2 feet of the street property line.

2.

Structures greater than 15 feet in height shall be governed by the following criteria:

a.

No setback limits shall apply up to an elevation of 15 feet above sidewalk grade.

b.

Between the elevations of 15 and 35 feet above sidewalk grade, the facade shall be located within 2 feet of the street property line, except that setbacks between the elevations of 15 and 35 feet above sidewalk grade at the property line shall be permitted according to the following standards (see Exhibit A for 23.49.106):

1)

The maximum setback shall be 10 feet.

2)

The total area of the portion of the facade between the elevations of 15 feet and 35 feet above sidewalk grade at the street property line that is set back more than 2 feet from the street property line shall not exceed 40 percent of the total facade area between the elevations of 15 feet and 35 feet.

3)

No setback deeper than 2 feet shall be wider than 20 feet, measured parallel to the street property line.

4)

The facade of the structure shall return to within 2 feet of the street property line between each setback area for a minimum of 10 feet. Balcony railings and other nonstructural features or walls shall not be considered the facade of the structure.

3.

When sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street property line.

C.

Facade transparency requirements

1.

Facade transparency requirements shall apply to the area of the facade between 2 feet and 8 feet above the sidewalk. Only clear or lightly tinted glass in windows, doors and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2.

When the transparency requirements of this subsection are inconsistent with the glazing limits in the Energy Code, this subsection shall apply.

3.

On all streets, a minimum of 60 percent of the street level facade shall be transparent.

D.

Blank facade limits

1.

Blank facade limits shall apply to the area of the facade between 2 feet and 8 feet above the sidewalk.

2.

Any portion of the facade which is not transparent shall be considered to be a blank facade.

3.

Blank facades shall be limited to segments 15 feet wide, except for garage doors which may be wider than 15 feet. Blank facade width may be increased to 30 feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus 5 feet.

4.

Any blank segments of the facade shall be separated by transparent areas at least 2 feet wide.

5.

The total of all blank facade segments, including garage doors, shall not exceed 40 percent of the street facade of the structure on each street frontage.

E.

Reserved.

F.

Street tree requirements. Street trees shall be required on all streets abutting a lot. When areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to Seattle Department of Transportation Tree Planting Standards.

Exhibit A for 23.49.106
Facade Setback Limits

(Ord. 125603, § 49, 2018; Ord. 122054, § 55, 2006; Ord. 121477, § 19, 2004; Ord. 120443, § 43, 2001; Ord. 118409, § 188, 1996; Ord. 116744, § 15, 1993; Ord. 112519, § 18, 1985; Ord. 112303, § 3(part), 1985.)

Structure setbacks of 15 feet from the street property line are required for all portions of a building at or above a height of 85 feet above the adjacent sidewalk. (See Exhibit A for 23.49.108.)

Exhibit A for 23.49.108
Upper Level Setbacks

(Ord. 125603, § 50, 2018; Ord. 122054, § 56, 2006; Ord. 120443, § 44, 2001.)

All property zoned Downtown Mixed Residential (DMR) shall be designated as either Downtown Mixed Residential/Residential (DMR/R) or Downtown Mixed Residential/Commercial (DMR/C) on the Official Land Use Map, Chapter 23.32.

(Ord. 112303 § 3(part), 1985.)

A.

All uses are permitted outright except those specifically prohibited by Section 23.49.144 and those permitted only as conditional uses by Section 23.49.148. Parking is permitted pursuant to Section 23.49.019 and Section 23.49.146, and major cannabis activity is allowed pursuant to Section 23.42.058.

B.

All uses not prohibited are permitted as either principal or accessory uses.

C.

Except as provided in subsection 23.49.148.D.2, uses in public facilities that are most similar to uses permitted outright under this Chapter 23.49 are also permitted outright subject to the same use regulations and development standards that govern the similar uses.

D.

Permitted essential public facilities, except for light rail transit facilities, shall also be reviewed according to the provisions of Chapter 23.80. Light rail transit facilities shall be exempt from the development standards in this Subchapter IV and reviewed according to the provisions of Chapter 23.80.

(Ord. 127228, § 12, 2025; Ord. 127099, § 35, 2024; Ord. 125558, § 32, 2018; Ord. 124969, § 14, 2016; Ord. 118672, § 17, 1997; Ord. 117430, § 68, 1994; Ord. 112303, § 3(part), 1985.)

In a DMR zone in South Downtown, each general sales and services business establishment and eating and drinking establishment is limited to a maximum size of 25,000 square feet, except that the size limit for a grocery store is 50,000 square feet.

(Ord. 123589, § 26, 2011.)

The following uses shall be prohibited as both principal and accessory uses:

A.

Drive-in businesses, except gas stations located in parking garages;

B.

Outdoor storage;

C.

Helistops and heliports;

D.

Adult motion picture theaters and adult panorams;

E.

Light manufacturing uses in DMR/R areas;

F.

All general and heavy manufacturing uses;

G.

Solid waste management;

H.

Recycling;

I.

All high-impact uses; and

J.

Work-release centers.

(Ord. 122311, § 57, 2006; Ord. 114623 § 9, 1989: Ord. 113279 § 15, 1987: Ord. 112777 § 30, 1986: Ord. 112303 § 3(part), 1985.)

A.

Flexible-use parking

1.

Flexible-use parking garages for long-term and short-term parking are prohibited in a DMR zone except that flexible-use parking garages for short-term parking may be permitted either as an administrative conditional use in South Downtown outside the International Special Review District pursuant to Section 23.49.148, or within the International Special Review District pursuant to Section 23.66.324.

2.

Flexible-use surface parking areas are prohibited, except that temporary flexible-use surface parking areas in DMR/C areas may be permitted as conditional uses pursuant to Section 23.49.148.

B.

Accessory Parking.

1.

Accessory parking garages for both long-term and short-term parking are permitted outright, if located on the same lot as the use that they serve, up to the maximum parking limit established by Section 23.49.019. Parking garages providing accessory parking for residential uses, which include the residential portion of live-work units, located on another lot may be permitted as conditional uses pursuant to Section 23.49.148. Parking garages providing accessory parking for nonresidential uses located on another lot are prohibited.

2.

Accessory surface parking areas are:

a.

Prohibited in DMR/R areas;

b.

Permitted in DMR/C areas outside the International Special Review District if they contain 20 or fewer parking spaces; or

c.

Permitted as a conditional use in DMR/C areas outside the International Special Review District if they contain more than 20 parking spaces, pursuant to Section 23.49.148; or

d.

Permitted in a DMR/C zone in the International Special Review District, pursuant to Section 23.66.324.

(Ord. 125558, § 33, 2018; Ord. 123589, § 27, 2011; Ord. 122054 § 65, 2006; Ord. 121196 § 17, 2003; Ord. 113279 § 16, 1987: Ord. 112519 § 23, 1985; Ord. 112303 § 3(part), 1985.)

A.

All conditional uses shall meet the following criteria:

1.

The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2.

In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use, if it is determined that the negative impacts cannot be mitigated satisfactorily.

B.

Parking garages providing accessory parking for residential uses located on another lot, and flexible-use parking garages providing short-term parking in South Downtown outside of the International Special Review District, may be permitted as conditional uses, if the Director finds that:

1.

Unserved parking demand associated with existing or forecast future development within 1,000 feet of the proposed parking facility is sufficient to warrant construction of the facility; and

2.

The garage will be operated in a manner such that substantial traffic associated with uses not located within the DMR zone will not be generated; and

3.

The vehicular entrances to the garage are located so that they will not disrupt traffic or transit routes; and

4.

The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation.

C.

Accessory surface parking areas, where permitted as an administrative conditional use by Section 23.49.146, and temporary flexible-use surface parking areas that were in existence prior to January 1, 1985, or are located on lots vacant on or before January 1, 1985, or on lots that become vacant as a result of a City-initiated abatement action, may be permitted as conditional uses in DMR/C areas if the Director finds that:

1.

Traffic from the parking area will not have substantial adverse effects on traffic circulation in the surrounding areas; and

2.

The vehicular entrances to the parking area are located so that they will not disrupt traffic or transit routes; and

3.

The traffic generated by the parking area will not have substantial adverse effects on pedestrian circulation; and

4.

The parking area is screened and landscaped according to the provisions of Section 23.49.019; and

5.

For temporary flexible-use surface parking areas, permits may be issued for a maximum of two years. Renewal of a permit for a temporary surface parking area shall be subject to the following:

a.

Renewals are permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985, or located on lots vacant on or before January 1, 1985. A permit for temporary surface parking on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed; and

b.

Renewal shall be for a maximum of two years and shall be granted only if, through an administrative conditional use process, the Director finds that the temporary surface parking area continues to meet applicable criteria; and

c.

The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area, such as curbcuts, paving, and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires, and

d.

Signs at each entrance to the parking area stating the ending date of the permit shall be required.

D.

Public Facilities.

1.

Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses.

2.

The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3.

Other Uses Permitted Uses in Public Facilities. Unless specifically prohibited, public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. The City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4.

Expansion of Uses in Public Facilities.

a.

Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b.

Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

E.

Rooftop features listed in subsection 23.49.008.D.1.d more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76 according to the criteria of Section 23.49.008.

F.

Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:

1.

The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

2.

The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;

3.

The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.

(Ord. 126600, § 12, 2022; Ord. 125558, § 34, 2018; Ord. 123589, § 28, 2011; Ord. 123046, § 39, 2009; Ord. 122054, § 66, 2006; Ord. 119484, § 25, 1999; Ord. 118672, § 18, 1997; Ord. 116295, § 18, 1992; Ord. 114623, § 10, 1989; Ord. 114202, § 6, 1988; Ord. 113279, § 17, 1987; Ord. 112522, § 21, 1985; Ord. 112519, § 24, 1985; Ord. 112303, § 3, 1985.)

A.

This subsection 23.49.156.A applies to DMR zones outside of South Downtown.

1.

The minimum lot size is 19,000 square feet for any structure over 145 feet high, except that a project in a DMR zone that is part of the Living Building Pilot Program pursuant to Section 23.40.060 and uses a height bonus pursuant to subsections 23.40.060.C.5, 23.40.070.C.5, or 23.49.008.F, is exempt from this requirement. Pursuant to subsection 23.76.026.E, an applicant may elect to use this exemption even if the applicant's application vested before the effective date of this ordinance.

2.

To meet the minimum lot size requirement, a lot may be combined with one or more abutting lots, whether occupied by existing structures or not, provided that:

a.

The total area of the combined lots meets the minimum lot size requirement;

b.

All lots have frontage on the same avenue;

c.

Any existing structure does not exceed a height of 145 feet;

d.

