23.41.012

A. The Director may waive or modify application of a development standard to a development proposal if the Director decides that waiver or modification would result in a development that better meets the intent of adopted design guidelines. B. Departures may be granted from any Land Use Code standard or requirement, except for the following: 1. Procedures; 2. Definitions; 3. Measurements; 4. Provisions of the Shoreline District, Chapter 23.60A ; 5. Lot configuration standards in subsections 23.22.100.C.3, 23.24.040.A.9, and 23.28.030.A.3; 6. Permitted, prohibited, or conditional use provisions, except that departures may be granted from development standards for required street-level uses, subject to the limitations of subsection 23.41.012.B.34; 7. Maximum size of use; 8. Residential density limits; 9. Noise and odor standards; 10. Floor area ratios (FAR), except that: a. In the Pike/Pine Conservation Overlay District shown on Map A for 23.73.004, departures from the development standards for floor area exemptions from FAR calculations in subsection 23.73.009.C and for retention of a character structure on a lot in Section 23.73.015 are allowed; b. Departures of up to an additional 0.5 FAR may be granted if the applicant demonstrates that: 1) The departure is needed to protect a tree that is located on the lot that is either a Tier 1 or Tier 2 tree, as defined in Section 25.11.130 ; and 2) Avoiding development in the tree protection area will reduce the total development capacity of the site; 11. Structure height, except that: a. Within the Roosevelt Commercial Core building height departures up to an additional 3 feet may be granted for properties zoned NC3-75 (Map A for 23.41.012, Roosevelt Commercial Core); b. Within the Uptown Regional Center building height departures up to 3 feet of additional height may be granted if the top floor of the structure is set back at least 6 feet from all lot lines abutting streets; c. Within the Upper Queen Anne Urban Center and Neighborhood Commercial zones as shown on Map B for 23.41.012, Upper Queen Anne Commercial Areas, building height departures up to 3 feet of additional height may be granted if the top floor of the structure is set back at least 6 feet from all lot lines abutting streets; d. Within the PSM 85-120 zone in the area shown on Map A for 23.49.180, departures may be granted from development standards that apply as conditions to additional height, except for floor area ratios and provisions for adding bonus floor area above the base FAR; e. Within the Pike/Pine Conservation Overlay District shown on Map A for 23.73.004, departures may be granted from: 1) Development standards that apply as conditions to additional height in subsections 23.73.014.A and 23.73.014.B; and 2) The provision for receiving sites for transfer of development potential in subsection 23.73.024.B.5; f. Departures of up to 10 feet of additional height may be granted if the applicant demonstrates that: 1) The departure is needed to protect a tree that is located on the lot that is either a Tier 1 or Tier 2 tree, as defined in Section 25.11.130 ; and 2) Avoiding development in the tree protection area will reduce the total development capacity of the site; g. In Midrise and Highrise zones, Seattle Mixed, and in all commercial and downtown zones, departures for rooftop features may be granted from rooftop coverage limits and setback standards from the roof edge, but not from the height limits for rooftop features. 12. Provisions of Chapter 23.52 ; 13. Provisions of Chapter 23.53 , except that departures may be granted from the access easement standards in Section 23.53.025 ; 14. Quantity of parking required, minimum and maximum parking limits, and minimum and maximum number of drive-in lanes; 15. Standards for solid-waste and recyclable materials storage and access in Section 23.54.040 ; 16. Provisions of Chapter 23.58A , except that departures may be granted from the requirements of subsections 23.48.021.C.1.b.2, 23.48.021.C.1.b.3.a, 23.48.021.C.1.b.4, and 23.48.021.C.1.b.5; 17. Provisions of Chapter 23.58B and Chapter 23.58C ; 18. In SM-SLU zones, floor area limits for all uses provided in subsections 23.48.245.A, 23.48.245.B.1, 23.48.245.B.2, and 23.48.245.B.3, except that departures of up to a five percent increase in floor area limit for each story may be granted for structures with non-residential uses meeting the requirements of subsections 23.48.245.B.1.d.1 and 23.48.245.B.1.d.2; 19. In SM-SLU zones, provisions in Section 23.48.245 for upper-level