23.41.004

A. Design review required 1. Subject to the exemptions in subsection 23.41.004.B, design review is required in the following areas or zones when development is proposed that exceeds a threshold in Table A or Table B for 23.41.004: a. Multifamily; b. Commercial; c. Seattle Mixed; and d. Downtown. 2. Subject to the exemptions in subsection 23.41.004.B, design review is required in the Industrial Commercial zone when commercial or institution development is proposed that exceeds a threshold in Table A or Table B for 23.41.004. 3. The gross floor area of the following uses is not included in the total gross floor area of a development for purposes of determining if a threshold is exceeded: a. Religious facilities; b. Childcare centers, elementary, and secondary schools; c. Uses associated with a Major Institution Master Plan (MIMP); or d. Development of a major institution use within a Major Institution Overlay (MIO) district. 4. Any development proposal participating in the Living Building or 2030 Challenge High Performance Existing Building Pilot Program according to Sections 23.40.060 and 23.40.070 , including a development proposal for an existing structure, regardless of size or site characteristics, is subject to full design review according to Section 23.41.014 . 5. Any development proposal that is located in a Master Planned Community zone and that includes a request for departures, regardless of size or site characteristics, is subject to full design review according to Section 23.41.014 . If a development proposal in a Master Planned Community zone does not include a request for departures, the applicable design review procedures are in Section 23.41.020 . A development proposal in a Master Planned Community zone, which includes a request for departures and provides affordable housing per subsection 23.41.004.A.5, shall be subject to administrative design review according to Section 23.41.016 . 6. Subject to the exemptions in subsection 23.41.004.B, design review is required for additions to existing structures when the size of the proposed addition or expansion exceeds a threshold in Table A or Table B for 23.41.004. Administrative design review, as described in Section 23.41.016 , is required for certain other additions to existing structures according to rules promulgated by the Director. Table A for 23.41.004 Design review thresholds by size of development and specific site characteristics outside of downtown and industrial zones If any of the site characteristics in part A of this table are present, the design review thresholds in part B apply. If none of the site characteristics in part A of this table are present, the design review thresholds in part C apply. A. Category Site Characteristic A.1. Context a. Lot is abutting or across an alley from a lot with neighborhood residential zoning. b. Lot is in a zone with a maximum height limit 20 feet or greater than the zone of an abutting lot or a lot across an alley. A.2. Scale a. Lot is 43,000 square feet in area or greater. b. Lot has any street lot line greater than 200 feet in length. A.3. Special features a. Development proposal includes a Type IV or V Council Land Use Decision. b. Lot contains a designated landmark structure. c. Lot contains a character structure in the Pike/Pine Overlay District. B. Development on a lot containing any of the specific site characteristics in part A of this table is subject to the thresholds below. Amount of gross floor area of development Design review type 1 B.1. Less than 8,000 square feet No design review 2, 3 B.2. At least 8,000 but less than 35,000 square feet Administrative design review B.3. 35,000 square feet or greater Full design review 4 C. Development on a lot not containing any of the specific site characteristics in part A of this table is subject to the thresholds below. Amount of gross floor area of development Design review type 1 C.1. Less than 8,000 square feet No design review 2, 3 C.2. At least 8,000 but less than 15,000 square feet Streamlined design review C.3. At least 15,000 but less than 35,000 square feet Administrative design review C.4. 35,000 square feet or greater Full design review 4 Footnotes to Table A for 23.41.004 1 Applicants for any development proposal subject to administrative design review may choose full design review instead, and applicants for any project subject to streamlined design review may choose administrative or full design review. 2 The following development is subject to streamlined design review: (1) development that is at least 5,000 square feet but less than 8,000 square feet and (2) is proposed on a lot that was rezoned from a neighborhood residential zone to a Lowrise 1 (LR1) zone or Lowrise 2 (LR2) zone, within five years after November 4, 2017. This requirement shall only apply to applications for new development submitted on or before December 31, 2023. 3 The following development is subject to administrative design review: (1) development that is at least 5,000 square feet but less than 8,000 square feet and (2) is proposed on a lot that was rezoned from a neighborhood residential zone to a Lowrise 3 (LR3) zone, any Midrise zone, Highrise zone, Commercial (C) zone, or Neighborhood Commercial (NC) zone, within five years after November 4, 2017. This requirement shall only apply to applications for new development submitted on or before December 31, 2023. 