The lot coverage of both the proposed and any existing structures does not exceed applicable lot coverage limits in Section 23.49.158; and

e.

The fee owners of the abutting lot(s) execute a deed or other agreement, recorded with the King County Recorder's Office as an encumbrance on the abutting lot(s), that restricts future development of the abutting lot(s) to a maximum height of 145 feet for the life of the proposed structure, and that precludes the use of the abutting lot(s) in combination with any other abutting lots for purposes of meeting the minimum lot size requirements for any other lot.

B.

This subsection 23.49.156.B applies within DMR zones in South Downtown.

1.

The minimum lot size for any structure greater than 95 feet in height is 40,000 square feet.

2.

To meet the minimum lot size requirement, a lot may be combined with one or more abutting lots, whether occupied by existing structures or not, provided that the total area of the combined lots meets the minimum lot size requirement and the lot coverage of the proposed and any existing structures does not exceed the applicable lot coverage limits in Section 23.49.158.

(Ord. Ord. No. 127163, § 1, 12-10-2024; Ord. 125371, § 10, 2017; Ord. 125291, § 24, 2017; Ord. 123589, § 29, 2011; Ord. 112303, § 3, 1985.)

A.

Coverage

1.

Except on lots located in DMR/R 95/65 zones, and except as provided in subsection 23.49.158.C, portions of structures above 65 feet shall not exceed the coverage limits in Table A for 23.49.158:

2.

In order to meet the coverage limits, a lot may be combined with one or more abutting lots, whether occupied by existing structures or not, provided that:

a.

The coverage of all structures on the lots does not exceed any of the applicable limits set in this subsection 23.49.158.A; and

b.

The fee owners of the abutting lot(s) execute a deed or other agreement, recorded with the King County Recorder's Office as an encumbrance on the lots, that restricts future development so that in combination with the other lots, the coverage limits will not be exceeded.

B.

Story size. Each story in portions of structures above 145 feet in height shall have a maximum gross floor area of 8,800 square feet.

C.

In South Downtown, the following coverage limits apply:

1.

For structures up to 95 feet in height, coverage limits are shown in Table B for 23.49.158:

2.

For buildings greater than 95 feet in height, portions of structures above 65 feet in height are limited to 50 percent lot coverage.

(Ord. 125371, § 11, 2017; Ord. 125291, § 25, 2017; Ord. 123589, § 31, 2011; Ord. 112303 § 3(part), 1985.)

Standards for the facades of structures are established for the following elements:

Minimum facade heights;

Setback limits;

Facade transparency;

Blank facade limits; and

Landscaping.

These standards shall apply to each lot line that abuts a street designated on Map 1F or another map identified in a note to Map 1F as having a pedestrian classification, except lot lines of open space TDR sites. The standards on each street frontage shall vary according to the pedestrian classification of the street on Map 1F or another map identified in a note to Map 1F, and whether property line facades are required by Map 1H.

A.

Minimum Facade Height.

1.

Minimum facade height shall be as described in the table below (and see Exhibit 23.49.162 A), but minimum facade heights shall not apply when all portions of the structure are lower than the elevation of the required minimum facade height listed below.

* Except as modified by view corridor requirements.

2.

On designated view corridors, Section 23.49.024, the minimum facade height shall be the required elevation of the setback, when it is less than the minimum facade height required in subsection A1.

B.

Facade Setback Limits.

1.

Setback Limits for Property Line Facades. The following setback limits shall apply to all streets designated on Map 1H as requiring property line facades:

a.

The facades of structures fifteen (15) feet or less in height shall be located within two (2) feet of the street property line.

b.

Structures greater than fifteen (15) feet in height shall be governed by the following standards:

(1)

No setback limits shall apply up to an elevation of fifteen (15) feet above sidewalk grade.

(2)

Between the elevations of fifteen (15) and thirty-five (35) feet above sidewalk grade, the facade shall be located within two (2) feet of the street property line, except that:

i.

Any exterior public open space that satisfies the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, shall not be considered part of a setback.

ii.

Setbacks between the elevations of fifteen (15) and thirty-five (35) feet above sidewalk grade at the property line shall be permitted according to the following standards (See Exhibit 23.49.162 B.):

(a)

The maximum setback shall be ten (10) feet.

(b)

The total area of a facade that is set back more than two (2) feet from the street property line shall not exceed forty (40) percent of the total facade area between the elevations of fifteen (15) and thirty-five (35) feet.

(c)

No setback deeper than two (2) feet shall be wider than twenty (20) feet, measured parallel to the street property line.

(d)

The facade of the structure shall return to within two (2) feet of the street property line between each setback area for a minimum of ten (10) feet. Balcony railings and other nonstructural features or walls shall not be considered the facade of the structure.

c.

When sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street property line.

2.

General Setback Limits. The following setback limits shall apply on streets not requiring property line facades as shown on Map 1H. Except when the entire structure is fifteen (15) feet or less in height, or when the minimum facade height established in subsection A of this section is fifteen (15) feet, the setback limits shall apply to the facade between an elevation of fifteen (15) feet above sidewalk grade and the minimum facade height established in subsection A of this section (see Exhibit 23.49.162 C). When the structure is fifteen (15) feet or less in height, the setback limits shall apply to the entire street facade. When the minimum facade height is fifteen (15) feet, the setback limits shall apply to the portion of the street facade that is fifteen (15) feet or less in height.

a.

The maximum area of all setbacks between the lot line and facade shall be limited according to an averaging technique. The maximum area of all setbacks along each street frontage of a lot shall not exceed the area determined by multiplying the averaging factor by the width of the street frontage of the structure along the street. (See Exhibit 23.49.162 D.) The averaging factor shall be five (5) on Class I pedestrian streets, twenty (20) on Class II pedestrian streets, and thirty (30) on designated green streets. Parking shall not be located between the facade and the street lot line.

b.

The maximum width, measured along the street property line, of any setback area exceeding a depth of fifteen (15) feet from the street property line shall not exceed eighty (80) feet, or thirty (30) percent of the lot frontage on that street, whichever is less. (See Exhibit 23.49.162D.)

c.

The maximum setback of the facade from the street property line at intersections is ten (10) feet. The minimum distance the facade must conform to under this limit is twenty (20) feet along each street. (See Exhibit 23.49.162E.)

d.

Any exterior public open space that satisfies the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, shall not be considered part of a setback. (See Exhibit 23.49.162C.)

e.

When sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street property line.

C.

Facade Transparency Requirements.

1.

Facade transparency requirements apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk, except that where the slope along the street frontage of the facade exceeds seven and one-half (7½) percent, the facade transparency requirements apply to the area of the facade between four (4) feet and eight (8) feet above sidewalk grade. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2.

Facade transparency requirements do not apply to portions of structures in residential use.

3.

When the transparency requirements of this subsection are inconsistent with the glazing limits in the Energy Code, this subsection applies.

4.

Transparency requirements are as follows:

a.

Class I pedestrian streets: A minimum of sixty (60) percent of the street-level facade shall be transparent.

b.

Class II pedestrian streets and designated green streets: A minimum of thirty (30) percent of the street-level facade shall be transparent.

c.

When the slope of the street frontage of the facade exceeds seven and one-half (7½) percent, the required amount of transparency shall be reduced to fifty (50) percent on Class I pedestrian streets and twenty-five (25) percent on Class II pedestrian streets and designated green streets.

D.

Blank Facade Limits.

1.

General Provisions.

a.

Blank facade limits apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk, except where the slope along the street frontage of the facade exceeds seven and one-half (7½) percent, in which case the blank facade limits apply to the area of the facade between four (4) feet and eight (8) feet above sidewalk grade.

b.

Any portion of a facade that is not transparent is considered to be a blank facade.

c.

Blank facade limits do not apply to portions of structures in residential use.

2.

Blank Facade Limits for Class I Pedestrian Streets.

a.

Blank facades shall be limited to segments fifteen (15) feet wide, except for garage doors which may exceed fifteen (15) feet. Blank facade width may be increased to thirty (30) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

b.

Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

c.

The total of all blank facade segments, including garage doors, shall not exceed forty (40) percent of the street facade of the structure on each street frontage; or fifty (50) percent if the slope of the street frontage of the facade exceeds seven and one-half (7½) percent.

3.

Blank Facade Limits for Class II Pedestrian Streets and Designated Green Streets.

a.

Blank facades shall be limited to segments thirty (30) feet wide, except for garage doors which may exceed thirty (30) feet. Blank facade width may be increased to sixty (60) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

b.

Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

c.

The total of all blank facade segments, including garage doors, shall not exceed seventy (70) percent of the street facade of the structure on each street frontage; or seventy-five (75) percent if the slope of the street frontage of the facade exceeds seven and one-half (7½) percent.

E.

Reserved.

F.

Landscaping Requirements.

1.

Street Tree Requirements. Street trees are required on all streets that have a pedestrian classification and abut a lot. If areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to street tree planting standards in the Right-of-Way Improvements Manual.

2.

Landscaping in the Street Right-of-way if Green Factor standards do not apply. New development that is not required to achieve a Green Factor score shall provide landscaping in the sidewalk area of the street right-of-way. The square feet of landscaped area provided shall be at least 1.5 times the length of the street lot line. The following standards apply to the required landscaped area:

a.

The landscaped area shall be at least 18 inches wide and shall be located in the public right-of-way along the entire length of the street lot line.

b.

Exceptions shall be allowed for building entrances, vehicular access or other connections between the sidewalk and the lot, but exceptions shall not exceed 50 percent of the total length of the street lot line(s).

c.

As an alternative to locating the landscaping at the street lot line, all or a portion of the required landscaped area may be provided within 5 feet of the curb line.

d.

Landscaping provided within 5 feet of the curb line shall be located and designed in relation to the required street tree planting and take into consideration use of the curb lane for parking and loading.

e.

Landscaping shall not reduce unobstructed sidewalk width to less than 5 feet on east/west streets or less than 8 feet on avenues, except that in South Downtown, landscaping shall not reduce unobstructed sidewalk width to less than 8 feet on east/west streets or less than 5 feet on avenues.

f.

All plant material shall be planted directly in the ground. A minimum of 50 percent of the plant material shall be perennial.

g.

Landscaping shall be consistent with applicable landscaping guidelines for designated green streets or approved street design concept plans identified in the Right-of-Way Improvements Manual.

3.

Landscaping in Setbacks if Green Factor standards do not apply. This subsection 23.49.162.F.3 applies to development that is not required to achieve a Green Factor score.

a.

At least 20 percent of areas on the street lot line that are not covered by a structure, have a depth of 10 feet or more from the street lot line, and are larger than 300 square feet, shall be landscaped. Any area under canopies or marquees is considered uncovered. Any setback provided to meet the minimum sidewalk widths established by Section 23.49.022 is exempt from the calculation of the area to be landscaped.

b.