setbacks; 20. In SM-SLU zones, provisions in Section 23.48.245 limiting the number of towers permitted per block, except that departures may be granted from the condition contained in subsection 23.48.245.F.5.b that requires a minimum tower separation, up to the minimum amount of separation necessary to achieve the maximum floor area allowed by subsection 23.48.245.B.1.d and only if the development proposal includes a site or improvement that is subject to Landmark controls and incentives imposed pursuant to Chapter 25.12 ; 21. In Downtown zones, provisions in Chapter 23.49 for exceeding the base FAR or achieving bonus development; 22. In Downtown zones, provisions in Section 23.49.036 for the minimum size for planned community developments; 23. In Downtown zones, the average floor area limit for stories in residential use in Table B for 23.49.058; 24. In Downtown zones, provisions in Section 23.49.041 for combined lot developments; 25. In the Downtown Mixed Commercial 170 zone, minimum floor-to-floor height for street-level uses required as a condition of the additional height allowed by subsection 23.49.008.E; 26. In Downtown zones, downtown view corridor requirements, except that departures may be granted to allow open railings on upper-level roof decks or on rooftop open space to project into the required view corridor, if the railings are determined to have a minimal impact on views; 27. In Downtown zones, the quantity of open space required for major office projects as provided in subsection 23.49.016.B; 28. In Downtown zones, standards for the location of access to parking; 29. In Downtown Mixed Commercial zones, tower spacing requirements contained in subsection 23.49.058.D; 30. Within the Pike/Pine Conservation Overlay District shown on Map A for 23.73.004, the requirement that all character structures on a lot be retained in order to qualify as a transferable development potential (TDP) receiving site in subsection 23.73.024.B, the exception allowing additional FAR for non-residential uses in subsection 23.73.009.B, the FAR exemption for residential uses in subsection 23.73.009.C.3, the exception to floor area limits in subsections 23.73.010.B.1 and 23.73.010.B.2, the exception for width and depth measurements in subsection 23.73.012.B, or the exception for an additional 10 feet in height in subsection 23.73.014.B. a. However, departures from the development standards identified above may be granted under the following conditions: 1) The character structure is neither a designated Seattle Landmark nor identified in a rule promulgated by the Director according to Section 23.73.005 ; and 2) The proposed development entails the demolition of a wood-frame character structure originally built as a single-family residence or single-family accessory structure; or 3) The proposed development entails the demolition of a character structure that is determined to have insufficient value to warrant retention when the following applies: a) The structure lacks a high degree of architectural integrity as evidenced by extensive irreversible exterior remodeling; or b) The structure does not represent the Pike/Pine neighborhood's building typology that is characterized by the use of exterior materials and design elements such as masonry, brick, and timber; multi-use loft spaces; very high and fully glazed ground-floor storefront windows; and decorative details including cornices, emblems, and embossed building names; or c) Demolishing the character structure would allow for more substantial retention of other, more significant character structures on the lot, such as a structure listed in a rule promulgated by the Director according to Section 23.73.005 ; or would allow for other key neighborhood development objectives to be achieved, such as improving pedestrian circulation by providing through-block connections, developing arts and cultural facilities, or siting publicly accessible open space at key neighborhood locations. b. In addition to the provisions of subsection 23.41.012.B.30.a, the following provisions apply: 1) At least one character structure shall be retained on the lot if any of the following are to be used by the development proposal: a) Subsection 23.73.009.C.3 regarding the FAR exemption for residential uses; b) Subsection 23.73.010.B.2 regarding increases in the floor area limits; c) Subsection 23.73.012.B regarding the exception from width and depth measurements; or d) Subsection 23.73.014.B regarding the exception allowing for an additional 10 feet in height. 