4 Development proposals that would be subject to the full design review, may elect to be reviewed pursuant to the administrative design review process according to Section 23.41.016 if the applicant elects the MHA performance option according to Sections 23.58B.050 or 23.58C.050 . If the applicant elects administrative design review process pursuant to this footnote 4 to Table A for 23.41.004, the applicant shall not be eligible to change its election between performance and payment pursuant to subsections 23.58B.025.C.3 or 23.58C.030.C.3. Table B for 23.41.004 Design review thresholds by size of development in downtown and industrial zones Zone Amount of gross floor area of development Design review type A. All DOC1, DOC2, or DMC zones 50,000 square feet or greater Full design review B. All DRC, DMR, DH1, DH2, PMM zones outside the Pike Place Market Historical District, IB, or IC zones 20,000 square feet or greater Full design review B. Exemptions. The following are exempt from design review: 1. Development located in special review districts established by Chapter 23.66 ; 2. Development in Landmark districts established by Title 25 ; 3. Development within the historic character area of the Downtown Harborfront 1 zone; 4. Development that is subject to shoreline design review pursuant to Chapter 23.60A ; 5. New light rail transit facilities that are subject to review by the Seattle Design Commission; 6. City facilities that are subject to review by the Seattle Design Commission; 7. Development within neighborhood residential or residential small lot zones; and 8. Low-income housing. C. Optional design review 1. Design review. Development proposals that are not subject to design review may elect to be reviewed pursuant to the full, administrative, or streamlined design review process if: a. The development proposal is in any zone or area identified in subsection 23.41.004.A.1 or 23.41.004.A.2 or in the Stadium Transition Area Overlay District, except development that is within a Master Planned Community zone is not eligible for optional design review; and b. The development proposal does not include the uses listed in subsection 23.41.004.A.3. 2. Administrative design review. According to the applicable process described in Section 23.41.016 , administrative design review is optional for a development proposal that is not otherwise subject to this Chapter 23.41 and is on a site that contains a Tier 1 and/or Tier 2 tree, as defined in Section 25.11.130 , when the ability to depart from development standards may result in protection of the tree as provided in Section 25.11.070 . D. Exemptions; applicability. Low-income housing that vests according to Section 23.76.026 prior to the effective date of this ordinance may also use the design review exemption authorized according to subsection 23.41.004.B.8. E. Temporary provisions 1. Reserved. 2. Reserved. 3. Downtown Activation Plan a. A development proposal that is subject to design review according to this Section 23.41.004 shall be exempt from this Chapter 23.41 , unless ineligible for exemption due to other code provisions, if: 1) The proposal includes residential use comprising at least 50 percent of its chargeable floor area, except if at least 50 percent of the chargeable floor area in nonresidential use is lodging then no residential use is required; or includes a research and development laboratory use; and 2) The proposal is located on a property within the Downtown Regional Center, Uptown Regional Center, South Lake Union Regional Center, First Hill/Capitol Hill Regional Center, or an area within the Greater Duwamish Manufacturing and Industrial Center, as shown on Map A for 23.41.004; or within an area included in an adopted expansion area of a regional center or manufacturing and industrial center shown on Map A for 23.41.004; and 3) The applicant files a letter of eligibility for exemption pursuant to subsection 23.76.010.G, provided that permit application materials are subsequently filed per subsection 23.76.026.A.4; and 4) The proposal does not involve a Type IV or Type V Council land use decision. b. Waiver or modification of development standard. If a project is exempt from design review according to this subsection 23.41.004.E.3, the Director may consider requests for waivers or modifications of the following development standards in Title 23 : 1) Upper-level setbacks, modulation, articulation, facade opening requirements, and structure width; 2) Street level setbacks and facade setbacks: dimensional and area limits; 3) Floor-to-floor height requirements at street level, except as otherwise limited in subsection 23.41.012.B; 4) Rooftop screening and coverage limits in relation to mechanical equipment, energy-related features, elevator equipment, and related enclosures; 5) Street-level use type, minimum depth, and percent presence on street-level street-facing facade requirements; 6) Facade transparency and blank facade requirements; 7) Overhead weather protection requirements; 8) Requirements for the size and design of common recreational areas, amenity areas, community rooms, and similar indoor amenities, but not including required outdoor open space requirements; 9) Open space and open areas: dimensional, area, distribution of types, and amount of overhead coverage requirements, except standards for open space amenities provided to meet requirements of Chapter 23.58A ; 10) Landscaping: dimensional, area, and location requirements; 11) Minimum dimensions and slope of vehicle access; 12) Parking space size requirements in subsections 23.54.030.A and 23.54.030.B; 13) Bicycle parking minimum quantity requirements in Table D for 23.54.015; and 14) Provisions of the MPC-YT zone, except: affordable housing production requirements in Section 23.75.085 ; limits on floor area for uses in Sections 23.75.040 , 23.75.085 , or 23.75.090 ; and limits on the number of highrise structures, distribution of highrise structures, and gross floor area per story for highrise structures in Section 23.75.040 or Section 23.75.120 . c. Decision on waiver or modification of development standards. Requests for waiver or modification of development standards according to subsection 23.41.004.E.3.b shall be evaluated by the Director and may be granted by the Director as a Type I decision if a waiver or modification of development standards would result in an increased number of dwelling units, lodging rooms, or increased floor area of a research and development laboratory use, being constructed. Map A for 23.41.004 Areas subject to interim design review exemption F. Temporary provisions made by Ordinance 127309 for design review 1. Developments with units provided on-site to comply with Chapter 23.58C through the performance option a. A development proposal subject to design review under subsection 23.41.004.A that is complying with Chapter 23.58C solely through the performance option by providing affordable units on-site according to subsection 23.58C.050.C shall be exempt from design review if the applicant files a valid and complete building permit application electing the exemption while Ordinance 127309 is in effect. b. A development proposal subject to design review under subsection 23.41.004.A that is complying with Chapter 23.58C solely through the performance option by providing affordable units on-site according to subsection 23.58C.050.C that is vested according to Section 23.76.026 prior to October 27, 2025 may elect to be processed as allowed by this subsection 23.41.004.F. c. The design review exemption under this subsection 23.41.004.F.1 shall be rescinded for a development proposal that changes from the performance option to the payment option at any time prior to issuance of a building permit. d. Requests for departures. If a project subject to design review under subsection 23.41.004.A is exempt from design review according to this subsection 23.41.004.F.1, the Director may consider requests for departures from any development standard in this Title 23 , except as otherwise limited in subsection 23.41.012.B. e. Departures decision. Requests for departures according to subsection 23.41.004.F.1.d shall be evaluated and may be granted by the Director as a Type I decision if the departure would result in additional housing units being constructed. f. The provisions of this subsection 23.41.004.F.1 shall be in effect for six months from October 27, 2025. 2. Low-income housing a. Notwithstanding any contrary provision of this Title 23 , the Director may consider requests for departures from any development standard in this Title 23 , except as otherwise limited in subsection 23.41.012.B, for low-income housing. b. Departures decision. Requests for departures shall be evaluated by the Director, in consultation with the Office of Housing, in light of the particular population designed to be served by the project, and may be granted by the Director as a Type I decision if the departure would result in additional housing units being constructed. c. The provisions of this subsection 23.41.004.F.2 shall be in effect for six months from October 27, 2025. G. Interim suspension of required design review for all proposed development 1. Notwithstanding any contrary provision of this Title 23 and Title 25 , including but not limited to Chapters 23.40 , 23.41 , 23.42 , 23.45 , 23.47A , 23.48 , 23.49, 23.57 , 23.58B , 23.58C , 23.60A , 23.61 , 23.73 , 23.76 , 25.05 , 25.11 , 25.16 . 25.20 , and 25.22 , required design review is temporarily suspended for all proposed development. 2. Applicants of proposed development that is being reviewed pursuant to the full, administrative, or streamlined design review process as of October 27, 2025 may elect to continue review under the design review process or withdraw the proposed development from the design review process. Applicants of all other proposed development may elect, at any time during the effective period of Ordinance 127309 , their proposed development be reviewed pursuant to the full, administrative, or streamlined design review process. Applicants with projects meeting the thresholds for full design review pursuant to subsection 23.41.004.A that elect to continue review, or elect review, under the design review process may choose administrative design review. 3. The provisions of this subsection 23.41.004.G shall be in effect for six months from October 27, 2025. (Ord. 127375 , § 29, 2025; Ord. 127309 , § 1, 2025; Ord. 127100 , § 1, 2024; Ord. 127099 , § 8, 2024; Ord. 126862 , § 6, 2023; Ord. 126855 , § 4, 2023; Ord. 126854 , § 1, 2023; Ord. 126821 , § 7, 2023; Ord. 126741 , § 2, 2022; Ord. 126685 , § 4, 2022; Ord. 126509 , § 25, 2022 [zone name change]; Ord. 126287 , § 1, 2021; Ord. 126188 , § 2, 2020; Ord. 126157 , § 9, 2020; Ord. 126072 , § 2, 2020; Ord. 125603 , § 7, 2018; Ord. 125429 , § 5, 2017)