All plant material shall be planted directly in the ground or in permanently installed planters. A minimum of 50 percent of the plant material shall be perennial and shall include trees if the setback area exceeds 600 square feet.

Exhibits 23.49.162A, 23.49.162B

Exhibits 23.49.162C, 23.49.162D, 23.49.162E

(Ord. 127099, § 36, 2024; Ord. 123589, § 31, 2011; Ord. 123046, § 65, 2009; Ord. 122054 § 67, 2006; Ord. 121477 § 21, 2004; Ord. 120443, § 57, 2001; Ord. 118409 § 190, 1996: Ord. 117263, § 44, 1994: Ord. 116744 § 18, 1993; Ord. 112519 § 26, 1985; Ord. 112303 § 3(part), 1985.)

On a lot where a mid-block corridor is used to gain extra floor area or additional height, or both, a facade that faces the mid-block corridor is subject to the following standards:

A.

The facade shall include at least one entrance to the predominant use in the structure or an entrance to a use listed in Section 23.49.009 for every 100 lineal feet of building façade facing the corridor. If the façade is less than 100 feet in width, then at least one entrance shall be provided.

B.

Blank façade limits apply to the area of the façade facing the mid-block corridor between 2 feet and 8 feet above the grade of the corridor; except that where the slope along the corridor exceeds 7.5 percent measured at any segment of at least 20 feet, the blank façade limits apply to the area of the façade between 4 feet and 8 feet above grade within that segment. Where blank façade limits apply:

1.

Blank façade segments are limited to segments of 30 feet or less in width, except that the width of a blank façade segment may be increased to up to 60 feet if the Director determines, as a Type I decision, that the façade is enhanced by features with visual interest such as architectural detailing, artwork, landscaping, or similar features.

2.

Any blank segments of the façade shall be separated by segments at least 2 feet wide.

3.

The total width of all blank façade segments, including garage doors, shall not exceed 70 percent of the façade of the structure facing the mid-block corridor; or 75 percent if the slope of the corridor along the frontage of the façade exceeds 7.5 percent measured at any segment of at least 20 feet.

(Ord. 123589, § 32, 2011.)

A.

Width and depth limits

1.

Except as provided in subsections 23.49.164.B, 23.49.164.C, and 23.49.164.D, a maximum width and depth for any portion of a structure above 65 feet in height is established in Table A for 23.49.164. The maximum applies to the width and depth of portions of structures as measured parallel to any street lot line.

2.

Any portion of a structure above 65 feet in height shall be separated horizontally by at least 20 feet at all points from any other portion of a structure on the lot above 65 feet in height.

B.

In a DMR/R 95/65 zone, width of portions of structures above a height of 65 feet is not limited.

C.

Housing option

1.

On lots with low-income housing, the width above a height of 65 feet of portions of structures that are located less than 20 feet from a street lot line shall not exceed 120 feet per block front. This maximum applies to the width as measured parallel to the street lot line. Portions of structures, measured parallel to the street lot line, that are located 20 feet or more from the street lot line, have no maximum limit.

2.

If the housing option is used, no portions of the structure may be located in the area within 20 feet of the intersection of street lot lines between heights of 65 feet and 145 feet.

3.

If the housing option is used, each story in portions of structures between heights of 65 feet and 145 feet shall have a maximum gross floor area of 25,000 square feet or the lot coverage limitation, whichever is less. The 25,000 square foot limit shall apply separately to portions of the same structure that are not connected above 65 feet.

D.

Facade width limits and separation requirements in South Downtown. On a lot in a DMR/C zone in South Downtown, the following standards apply:

1.

For the portion of a structure 75 feet in height or less, the maximum width of a street-facing facade is 250 feet.

2.

For the portion of a structure above 75 feet in height, the maximum width of a street-facing facade is 120 feet.

3.

At all levels above 75 feet in height, separate structures on a lot and separate portions of the same structure must be separated at all points by a minimum horizontal distance of 20 feet, or as specified in subsections 23.49.164.D.4 and 23.49.164.D.5 for structures separated by a mid-block corridor.

4.

At all levels above 45 feet and up to 95 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 45 feet, unless subsection 23.49.164.D.6 applies.

5.

At all levels above 95 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 55 feet, unless subsection 23.49.164.D.6 applies.

6.

If a mid-block corridor abuts a side lot line that is not a street lot line, at all levels above 45 feet structures on that lot must set back from that side lot line at all points by a minimum horizontal distance of 45 feet.

7.

Waiver or modification of requirements, limits, and standards. For developments in the International Special Review District, the Director may waive or modify the requirements, limits, and standards referred to in subsection 23.49.164.D.2 and 23.49.164.D.3 as a Type I decision if, upon consultation with the Director of Neighborhoods and Director of Housing, the Director determines that waiving or modifying a requirement, limit, or standard will facilitate development of low-income housing and better meet the goals and objectives of Section 23.66.302.

(Ord. 126855, § 36, 2023; Ord. 125603, § 51, 2018; Ord. 125371, § 12, 2017; Ord. 125291, § 26, 2017; Ord. 125272, § 43, 2017; Ord. 123589, § 33, 2011; Ord. 122054, § 68, 2006; Ord. 114079, § 2, 1988; Ord. 113279, § 20, 1987; Ord. 112519, § 27, 1985; Ord. 112303, § 3, 1985.)

This Section 23.49.165 applies only in DMR zones in South Downtown. For a structure that exceeds 85 feet in height, façade modulation is required for the portion of a street-facing facade above 45 feet in height if any part of the façade above that height is located less than 10 feet from street lot lines and the façade above that height exceeds a length of 110 feet measured parallel to street lot lines. Projections from the street-facing façade or any other façade, such as balconies, within 10 feet of street lot lines or their projection, are included in this measurement of length. If façade modulation is required, a portion of the façade with a minimum length of 30 feet must be set back a minimum of 10 feet from street lot lines at all levels above 45 feet.

(Ord. 123589, § 34, 2011.)

A.

Side setback

1.

In DMR zones outside South Downtown, except in DMR/R 95/65 zones, setbacks are required from side lot lines that are not street lot lines as established in Table A for 23.49.166. The setback requirement applies to all portions of the structure above a height of 65 feet. The amount of the setback requirement is determined by the length of the frontage of the lot on an avenue:

2.

In DMR zones within South Downtown, setbacks of 10 feet are required from side lot lines that are not street lot lines, for portions of structures above a height of 65 feet.

B.

Green street setbacks. In DMR zones outside South Downtown, except in DMR/R 95/65 zones, a setback is required from the street lot line abutting a green street designated on Map 1B. The setback shall be as follows:

1.

Ten feet for portions of structures above 65 feet in height to a maximum of 85 feet; and

2.

For each portion of a structure above 85 feet in height, an additional setback is required at a rate of one foot of setback for every five feet that the height of such portion exceeds 85 feet.

C.

Green street setbacks in South Downtown. In DMR zones in South Downtown, a setback from the street lot line is required on designated green streets for buildings greater than 65 feet in height. The required setback is determined by Table B for 23.49.166:

(Ord. 126157, § 40, 2020; Ord. 123589, § 35, 2011; Ord. 120443, § 58, 2001; Ord. 117263 45, 1994; Ord. 114202, § 1, 1988; Ord. 113279, § 21, 1987; Ord. 112519, § 28, 1985; Ord. 112303, § 3, 1985.)

In lieu of meeting development standards contained in subsections 23.49.158.A (lot coverage), 23.49.164.A (structure width and depth), and 23.49.166.B (green street setbacks), a proposed development that meets the eligibility requirements of subsection 23.49.167.A may elect to meet the alternative development standards of subsections 23.49.167.B, 23.49.167.C, and 23.49.167.D. A proposed development that elects to meet the alternative development standards must meet the development standards contained in subsections 23.49.167.B, 23.49.167.C, and 23.49.167.D and may not elect to comply with some but not other of those standards.

A.

Eligibility requirements. The alternative development standards in subsections 23.49.167.B, 23.49.167.C, and 23.49.167.D are only applicable to development that meets the following standards:

1.

The lot is located in a DMR/C 145/75, DMR/R 145/65, DMR/C 280/125, or DMR/R 280/65 zone;

2.

The lot is less than 14,500 square feet in size; and

3.

At least 75 percent of gross floor area is in residential use.

B.

Lot coverage

1.

For lots 8,000 square feet or less in size, development must meet one of the following:

a.

Portions of structures above 25 feet in height shall not exceed a lot coverage of 80 percent; or

b.

Portions of structures above 25 feet in height shall not exceed a lot coverage of 85 percent and the development shall not exceed a height of 135 feet, excluding rooftop features and any additional height granted by the Living Building Pilot program in Section 23.40.060.

2.

For lots greater than 8,000 square feet and 14,500 square feet or less in size, portions of structures above 45 feet in height shall not exceed a lot coverage of 75 percent and the development shall not exceed a height of 145 feet, excluding rooftop features and any additional height granted by the Living Building Pilot program in Section 23.40.060.

C.

Maximum width and depth

1.

The maximum width and depth for any portion of a structure above 45 feet in height is 95 feet on avenues and 120 feet on east/west streets. The maximum applies to the width and depth of portions of structures as measured parallel to any street lot line.

2.

Any portion of a structure above 45 feet in height shall be separated horizontally by at least 20 feet at all points from any other portion of a structure on the lot above 45 feet in height.

D.

Green street setbacks. If the structure is located on the northern side of the green street on a lot 8,000 square feet or less in size, portions of structures above 25 feet in height shall be set back 10 feet from the street lot line of a green street designated on Downtown Overlay Map 1B. If the structure is located on the southern side of the green street or on a lot greater than 8,000 square feet, the standards of subsection 23.49.166.B shall still apply.

(Ord. 126448, § 1, 2021.)

All property located within the Pioneer Square Mixed (PSM) zone shall be subject to the use and development standards of the Pioneer Square Preservation District, Chapter 23.66, in addition to the use and development standards contained in this chapter. In the event that there is a conflict between the use and development standards of this chapter and the provisions of the Pioneer Square Preservation District, Chapter 23.66, Subchapter II, the provisions of Chapter 23.66 shall apply.

(Ord. 112303 § 3(part), 1985.)

The Overlay District regulations of the Pioneer Square Preservation District, Chapter 23.66, contain the use provisions for the PSM zone.

(Ord. 112303 § 3(part), 1985.)

A.

Maximum structure height is the applicable height limit designated on the Official Land Use Map, Chapter 23.32, except as provided in this Section 23.49.178.

