23.58A.004

A. Scope and applicability 1. General rule. The terms set forth in quotations in this Section 23.58A.004 , when used in this Chapter 23.58A , have the meanings set forth in this Section 23.58A.004 unless the context otherwise requires. 2. Definitions in Chapter 23.84A . Definitions in this Chapter 23.58A or in the applicable provisions of the zone supersede any definitions of the same terms in Chapter 23.84A for purposes of the provisions of this Chapter 23.58A , unless specified otherwise in this Chapter 23.58A . B. Defined terms - General "Affordable housing" means restricted units provided as a condition to bonus floor area that are affordable to and reserved solely for "income-eligible households." "Base FAR" means base floor area ratio, which is the non-residential floor area that may be allowed under the provisions of the zone limiting floor area, expressed as a multiple of the lot area, without use of any bonuses, transfer of development capacity, other incentive provisions, or any departures, waivers, variances or special exceptions. "Base residential floor area" means: 1. For a lot in South Downtown in a PSM, IDM, IDR, DMR or DMC zone from which TDP is transferred, six times the lot area; and 2. For all other lots, the amount of residential floor area allowable on the lot under the provisions of the zone that expressly limit floor area, excluding any floor area exempted from the limits, without use of any bonuses, transfer of development capacity, other incentive provisions, or any departures, waivers, variances or special exceptions, and before giving effect to any transfer of residential development potential to another lot. "Base height limit" means the height limit that would apply under the provisions of the zone based upon the proposed uses in a structure, if the applicant did not qualify for any additional height dependent on the provisions of this Chapter 23.58A , after giving effect to any additional height that is actually allowed for the pitched roof of a structure and any additional height that is or would be allowed under the provisions of the zone because of the slope of the lot, but before giving effect to any allowance for rooftop features or any departure, waiver, variance or special exception. "Bonus floor area" means bonus residential floor area or bonus non-residential floor area. "Bonus non-residential floor area" means extra non-residential floor area allowed pursuant to the bonus provisions in subchapters III and V of this Chapter 23.58A . It does not include extra floor area gained through TDR. "Bonus residential floor area" means extra residential floor area allowed pursuant to the bonus provisions in subchapters II and V of this Chapter 23.58A . It does not include extra floor area gained through TDP. "Certificate of occupancy" means the first certificate of occupancy issued by the City for a project, whether temporary or permanent, unless otherwise specified. "Extra floor area" means extra residential floor area or extra non-residential floor area. "Extra residential floor area" means the gross floor area of all residential development allowed in addition to a base height limit or base residential floor area limit, or both, under the provisions of this Chapter 23.58A or under any other provisions of this Title 23 referring to this Chapter 23.58A that allow a bonus or a transfer of development rights or development capacity. It includes, without limitation, gross floor area in residential use in all stories wholly or in part above the base height limit, and all bonus residential floor area. In the IDM 75/85-150 zone, hotel use in a mixed-use project may be counted as extra residential floor area subject to subsection 23.49.023.A and subsection 23.49.208.E. "Extra non-residential floor area" means the non-residential floor area of all non-residential development allowed in addition to base FAR or to a base height limit for non-residential use, or both, under the provisions of this Chapter 23.58A or under any other provisions of this Title 23 referring to this Chapter 23.58A that allow a bonus or a transfer of development rights or development capacity. It includes, without limitation, gross floor area in non-residential use in all stories wholly or in part above the base height limit for non-residential use, and all bonus non-residential floor area. "Housing bonus residential floor area" means extra residential floor area allowed on condition that affordable housing be provided, or that a payment in lieu thereof be made, under Subchapter II of this Chapter 23.58A . "Housing and child care bonus non-residential floor area" means extra non-residential floor area allowed under Subchapter III of this Chapter 23.58A on condition that affordable housing be provided or a payment in lieu of affordable housing be made and that a child care facility be provided or a payment in lieu of a child care facility be made. "Income-eligible households" means: 1. For rental affordable housing units, except affordable housing units with net unit area equal to or less than 400 square feet and sleeping rooms in a congregate residence, households with annual incomes no higher than the lower of: a. 80 percent of median income; or b. The maximum level permitted for rental housing units by RCW 36.70A.540 in effect when the agreement for the affordable housing is executed. 2. In the case of ownership affordable housing units, households with incomes no higher than the lesser of: a. 100 percent of median income, or b. The maximum level permitted for owner occupancy housing units by RCW 36.70A.540 in effect when the agreement for the affordable housing is executed. 3. For affordable housing units with net unit area equal to or less than 400 square feet and sleeping rooms in a congregate residence, households with annual incomes no higher than 40 percent of median income. For this purpose, the resident(s) of each sleeping room in a congregate residence is one household. "Payment option" means making a payment to the City in lieu of providing affordable housing, child care, or any amenity or feature, to qualify for bonus floor area. "Performance option" means providing or committing to provide a physical facility, or a portion or feature of a project, such as affordable housing, to qualify for bonus floor area. "Provisions of the zone" means one or more provisions of another chapter of this Title 23 relating to allowable floor area or height, or to the allowance of extra floor area or additional height, or to the transfer of development capacity, for the area in which the lot on which extra floor area is used or proposed is located or the location from which TDR or TDP may be transferred. (Ord. 126855 , § 42, 2023; Ord. 124608 , § 12, 2014; Ord. 124172, § 50, 2013; Ord. 123589, § 69, 2011; Ord. No. 123209, § 58, 2009; Ord. 122882, § 1, 2008.)