B.

Rooftop features and certain additions to structures are allowed to exceed the applicable height limit according to subsection 23.66.140.C.

C.

In the PSM 100/100-120 zone, a structure within which a streetcar maintenance base has been established may attain a maximum height of 130 feet if the structure has, in residential or hotel use, gross floor area equal to the gross floor area in the structure above 100 feet.

D.

In the PSM 100/100-120, PSM 100/100-130, and PSM 100/120-150 zones, except as provided in subsection 23.49.178.C, the applicable height limit is determined as set forth in this subsection 23.49.178.D. The base height limit for nonresidential or live-work uses is the first figure after the "PSM" designation, and is the height limit for all portions of a structure that contain those uses unless all of the conditions of this subsection 23.49.178.D are satisfied. The base height limit for residential use, shown as the first figure following the "/", is the applicable height limit for a structure that contains residential uses and does not satisfy the conditions to exceed the base height limit under this subsection 23.49.178.D. Subject to any limit imposed under Section 23.66.140, the third figure shown is the applicable height limit for a structure if all of the conditions to exceeding base height limits under this subsection 23.49.178.D are satisfied. A structure may exceed the base height limits only if:

1.

Construction does not involve the demolition or removal of any building or structure except as approved pursuant to Section 23.66.115;

2.

No building or structure has been demolished or removed from the lot within the ten years immediately preceding application for a building permit for the structure or addition that would exceed an applicable base height limit unless the Director of Neighborhoods determines that the demolished or removed building or structure did not contribute to the architectural or historic character of the Pioneer Square Preservation District;

3.

No portion of the structure has been determined to be "contributing" pursuant to Section 23.66.032, except that additional height for contributing structures is permitted if the applicant can demonstrate, to the satisfaction of the Director of Neighborhoods, that the proposed height is no greater than the maximum height to which the contributing structure was built;

4.

The gross floor area of the portion of the structure in residential use will equal or exceed the gross floor area in the portion of the structure above 100 feet;

5.

The structure will use extra residential floor area available under Section 23.49.023 to gain all additional floor area above the base height limit for residential uses; and

6.

The lot area is at least 7,200 square feet.

E.

In the PSM 85-120 zone:

1.

The applicable height limit is 85 feet except as provided in subsections 23.49.178.E.2 and 23.49.178.E.3.

2.

The applicable height limit is 120 feet if a minimum of 75 percent of the gross floor area of the structure is in residential use, except as provided in subsection 23.49.178.E.3.

3.

The applicable height limit is 240 feet for structures located within the area identified on Map A for 23.49.180 if the structures comply with the provisions of Section 23.49.180.

(Ord. 124843, § 42, 2015 [cross-reference update and other cleanup]; Ord. 124305, §§ 1, 3, 2013; Ord. 123589, § 36, 2011; Ord. 123034, § 3, 2009; Ord. 122435, § 1, 2007; Ord. 122330, § 1, 2007; Ord. 112519, § 29, 1985; Ord. 112303, § 3, 1985.)

A.

General intent. This Section 23.49.180 applies to the area identified on Map A for 23.49.180 within the Pioneer Square Preservation District if an applicant elects to develop a project using the height limits in subsection 23.49.178.E.3. The purpose of this Section 23.49.180 is to provide added flexibility through an increase in the maximum height limit by providing for affordable housing, as defined in Section 23.58A.004, to promote a high density, mixed use development that contributes to the vitality of Pioneer Square.

B.

Structure height.

1.

The maximum structure height is 240 feet for a proposed development for which all the following is true:

a.

An amount of floor area in residential use equal to or greater than 2 FAR is to be provided on the lot upon completion of the project. The project applicant shall have entered into an agreement with the City that is recorded against the property prior to issuance of the MUP, in which the owner agrees to provide the amount of residential floor area on the lot specified in Subsection 23.49.180.B.1.a, and agrees that failure to provide the amount of residential floor area before the expiration of the MUP will result in the loss of the ability to use any floor area built above the otherwise applicable height limit.

b.

Provision is made for pedestrian circulation and for mitigation of scale and bulk impacts from the increased height through:

1)

Pedestrian routes providing connections between the Weller Street pedestrian bridge and:

a)

Occidental Avenue S., and

b)

S. King Street; and

2)

An open area extending through the lot aligned with the 2nd Avenue S. right-of-way and meeting the standards of subsection 23.49.180.G.6.c.

c.

The proposed development complies with the standards of subsections 23.49.180.C through 23.49.180.I.

2.

Rooftop features. Rooftop features are allowed to exceed the maximum structure height pursuant to subsection 23.49.008.D.

C.

Lot area. If the applicant uses the height provisions of subsection 23.49.180.B to gain additional height above the otherwise applicable height limit, the entire area identified on Map A for 23.49.180, including any areas provided as open area or setbacks, or dedicated as street right of way, shall be used to determine compliance with applicable provisions of this Section 23.49.180 and Chapter 23.58A.

D.

Location of uses. If the applicant uses the height provisions of subsection 23.49.180.B to gain additional height above the otherwise applicable height limit, uses on the lot with a development using these height provisions are to be located on the lot as follows:

1.

Commercial uses. Commercial uses are to be concentrated in the area with the most direct access to regional transit and where commercial development can buffer residential uses from rail operations at King Street Station.

2.

Residential uses. Residential uses are to be concentrated close to existing housing on adjacent blocks and to contribute to a corridor of housing and amenities along Occidental Ave. S.

3.

Street-level uses. Street-level uses are to be provided along street frontages and the edges of open areas aligned with adjacent street right-of-way.

E.

Floor area ratio (FAR)

1.

Base and maximum FAR. The base FAR for all uses on a lot, except for those uses expressly exempted, is 4. The maximum FAR for all uses on a lot, except for those uses expressly exempted, is 8.

2.

Limit on non-residential FAR. Non-residential chargeable floor area on a lot may not exceed an FAR of 4.

3.

Affordable housing incentive. Development that includes residential use may exceed the base FAR, subject to the maximum FAR according to subsection 23.49.180.E.1, to the extent bonus floor area is achieved by providing affordable housing according to Chapter 23.58A.

4.

Exemptions and deductions from FAR calculations

a.

The exemptions and deductions from FAR calculations specified in subsection 23.49.011.B apply, except that residential use is not exempt and is considered chargeable floor area.

b.

In addition to the exemptions from floor area calculations for parking in subsection 23.49.011.B.1.l, enclosed parking provided at or above grade as accessory parking for non-residential uses or as flexible-use parking replacing the surface spaces existing on the lot on June 25, 1998, is exempt from FAR calculations if it is separated from all streets abutting the lot by another use or is screened according to the provisions of subsection 23.49.180.G.9.

c.

Street-level uses other than residential lobbies are exempt if they meet the requirements of subsection 23.49.180.F.

F.

Street-level use requirements.

1.

One or more of the following uses are required at street-level on all street-facing façades and street-level façades facing the open area provided in accordance with the provisions of subsection 23.49.180.G.6.c:

a.

General sales and services;

b.

Human service uses and childcare facilities;

c.

Retail sales, major durables;

d.

Entertainment uses;

e.

Eating and drinking establishments; and

f.

On each street-facing façade or façade facing an open area, up to 20 feet of a residential lobby that provides principal access to residential uses in a structure may be counted as a required street-level use.

2.

General standards

a.

A minimum of 75 percent of each street-facing façade at street-level where street-level uses are required shall be occupied by uses listed in subsection 23.49.180.F.1. The remaining 25 percent of the street-facing façade at street-level may contain other permitted uses and/or pedestrian or vehicular entrances.

b.

Required street-level uses shall be located within 2 feet of the required street-facing façade or the street-level façade facing an open area, in accordance with subsection 23.49.180.G.4.

c.

Except for child care facilities, pedestrian access to street-level uses shall be provided directly from the street or other open area with access to a street. Pedestrian entrances shall be located no more than 3 feet above or below sidewalk grade or at the same elevation as any abutting open area.

d.

Required street-level uses shall be located in a space with a minimum floor-to-floor height of 13 feet.

e.

Required street-level uses shall be located in a space with a minimum depth of 15 feet.

f.

For street-level uses on a street-facing façade, the average width of a business establishment shall be 60 feet or less, and the maximum width of any single business establishment shall be 100 feet. Portions of a business that are separated from the street by another business are not limited in width.

g.

The gross floor area at street-level of any business establishment shall not exceed 10,000 square feet, except that if the business establishment includes a grocery store, the gross floor area at street level shall not exceed 25,000 square feet.

G.

Development standards.

1.

Street-level setbacks.

a.

Locations

1)

A street-level setback with an average depth of 10 feet and a minimum depth of 6 feet shall be provided from property lines that do not abut a street.

2)

A street-level setback of at least 9 feet and no more than 12 feet shall be provided from the street property line along Occidental Avenue S.

b.

To qualify as a street-level setback, all portions of a structure must set back at street-level the required distance.

c.

Setback areas may be used for pedestrian routes, vehicular driveways, and to provide landscaping to meet green factor requirements pursuant to subsection 23.49.180.I.

2.

Upper-level setbacks.

a.

The following upper-level setbacks shall be provided:

1)

A minimum setback of 10 feet shall be provided from S. King Street for all portions of a structure above a height of 85 feet for a distance of at least 120 feet measured along S. King Street from the point where the street lot line intersects the eastern lot line of the lot.

2)

A minimum setback of 10 feet shall be provided from S. King Street for all portions of structures above 85 feet in height for a distance of at least 330 feet along S. King Street measured from the intersection with Occidental Avenue S.

3)

An average setback of 50 feet shall be provided from the eastern lot line of the lot for all portions of structures above a height of 85 feet. For the purposes of averaging, only 100 feet in depth of any setback shall be counted.

4)

A minimum setback of 15 feet is provided from Occidental Avenue S. for all portions of structures above 85 feet in height.

5)

A minimum setback of 30 feet is provided from Occidental Avenue S. for portions of structures above 120 feet in height.

3.

Upper-level coverage limits, measured as a percentage of the total area of the lot, apply to portions of structures exceeding specified heights, in accordance with Table A for 23.49.180.

4.

Street façades. Street-facing façades shall be provided on all street frontages. For purposes of this requirement, the street frontage includes the entire length of a street lot line, less any part of the street lot line where open area provided pursuant to subsection 23.49.180.G.6.c abuts the street.

a.

Street-facing façade height. The street-facing façades of structures shall have a minimum height of 50 feet for 75 percent of each street frontage. The minimum street-facing façade height for the remaining 25 percent of each street frontage is 35 feet.

b.

Street façade setbacks.

1)

For each street frontage, the street-facing façade shall be built to the street lot line for a minimum of 75 percent of the street frontage. For the remaining street frontage, the street-facing façade may set back from the street lot line to provide for the following:

a)

street-level open area at the intersection of S. King Street and Occidental Avenue S. meeting the standards of subsection 23.49.180.G.6.a; and

b)

architectural treatment of the street-facing façade, including setbacks of portions of the street-facing façade up to a maximum depth of 15 feet, for principal building entrances or for architectural detailing and features of a structure that reflect the surrounding development pattern, such as the sequence of streets and alleys or the massing and articulation of historic structures on opposing block fronts.

2)

Where set back, the street-facing façade is measured from a location other than the street lot line in the following instances:

a)

If a utility easement abutting a street lot line prevents a structure from extending to the street lot line, a street-facing façade setback shall be measured from the abutting utility easement rather than the street lot line.

b)

On Occidental Avenue S., a street-facing façade setback shall be measured from the setback line provided pursuant to subsection 23.49.180.G.1.a.2 rather than the street lot line.

3)

The maximum length of any setback area, as measured along the street lot line, shall not exceed 60 feet.

4)

Except as needed to accommodate required access to utility easements, no setback of a street-facing façade is permitted along S. King Street for 60 feet on either side of the intersection with the open area aligned with 2nd Avenue S. provided pursuant to subsection 23.49.180.G.6.c.

5.

Façade modulation. For portions of structures exceeding a height of 85 feet, any street-facing façade located within 30 feet of a street lot line that exceeds a length of 120 feet shall be modulated. For the street-facing façade to exceed 120 feet, a portion of the façade shall either project forward of or set back from any other portion of the street facing façade a minimum of 10 feet measured perpendicular to the street property line for a minimum distance of 20 feet measured parallel to the street lot line. Balconies and decks are permitted within the modulated area. Modulated façades are not permitted to extend into required setbacks.

6.

Open area. Open area at ground level shall be provided as follows:

a.

To qualify as open area at ground level, the open area shall be located and configured to allow easy pedestrian access to project occupants from streets or other abutting public spaces, including access for persons with disabilities. The open area shall be open to the sky, except as provided in this subsection 23.49.180G.6.a, and have a minimum horizontal dimension of 15 feet and a minimum area of 600 feet. The following features are exempt from the requirement that the open area be open to the sky:

1)

Features in a surface parking area;

2)

Temporary kiosks and pavilions;

3)

Overhead weather protection attached to abutting façades;

4)

Art;

5)

Seating and tables;

6)

Landscaping; and

7)

Any similar features approved by the Director that contribute to the comfort and use of the space.

b.

Open area at ground level shall be provided at the following locations:

1)

The intersection of Occidental Avenue S. and S. King Street, in the northwestern corner of the lot; and

2)

The intersection of the lot's eastern and southern lot lines, on the southeastern corner of the lot, unless a structure with a street level use is located there.

c.

An open area at ground level with boundaries referred to as "edges" shall be provided in the area established by extending the street lot lines of 2nd Avenue S. through the lot from S. King Street to the southern lot line. The open area and façades abutting it shall meet the following:

1)

For a minimum depth of 20 feet measured from each edge into the open area, the open area must be open for use by pedestrians and for landscaping.

2)

The façades of structures abutting the open area shall have a minimum height of 35 feet and shall not set back more than five feet from the edges of the open area;

3)

For a minimum distance of 120 feet along each edge of the open area, as measured from the S. King Street lot line, an upper level setback with a minimum depth of 15 feet is required for the portion of a structure that exceeds 85 feet in height.

4)

Street-level uses listed in and meeting the standards of subsection 23.49.180.F are required for a minimum of 50 percent of the combined street-level façades facing the open area edges aligned with 2nd Avenue S. Street-level uses listed in and meeting the standards of subsection 23.49.180.F are required for a minimum of 25 percent of the street-level façades facing either edge of the open area.

d.

Open area used to satisfy this section may qualify as common recreation area to the extent permitted by subsection 23.49.010.B.

7.

Façade Transparency Requirements.

a.

For street-facing façades abutting South King Street and Occidental Avenue South and for façades facing the open area provided pursuant to subsection 23.49.180.G.6.c, a minimum of 60 percent of the street level façade shall be transparent.

b.

For all other street-level façades, a minimum of 20 percent of the street level façade shall be transparent, except that transparency is not required if the street level use is parking.

c.

To be considered transparent, only clear, non-reflective, non-tinted glass may be used in windows, doors and display windows in that portion of the façade between 2 feet and 8 feet above the sidewalk, and in that portion of the façade, one must be able to view into the structure or into display windows from outside.

8.

Blank Façade Limits.

a.

For all façades abutting South King Street, Occidental Avenue South, and the open area provided pursuant to subsection 23.49.180.G.6.c, blank façades shall not exceed 15 feet in width, except that

1)

a blank façade may be increased to 30 feet in width if the Director determines that the façade is sufficiently enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest; and

2)

the width of a blank façade that includes a garage door may exceed 15 feet but is limited to the width of the driveway plus 5 feet.

The total of all blank façade segments, including garage doors, shall not exceed 40 percent of the total width of all façades abutting South King Street, Occidental Avenue South, and the open area provided pursuant to subsection 23.49.180.G.6.c.

b.

For all façades other than those specified in subsection 23.49.180.G.8.a, if the street level is occupied by uses other than parking, blank façades shall be limited to segments no more than 30 feet in width. Blank façade width may be increased to 60 feet if the Director determines that the façade is sufficiently enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of a blank façade that includes a garage door may exceed 30 feet but is limited to the width of the driveway plus 5 feet. If the street level is occupied by parking, the provisions for screening parking at street level in subsection 23.49.180.G.9.a apply.

c.

Any blank façade shall be separated by transparent areas at least 2 feet wide. Only clear, non-reflective, non-tinted glass is considered to be transparent.

9.

Screening and location of parking. All parking permitted on the lot shall be enclosed within a structure, except that within the open area provided pursuant to subsection 23.49.180.G.6.c, surface parking serving abutting structures is permitted.

a.

Parking at street level.

1)

Parking is not permitted at street level within a structure along street frontages and along the open area edges provided pursuant to subsection 23.49.180.G.6.c unless separated from the street or open area by other uses, except that garage and loading doors and access to parking need not be separated.

2)

Parking is permitted at street level within a structure along lot lines that do not abut a street, subject to the following requirements:

a)

Parking abutting a lot line shall be screened from view at street-level except that garage and loading doors and permitted access to parking need not be screened.

b)

The façade facing the lot line shall be enhanced by architectural detailing, artwork, landscaping, or similar visual interest features.

c)

If parking is located within a structure at the intersection of the eastern and southern lot lines, separation by another use is required for a minimum distance of 20 feet along one of the intersecting lot lines.

b.

Parking above street level.

1)

On the portion of the lot west of the open area provided pursuant to subsection 23.49.180.G.6.c, parking is not permitted above street level along street frontages and along the western edge of the open area unless separated from the street or open area by another use. Parking is permitted above street level along other lot lines for a maximum of four stories.

2)

On the portion of the lot east of the open area provided pursuant to subsection 23.49.180.G.6.c, parking is permitted in portions of a structure above 20 feet in height along S. King Street and in portions of a structure above the first story along other frontages for a maximum of four stories.

3)

For all parking located on stories above street level that is not separated from the street by another use, screening of the parking through materials, fenestration, and other architectural treatments is required. The screening shall be designed as an extension of the primary façade of the structure and to provide visual interest.

H.

The applicant shall make a commitment that the proposed development will meet the green building standard and shall demonstrate compliance with that commitment, all in accordance with Chapter 23.58D.

I.

Green Factor Requirement. The project shall achieve a green factor score of .30 or greater in accordance with the provisions of Section 23.86.019.

J.

Development standard departures. As a special exception pursuant to Section 23.76.004, the Director may waive or modify those development standards in Section 23.49.180 that would be eligible for departures through the design review process pursuant to Section 23.41.012, if they were applicable to a project subject to that process. The Director shall consult with the Pioneer Square Preservation Board and the Director of the Department of Neighborhoods prior to making a decision on a requested modification or waiver. The Director may grant a waiver or modification only if the Director determines that it will cause the project to better meet the intent of this Section 23.49.180 and the Design Guidelines for New Construction on the North Lot in Pioneer Square, as adopted by the Pioneer Square Preservation Board.

(Ord. 126855, § 37, 2023; Ord. 125558, § 35, 2018; Ord. 125163, § 14, 2016; Ord. 123034, § 4, 2009)

All property located in International District Mixed (IDM) zones is subject to the use and development standards of the International Special Review District, Chapter 23.66, in addition to the use and development standards contained in this Chapter 23.49. If there is a conflict between the use and development standards of this Chapter 23.49 and the provisions of the International Special Review District, the provisions of Chapter 23.66 apply.

(Ord. 123589, § 39, 2011; Ord. 112303 § 3(part), 1985.)

The Overlay District regulations of the International Special Review District, Chapter 23.66, contain the use provisions for the IDM zones.

(Ord. 123589, § 40, 2011; Ord. 112303 § 3(part), 1985.)

A.

Height limits in the International District Mixed (IDM) zones are designated on the Official Land Use Map, Chapter 23.32.

B.

Rooftop features are permitted to exceed the applicable height limit according to Section 23.66.332.

C.

Except as otherwise expressly provided in this Section 23.49.208, the applicable height limit in an IDM zone is determined as set forth in this subsection 23.49.208.C. The base height limit for nonresidential and live-work uses is the first figure after the "IDM" designation. The base height limit for residential uses, shown as the first figure following the "/", is the applicable height limit for a structure that contains residential uses and does not qualify for extra floor area under Section 23.49.023. The third figure shown, if any, is the applicable height limit for a structure that qualifies for extra residential floor area under Section 23.49.023 or for a structure that includes hotel use in a mixed use development consistent with subsection 23.49.208.E.

D.

In the IDM 75-85 zone, structures in excess of 75 feet in height, to a maximum of 85 feet, are permitted only if 50 percent or more of the gross floor area on the lot, excluding parking and street-level retail uses meeting the standards of Section 23.66.326, is in residential use.

E.

In an IDM 85/85-170 zone, the applicable height limit is 85 feet unless:

1.

All floor area above a height of 85 feet is in residential use; or

2.

In a mixed-use development that includes hotel use, the following conditions are met:

a.

The mixed-use development is on a lot with at least 40,000 square feet of the lot area located in an IDM 85/85-170 zone;

b.

Fifty percent or more of the gross floor area on the lot, excluding parking, is in residential use; and

c.

Hotel use is the only type of non-residential use located above 85 feet.

F.

In the IDM 65-120 zone, structures in excess of 65 feet, to a maximum of 120 feet, may be permitted only as a part of a planned community development, pursuant to Section 23.49.036, Planned community developments.

(Ord. 125371, § 13, 2017; Ord. 123589, § 41, 2011; Ord. 120928, § 20, 2002; Ord. 113279, § 23, 1987; Ord. 112519, § 30, 1985; Ord. 112303, § 3(part), 1985.)

A.

Façade transparency requirements, blank façade limits and landscaping standards set forth in this Section 23.49.210 apply to the street-facing facades that face Class I and Class II Pedestrian Streets and designated green streets in IDM zones, as shown on Map B for 23.66.326, on lots abutting those streets, unless waived or modified pursuant to subsection 23.49.210.B.

B.

Waiver or modification of requirements, limits and standards. The Director may waive or modify the requirements, limits and standards referred to in subsection 23.49.210.A as a Type I decision if, upon consultation with the Director of Neighborhoods, the Director determines that waiving or modifying a requirement, limit or standard will better meet the goals and objectives of Section 23.66.302 and Section 23.66.304.

C.

If there is a conflict between the requirements, limits and standards of Chapter 23.66 and subsection 23.49.210.A, Chapter 23.66 applies.

D.

Façade transparency requirements.

1.

Façade transparency requirements apply to the area of the façade between 2 feet and 8 feet above the sidewalk, except that where the average slope along the entire street frontage of a façade exceeds 7.5 percent, the façade transparency requirements apply to the area of the façade between 4 feet and 8 feet above sidewalk grade. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2.

Façade transparency requirements do not apply to portions of structures in residential use.

3.

If the transparency requirements of this subsection 23.49.210.D are inconsistent with the glazing limits in the Energy Code, this subsection 23.49.210.D applies to the extent permitted by applicable law.

4.

Transparency requirements are as follows:

a.

Class I pedestrian streets: A minimum of 60 percent of the street-level façade shall be transparent.

b.

Class II pedestrian streets and designated green streets: A minimum of 30 percent of the street-level façade shall be transparent.

c.

If the slope of the street frontage of the façade exceeds 7.5 percent, the required amount of transparency is reduced to 50 percent on Class I pedestrian streets and 25 percent on Class II pedestrian streets and designated green streets.

E.

Blank Façade Limits.

1.

General provisions.

a.

Blank façade limits apply to the area of the façade between 2 feet and 8 feet above the sidewalk, except where the slope along the street frontage of the façade exceeds 7.5 percent, in which case the blank façade limits apply to the area of the façade between 4 feet and 8 feet above sidewalk grade.

b.

Any portion of a façade that is not transparent is considered to be a blank façade.

c.

Blank façade limits do not apply to portions of structures in residential use.

2.

Blank Façade Limits for Class I Pedestrian Streets.

a.

Blank façade segments are limited to 15 feet in width, except for segments with garage doors, which may exceed a width of 15 feet and may be as wide as the driveway plus 5 feet. Blank façade segment width may be increased to 30 feet if the Director determines that the façade segment is enhanced by features with visual interest such as architectural detailing, artwork, landscaping, or similar features.

b.

Any blank segments of the façade shall be separated by transparent areas at least 2 feet wide.

c.

The total width of all blank façade segments, including garage doors, shall not exceed 40 percent of the width of the street-facing façade of the structure on each street frontage; or 50 percent of the width if the slope of the street frontage of the façade exceeds 7.5 percent.

3.

Blank Façade Limits for Class II Pedestrian Streets and Designated Green Streets.

a.

Blank façade segments are limited to 30 feet in width, except for garage doors which may exceed 30 feet. Blank façade segment width may be increased to 60 feet if the Director determines that the façade segment is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors is limited to the width of the driveway plus 5 feet.

b.

Any blank segments of the façade shall be separated by transparent areas at least 2 feet wide.

c.

The total width of all blank façade segments, including garage doors, shall not exceed 70 percent of the width of the street-facing façade of the structure on each street frontage; or 75 percent of the width if the slope of the street frontage of the façade exceeds 7.5 percent.

F.

Landscaping Standards.

1.

Street Tree Requirements. Street trees are required on all streets that have a pedestrian classification and abut a lot. If areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to street tree planting standards in the Right-of-Way Improvements Manual.

2.

Landscaping in the Street Right-of-way if Green Factor Standards Do Not Apply. New development that is not required to achieve a Green Factor score shall provide landscaping in the street right-of-way. The square feet of landscaped area provided shall be at least 1.5 times the length of the street lot line. The following standards apply to the required landscaped area:

a.

The landscaped area shall be at least 18 inches wide and shall be located in the public right-of-way abutting the entire length of the street lot line.

b.

Exceptions shall be allowed for building entrances, vehicular access or other connections between the sidewalk and the lot, but exceptions shall not exceed 50 percent of the total length of the street lot line(s).

c.

As an alternative to locating the landscaping abutting the street lot line, all or a portion of the required landscaped area may be provided within 5 feet of the curb line.

d.

Landscaping provided within 5 feet of the curb line shall be located and designed in relation to the required street tree planting and take into consideration use of the curb lane for parking and loading.

e.

Landscaping shall not reduce unobstructed sidewalk width to less than 5 feet on east/west streets or less than 8 feet on avenues.

f.

All plant material shall be planted directly in the ground. A minimum of 50 percent of the plant material shall be perennial.

g.

Landscaping shall be consistent with applicable landscaping guidelines for designated green streets or approved street design concept plans identified in the Right-of-Way Improvements Manual.

3.

Landscaping in Setbacks if Green Factor Standards Do Not Apply. This subsection 23.49.210.F.3 applies to development that is not required to achieve a Green Factor score.

a.

At least 20 percent of areas on the street lot line that are not covered by a structure, that have a depth of 10 feet or more from the street lot line, and are larger than 300 square feet, shall be landscaped. Any area under canopies or marquees is considered uncovered. Any setback provided to meet the minimum sidewalk widths established by Section 23.49.022 is exempt from the calculation of the area to be landscaped.

b.

All plant material shall be planted directly in the ground or in permanently installed planters. A minimum of 50 percent of the plant material shall be perennial. Plants shall include trees if the setback area exceeds 600 square feet.

(Ord. 123589, § 42, 2011.)

A.

In an IDM 85/85-170 zone, upper-level development standards include upper-level setbacks and facade modulation.

1.

Upper-level setbacks south of S. Weller Street. For structures south of S. Weller Street exceeding a height of 85 feet, an upper-level setback with an average depth of at least 15 feet from abutting street lot lines along the entire street frontage of the structure is required above a height of 45 feet. The minimum depth permitted for any portion of a setback required under this subsection 23.49.212.A.1 is 10 feet. The maximum depth of a setback that can be used for calculating the average setback is 30 feet.

2.

Upper-level setbacks north of S. Weller Street. North of S. Weller Street, a continuous setback of at least 15 feet from abutting street lot lines is required for portions of a structure above 85 feet in height, except that no setback is required from street lot lines abutting S. Weller Street.

3.

Green street upper-level setback. If a lot abuts a designated green street, a continuous upper-level setback of at least 20 feet is required for all portions of structures above a height of 45 feet along the green street lot line.

4.

Facade modulation. For a structure that exceeds 85 feet in height, modulation is required for the portion of a street-facing facade above 45 feet in height if any part of the facade above that height is located less than 15 feet from street lot lines and the facade above that height exceeds a length of 110 feet measured parallel to the street lot line. Projections from the street-facing facade or any other facade, such as balconies, within 15 feet of street lot lines or their projection, are included in this measurement of length. If facade modulation is required, a portion of the facade with a minimum length of 30 feet must be set back a minimum depth of 15 feet from street lot lines at all levels above 45 feet.

B.

In the IDM 165/85-170 zone, upper-level development standards include upper-level setbacks and facade modulation.

1.

Upper-level setback. For lots abutting Maynard Avenue S., a continuous upper-level setback of at least 15 feet from the lot line abutting Maynard Avenue S. is required for portions of a structure above 45 feet in height.

2.

Facade modulation. For structures exceeding 85 feet in height, modulation is required for portions of the street-facing facade exceeding 65 feet in height and located less than 10 feet from a street lot line. The maximum length of a street-facing facade without modulation is 110 feet, measured parallel to the street lot line. Projections from the street-facing facade, such as balconies, are included in the measurement of length. Where facade modulation is required, a portion of the facade must set back a minimum depth of 10 feet from street lot lines for a minimum length of 30 feet.

(Ord. 125371, § 14, 2017; Ord. 123589, § 43, 2011.)

Property zoned International District Residential (IDR) may be further designated with a "C" suffix, as International District Residential/Commercial (IDR/C), on the Official Land Use Map, Chapter 23.32.

(Ord. 123589, § 44, 2011.)

All property located in an IDR or IDR/C zone is subject to the use and development standards of the International Special Review District, Chapter 23.66, in addition to the use and development standards contained in this Chapter 23.49. If there is a conflict between the use and development standards of this Chapter 23.49 and the provisions of the International Special Review District, the provisions of Chapter 23.66 apply.

(Ord. 123589, § 45, 2011; Ord. 112303 § 3(part), 1985.)

The Overlay District regulations of Subchapter III of Chapter 23.66, the International Special Review District, contain use provisions for IDR zones.

(Ord. 123589, § 46, 2011; Ord. 112303 § 3(part), 1985.)

A.

Height limits in International District Residential (IDR) zones are designated on the Official Land Use Map, Chapter 23.32.

B.

Except as otherwise expressly provided in this Section 23.49.236, the applicable height limits in an IDR zone are determined as set forth in this subsection 23.49.236.B:

1.

Where there are multiple height limits listed, the applicable height limit for structures containing only nonresidential and live-work uses is the first figure after the "IDR" designation, and is the height limit for all portions of a structure that contain those uses. The base height limit for portions of a structure that contain residential use, shown as the first figure following the "/", is the applicable residential height limit for portions of a structure that contain residential uses if the structure does not qualify for extra floor area under Section 23.49.023. The third figure shown, if any, is the applicable height limit for portions of a structure that contain residential uses if the structure qualifies for extra residential floor area under Section 23.49.023.

2.

Where only one height limit is listed, the limit applies to all uses.

C.

Rooftop features and certain additions to structures are allowed to exceed the applicable height limit according to subsection 23.66.332.B.

(Ord. 123589, § 47, 2011; Ord. 112303 § 3(part), 1985.)

A.

Scope; application to mixed-use structures. The provisions of this Section 23.49.242 apply in IDR and IDR/C zones. If residential and non-residential uses are combined in the same structure, the standards specified for the respective categories of use apply to that portion of the structure occupied by those uses. If uses subject to different standards are combined on the same story of a structure, the standards for the predominant use in the story apply. For purposes of this Section 23.49.242, live-work uses are considered entirely non-residential.

B.

Minimum lot size requirement. The minimum lot size is 21,000 square feet for any structure exceeding a height of 170 feet excluding rooftop features.

C.

Coverage limits

1.

Upper-level coverage limits do not apply to structures 85 feet in height or less excluding rooftop features on lots of 8,000 square feet or less in IDR zones, or to structures 125 feet in height or less excluding rooftop features on lots of any size in IDR/C zones, or to rooftop features that are identified in Section 23.66.332.

2.

For structures 170 feet in height or less, coverage limits are shown in Table A for 23.49.242.

3.

For structures exceeding 170 feet in height excluding rooftop features that include non-residential uses as the predominant use on any story wholly or in part above 45 feet in height, coverage limits are shown in Table B for 23.49.242.

4.

For structures exceeding 170 feet in height excluding rooftop features that include residential uses as the predominant use on every story wholly or in part above 45 feet in height, coverage limits are shown in Table C for 23.49.242.

5.

For any structure greater than 170 feet in height excluding rooftop features, gross floor area of any story that is eligible for coverage limit averaging under Table B for 23.49.242 or Table C for 23.49.242 shall not exceed 40 percent of the lot area, unless the average gross floor area of all stories eligible for averaging is no more than 9,000 square feet per story; and in any case no single story above a height of 85 feet shall exceed a gross floor area of 11,500 square feet. For purposes of this subsection 23.49.242.C.5, gross floor area for any story of less than 4,000 square feet is assigned a value of 4,000 square feet for the purpose of calculating average floor area.

D.

Setbacks

1.

The following minimum setbacks are required for structures on lots abutting a green street designated on Map 1F or another map identified in a note to Map 1F:

a.

In an IDR zone, a continuous upper-level setback of 15 feet is required from the green street lot line for all portions of the structure above 45 feet in height. This setback is not required if a structure is 65 feet in height or less, except on Maynard Avenue S.

b.

In an IDR/C zone, a continuous setback of 6 feet is required at street level from the green street lot line. For a structure exceeding 85 feet in height, a continuous upper-level setback of 16 feet is required from the green street lot line for all portions of the structure above a height of 65 feet.

2.

For a structure exceeding 85 feet in height excluding rooftop features, a continuous upper-level setback of 15 feet is required from each side lot line that is not a street or alley lot line for all portions of the structure above a height of 65 feet.

E.

Facade modulation

1.

For structures 170 feet or less in height excluding rooftop features, modulation is required for the portion of a street-facing facade above 65 feet in height and located less than 15 feet from street lot lines. No modulation is required for portions of a facade set back 15 feet or more from street lot lines.

2.

For structures exceeding 170 feet in height, modulation is required for the portion of a street-facing facade in non-residential use between 65 feet and 125 feet in height and located less than 15 feet from street lot lines. No modulation is required for portions of a facade set back 15 feet or more from street lot lines.

3.

For portions of structures subject to the modulation requirements of this subsection 23.49.242.E, the maximum length of a street-facing facade without modulation is prescribed in Table D for 23.49.242. For purposes of this subsection 23.49.242.E, length is measured parallel to each street lot line and includes projections from the street-facing facade, such as balconies.

4.

Any portion of a facade subject to modulation under subsection 23.49.242.E.1 or 23.49.242.E.2 that exceeds the maximum length of facade prescribed in Table D for 23.49.242 must include a portion set back a minimum depth of 15 feet from street lot lines for a minimum length of 30 feet.

F.

Maximum width. For any story predominantly in residential use above 85 feet in height in a structure that exceeds 170 feet in height not including rooftop features, the maximum width along the general north/south axis of a lot (parallel to the Avenues) is 100 feet. The projection of unenclosed decks and balconies, and architectural features such as cornices, is disregarded in calculating maximum width.

(Ord. 125371, § 15, 2017; Ord. 124843, § 43, 2015; Ord. 123589, § 48, 2011; Ord. 112303 § 3(part), 1985.)

A.

Street façade requirements, limits and standards. Street façade requirements, limits and standards in Section 23.49.210 for International District Mixed zones also apply to the street-facing facades that face Class I and Class II Pedestrian Streets and designated green streets in IDR zones, as shown on Map B for 23.66.326, on lots abutting those streets, unless waived or modified pursuant to subsection 23.49.250.B.

B.

Waiver or modification of requirements, limits and standards. The Director may waive or modify the requirements, limits and standards referred to in subsection 23.49.210.A as a Type I decision if, upon consultation with the Director of Neighborhoods, the Director determines that waiving or modifying a requirement, limit or standard will better meet the goals and objectives of Section 23.66.302 and Section 23.66.306.

(Ord. 123589, § 52, 2011.)

A.

Uses that are permitted or prohibited in Downtown Harborfront 1 are identified in Chapter 23.60A, except that major cannabis activity is prohibited.

B.

Permitted essential public facilities, except for light rail transit facilities, shall also be reviewed according to the provisions of Chapter 23.80. Light rail transit facilities are exempt from the development standards in this Subchapter VIII and shall be reviewed according to the provisions of Chapter 23.80.

(Ord. 127228, § 13, 2025; Ord. 127099, § 37, 2024; Ord. 124969, § 15, 2016; Ord. 117430, § 70, 1994; Ord. 112303, § 3(part), 1985.)

All uses shall meet the development standards of the Seattle Shoreline Master Program.

(Ord. 112303 § 3(part), 1985.)

Parking located at or above grade shall be screened according to the following requirements:

A.

Parking where permitted on dry land at street level shall be screened according to the provisions of Section 23.49.019, Parking quantity, access and screening/landscaping requirements.

B.

The perimeter of each floor of parking garages above street level shall have an opaque screen at least three and one-half (3½) feet high.

(Ord. 122054 § 69, 2006; Ord. 112303 § 3(part), 1985.)

A.

All uses shall be permitted outright except those which are specifically prohibited in Section 23.49.320, those which are permitted only as conditional uses by Section 23.49.324, and parking, which shall be regulated by Section 23.49.322. Additionally, uses may be further restricted by the Seattle Shoreline Master Program.

B.

All uses not specifically prohibited shall be permitted as either principal or accessory uses.

C.

Public facilities

1.

Except as provided in Section 23.49.324.D.2, uses in public facilities that are most similar to uses permitted outright under this Chapter 23.49 shall also be permitted outright subject to the same use regulations and development standards that govern the similar uses.

2.

Essential public facilities. Permitted essential public facilities, except for light rail transit facilities, shall also be reviewed according to the provisions of Chapter 23.80. Light rail transit facilities are exempt from the development standards in this Subchapter IX and shall be reviewed according to the provisions of Chapter 23.80.

(Ord. 127228, § 14, 2025; Ord. 118672 § 19, 1997; Ord. 117430, § 71, 1994; Ord. 112303 § 3(part), 1985.)

The following uses are prohibited as both principal and accessory uses:

A.

Drive-in businesses, except gas stations located in parking garages;

B.

Outdoor storage, except when accessory to water-dependent or water-related uses located in Downtown Harborfront 1 or Downtown Harborfront 2;

C.

Adult motion picture theaters and adult panorams;

D.

All general and heavy manufacturing uses;

E.

Solid waste management;

F.

Recycling;

G.

All high-impact uses;

H.

Work-release centers; and

I.

Major cannabis activity.

(Ord. 127099, § 38, 2024; Ord. 124969, § 16, 2016; Ord. 122311, § 58, 2006; Ord. 114623, § 11, 1989; Ord. 112777, § 31, 1986; Ord. 112303, § 3(part), 1985.)

A.

Flexible-use parking

1.

Flexible-use parking garages for both long-term and short-term parking shall be conditional uses, according to Section 23.49.324.

2.

Flexible-use surface parking areas shall be conditional uses in areas shown on Map 1I, and shall be prohibited in other locations, except that temporary flexible-use surface parking areas may be permitted as conditional uses pursuant to Section 23.49.324.

B.

Accessory Parking.

1.

Accessory parking garages for both long-term and short-term parking shall be permitted outright.

2.

Accessory surface parking areas shall be:

a.

Permitted outright when located in areas shown on Map 1I and containing twenty (20) or fewer parking spaces; or

b.

Permitted as a conditional use when located in areas shown on Map 1I and containing more than twenty (20) spaces; or

c.

Prohibited in areas not shown on Map 1I, except that temporary accessory surface parking areas may be permitted as a conditional use pursuant to Section 23.49.324.

(Ord. 125558, § 36, 2018; Ord. 122235, § 11, 2006; Ord. 120443, § 67, 2001; Ord. 112303, § 3(part), 1985.)

A.

All conditional uses shall meet the following criteria:

1.

The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2.

In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use, if it is determined that the negative impacts cannot be mitigated satisfactorily.

B.

Flexible-use parking garages for long-term or short-term parking may be permitted as conditional uses, if the Director finds that:

1.

Traffic from the garage will not have substantial adverse effects on traffic circulation in the area around the garage; and

2.

The entrances to the garages are located so that they will not disrupt traffic or transit routes; and

3.

The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation.

C.

Surface parking areas where permitted as an administrative conditional use by Section 23.49.322, and temporary surface parking areas located on lots vacant on or before January 1, 1985, or on lots which become vacant as a result of City-initiated abatement action, may be permitted as conditional uses according to the following standards:

1.

The standards stated for garages in subsection B of this section are met; and

2.

The lot is screened and landscaped according to the provisions of Section 23.49.019, Parking quantity, access and screening/landscaping requirements; and

3.

For temporary surface parking areas:

a.

At least twenty (20) percent of the long-term spaces shall be set aside for carpools, according to the provisions of Section 23.49.046 C3; and

b.

The permit may be issued for a maximum of two (2) years.

c.

Renewal of a permit for a temporary surface parking area shall be subject to the following:

(1)

Renewals shall be permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985 or located on lots vacant on or before January 1, 1985. A permit for a temporary surface parking area on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed; and

(2)

Renewal shall be for a maximum of two (2) years and shall be subject to conditional use approval. The Director must find that the temporary surface parking area continues to meet applicable criteria; and

d.

The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area such as curb cuts, paving and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires; and

e.

Signs at each entrance to the parking area stating the ending date of the permit shall be required.

D.

Public Facilities.

1.

Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses.

2.

When uses in public facilities meet the development standards of the Shoreline Master Program, where applicable, the City Council may waive or modify applicable development standards of the underlying zone or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3.

Other Uses Permitted in Public Facilities. When uses in public facilities meet the development standards of the Shoreline Master Program, where applicable, and unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4.

Expansion of Uses in Public Facilities.

a.

Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b.

Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

E.

Rooftop features listed in subsection 23.49.008.D.1.d more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76 according to the criteria of Section 23.49.008.

F.

Helistops and heliports may be permitted as Council conditional uses according to the following criteria:

1.

The helistop or heliport is for takeoff and landing of helicopters which serve a public safety, news gathering or emergency medical care function and, in the case of heliports, services provided for those helicopters; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan approved by the City Council and is not within two thousand (2,000) feet of a residential zone.

2.

The helistop or heliport is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and particularly on residentially zoned lots, public parks, and other areas where substantial public gatherings may be held, such as Safeco Field and Qwest Field, the Pike Place Market, and the Westlake Mall.

3.

The lot is of sufficient size that the operations of the helistop or heliport and the flight paths of the helicopters can be buffered from other uses in the surrounding area.

4.

Open areas and landing pads shall be hard-surfaced.

5.

The helistop or heliport meets all federal requirements including those for safety, glide angles, and approach lanes.

G.

Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:

1.

The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

2.

The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;

3.

The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.

(Ord. 126600, § 13, 2022; Ord. 125558, § 37, 2018; Ord. 123046, § 40, 2009; Ord. 122054, § 70, 2006; Ord. 119484, § 32, 1999; Ord. 118672, § 20, 1997; Ord. 116907, § 6, 1993; Ord. 116616, § 6, 1993; Ord. 114623, § 12, 1989; Ord. 114202, § 7, 1988; Ord. 113279, § 29, 1987; Ord. 112522, § 21, 1985; Ord. 112519, § 36, 1985; Ord. 112303, § 3, 1985.)

When a lot is in the Shoreline District, maximum height and lot coverage shall be regulated by the Seattle Shoreline Master Program, but may be reduced by the standards below.

(Ord. 112303 § 3(part), 1985.)

Standards for the facades of structures at street level are established for the following elements:

Minimum facade heights;

Setback limits;

Facade transparency;

Blank facade limits; and

Street trees.

These standards shall apply to each lot line that abuts a street designated on Map 1F as having a pedestrian classification. The standards for each street frontage shall vary according to the pedestrian classification of the street on Map 1F.

A.

Minimum Facade Height.

1.

Minimum facade height shall be as described in the table below, and as shown in Exhibit 23.49.332 A, but the minimum facade heights shall not apply when all portions of the structure are lower than the elevation of the required minimum facade height listed below.

* Except as modified by view corridor requirements.

2.

On designated view corridors described in Section 23.49.024, the minimum facade height shall be the required elevation of the setback when it is less than the minimum facade height required in subsection A1.

B.

Facade Setback Limits.

1.

Except when the entire structure is less than or equal to fifteen (15) feet in height, or when the minimum facade height established in subsection A of this section is fifteen (15) feet, the setback limits shall apply to the facade between an elevation of fifteen (15) feet above sidewalk grade and the minimum facade height established in subsection A of this section (and see Exhibit 23.49.332B). When the structure is less than or equal to fifteen (15) feet in height, the setback limits shall apply to the entire street facade. When the minimum facade height is fifteen (15) feet, the setback limits shall apply to the portion of the street facade that is fifteen (15) feet or less in height.

2.

The maximum area of all setbacks between the lot line and facade along each street frontage of a lot shall not exceed the area determined by multiplying the averaging factor times the width of the street frontage of the lot along that street (see Exhibit 23.49.332C). The averaging factor shall be thirty (30) on both Class II pedestrian streets and designated green streets. Parking shall not be located between the facade and the street property line.

3.

The maximum width, measured along the street property line, of any setback area exceeding a depth of fifteen (15) feet from the street property line shall not exceed eighty (80) feet, or thirty (30) percent of the lot frontage on that street, whichever is less. (See Exhibit 23.49.332 C.)

4.

The maximum setback of the facade from the street property line at intersections shall be ten (10) feet. The minimum distance the facade must conform to this limit shall be twenty (20) feet along each street. (See Exhibit 23.49.332 D.)

5.

Any exterior public open space that satisfies the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, shall not be considered part of a setback. (See Exhibit 23.49.332 B.)

6.

When sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street property line.

C.

Facade Transparency Requirements.

1.

Facade transparency requirements apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk, except that where the slope along the street frontage of the facade exceeds seven and one-half (7½) percent, the facade transparency requirements apply to the area of the facade between four (4) feet and eight (8) feet above sidewalk grade. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2.

Facade transparency requirements do not apply to portions of structures in residential use.

3.

When the transparency requirements of this subsection are inconsistent with the glazing limits in the Energy Code ^[10], this subsection shall apply.

4.

Transparency requirements are as follows:

a.

Class I pedestrian streets: A minimum of sixty (60) percent of the street-level facade shall be transparent.

b.

Class II pedestrian streets and Designated Green Streets: A minimum of thirty (30) percent of the street-level facade shall be transparent.

c.

When the slope of the street frontage of the facade exceeds seven and one-half (7½) percent, the required amount of transparency is reduced to fifty (50) percent on Class I pedestrian streets and twenty-five (25) percent on Class II pedestrian streets and designated green streets.

D.

Blank Facade Limits.

1.

General Provisions.

a.

Blank facade limits apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk, except where the slope along the street frontage of the facade exceeds seven and one-half (7½) percent, in which case the blank facade limits apply to the area of the facade between four (4) feet and eight (8) feet above sidewalk grade.

b.

Any portion of a facade that is not transparent shall be considered to be a blank facade.

c.

Blank facade limits shall not apply to portions of structures in residential use.

2.

Blank Facade Limits for Class I Pedestrian Streets.

a.

Blank facades are limited to segments fifteen (15) feet wide, except for garage doors which may exceed fifteen (15) feet. Blank facade width may be increased to thirty (30) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors may not exceed the width of the driveway plus five (5) feet.

b.

Any blank segments of the facade shall be separated from other blank segments by transparent areas at least two (2) feet wide.

c.

The total of all blank facade segments, including garage doors, shall not exceed forty (40) percent of the street facade of the structure on each street frontage; or fifty (50) percent if the slope of the street frontage of the facade exceeds seven and one-half (7½) percent.

3.

Blank Facade Limits for Class II Pedestrian Streets and Designated Green Streets.

a.

Blank facades shall be limited to segments thirty (30) feet wide, except for garage doors which may exceed thirty (30) feet. Blank facade width may be increased to sixty (60) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

b.

Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

c.

The total of all blank facade segments, including garage doors, shall not exceed seventy (70) percent of the street facade of the structure on each street frontage; or seventy-five (75) percent if the slope of the street frontage of the facade exceeds seven and one-half (7½) percent.

E.

Reserved.

F.

Street Tree Requirements. Street trees shall be required on all streets abutting a lot. When areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to Seattle Department of Transportation Tree Planting Standards.

(Ord. 123046, § 65, 2009; Ord. 122054 § 71, 2006; Ord. 121477 § 22, 2004; Ord. 120611, § 12, 2001; Ord. 120443, § 71, 2001; Ord. 118409 § 191, 1996: Ord. 116744 § 23, 1993; Ord. 112519 § 37, 1985; Ord. 112303 § 3(part), 1985.)

Exhibit 23.49.332A

Exhibit 23.49.332B

A.

Permitted uses within the Pike Place Market Historical District, shown on Map 1K, shall be determined by the Pike Place Market Historical Commission pursuant to the Pike Place Market Historical District Ordinance, Chapter 25.24, Seattle Municipal Code.

B.

In areas outside of the Pike Place Market Historical District in the Pike Market Mixed (PMM) zone, as shown on Map 1K, all uses are permitted outright except those specifically prohibited by Section 23.49.338.

C.

Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 122235, § 12, 2006; Ord. 120443, § 72, 2001; Ord. 118672 § 21, 1997; Ord. 117430, § 73, 1994; Ord. 112303 § 3(part), 1985.)

A.

The following uses are prohibited as both principal and accessory uses in areas outside of the Pike Place Market Historical District, Map 1K:

1.

Drive-in businesses, except gas stations located in parking garages;

2.

Outdoor storage;

3.

Adult motion picture theaters and adult panorams;

4.

Transportation facilities, except flexible-use parking;

5.

Major communication utilities;

6.

All general manufacturing uses;

7.

Solid waste management;

8.

Recycling;

9.

All industrial uses;

10.

Jails;

11.

Work-release centers; and

12.

Major cannabis activity.

B.

Within the Pike Place Market Historical District, Map 1K, uses may be prohibited by the Pike Market Historical Commission pursuant to Chapter 25.24.

(Ord. 127099, § 39, 2024; Ord. 125558, § 38, 2018; Ord. 124969, § 17, 2016; Ord. 122311, § 59, 2006; Ord. 122054 § 72, 2006; Ord. 120928 § 21, 2002; Ord. 120443, § 73, 2001; Ord. 116295, § 19, 1992; Ord. 114623 § 13, 1989; Ord. 112303, § 3(part), 1985.)

Map 1A: Downtown Zones and South Downtown Boundary

(Ord. 126917, § 3, 2023; Ord. 125291, § 27, 2017; Ord. 124680, § 11, 2015; Ord. 123589, § 53, 2011.)

Map 1B Street Classifications

(Ord. 125371, § 22, 2017; Ord. 123589, § 53, 2011.)

Map 1C Sidewalk Widths

(Ord. 125371, § 22, 2017; Ord. 123589, § 53, 2011.)

Map 1D View Corridors

(Ord. 123589, § 53, 2011.)

Map 1E Existing Public Benefit Features Under Title 24

(Ord. 123589, § 53, 2011.)

Map 1F: Pedestrian Street Classifications

(Ord. 125371, § 22, 2017; Ord. 124680, § 11, 2015; Ord. 123589, § 53, 2011.)

Map 1G: Street Level Uses Required

(Ord. 127198, § 10, 2025; Ord. 125371, § 22, 2017; Ord. 124680, § 11, 2015; Ord. 123589, § 53, 2011.)

Map 1H: Property Line Facades

(Ord. 125371, § 22, 2017; Ord. 124680, § 11, 2015; Ord. 123589, § 53, 2011.)

Map 1I Parking Uses Permitted

(Ord. 125558, § 27, 2018; Ord. 124843, § 44, 2015; Ord. 123589, § 53, 2011.)

Map 1J: Public Amenity Features

(Ord. 127198, § 10, 2025; Ord. 126685, § 34, 2022; Ord. 124680, § 11, 2015; Ord. 123589, § 53, 2011.)

Map 1K Pike Place Market

(Ord. 123589, § 53, 2011.)