2) A departure may allow removal of character structures if the requirement for retaining structures is limited to the following: a) Subsection 23.73.009.B regarding the exception to allow additional FAR for non-residential uses; b) Subsection 23.73.010.B.1 regarding increases in the floor area limits; or c) Section 23.73.024 for the use of TDP on a lot that is an eligible TDP receiving site under the provisions of subsection 23.73.024.B; 31. In the MPC-YT zone, affordable housing production requirements in Section 23.75.085 ; 32. In the MPC-YT zone, limits on floor area for uses in Sections 23.75.040 , 23.75.085 , or 23.75.090 ; 33. In the MPC-YT zone, 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 ; 34. In pedestrian-designated zones, provisions for residential uses at street level, as provided in subsection 23.47A.005.C.1, except that a departure may be granted to allow residential uses at street level to occupy, in the aggregate, no more than 50 percent of the street-level, street-facing facade; 35. In pedestrian-designated zones, provisions for transparency requirements, as provided in subsection 23.47A.008.B, except that departures may be granted to reduce the required transparency from 60 percent to no less than 40 percent of the street-facing facade; 36. In pedestrian-designated zones, provisions for height requirements for floor-to-floor height, as provided in subsection 23.47A.008.B, except that departures to allow a mezzanine with less than the minimum floor-to-floor height may be granted provided that the outer edge of the mezzanine floor is at least 15 feet from the exterior wall facing a principal pedestrian street; 37. Area-specific development standards for Lake City, identified in subsection 23.47A.009.E, except departures may be requested if the development provides at least one of the following features: a. A usable open space that: 1) Abuts the street; 2) Is no more than 4 feet above or 4 feet below the adjacent sidewalk grade; 3) Has a minimum width equal to 30 percent of the width of the street-facing facade or 20 feet, whichever is greater; and 4) Has a minimum depth of 20 feet measured from the abutting street lot line. b. An east-west, through-block pedestrian passageway that: 1) Has a minimum width of 20 feet and provides direct and continuous passage between the north/south rights-of-way abutting the lot; and 2) Is designed to provide safe pedestrian use, including signage identifying the passageway; and 38. For lots 40,000 square feet or greater in size, area-specific development standards for Ballard identified in subsections 23.47A.009.F.2, 23.47A.009.F.3, and 23.47A.009.F.4.b, except that departures may be requested if the development provides at least one of the following features: a. A usable open space that: 1) Abuts the street; 2) Is no more than 4 feet above or 4 feet below the adjacent sidewalk grade; 3) Has a minimum width equal to 30 percent of the width of the street-facing facade or 20 feet, whichever is greater; and 4) Has a minimum depth of 20 feet measured from all street lot lines. b. A separation between structures that: 1) Has a minimum east-west dimension width of 20 feet; 2) Is no more than 4 feet above or below the adjacent sidewalk grades; and 3) Is either developed as: a) A north-south through block pedestrian passageway; b) A woonerf; c) An amenity area that is available for public use and not counting towards the minimum requirement of Section 23.47A.024 ; or d) A combination thereof. C. Departures authorized by this Section 23.41.012 do not limit the approval of waivers or modifications of development standards permitted by other provisions of this Title 23 or other titles of the Seattle Municipal Code. D. Departures for the Living Building and 2030 Challenge High Performance Existing Building Pilot Programs 1. Criteria for departures. Departures from Land Use Code requirements for projects qualifying for the Living Building and 2030 Challenge High Performance Existing Building Pilot Programs pursuant to Sections 23.40.060 and 23.40.070 may be allowed if an applicant demonstrates that the departure would result in a development that better meets the intent of adopted design guidelines or that the departure would result in a development that better meets the goals of the Living Building Pilot Program or the 2030 Challenge High Performance Existing Building Pilot Program and would not conflict with adopted design guidelines. 2. Scope of departures. In addition to the departures allowed under subsection 23.41.012.B, departures for projects qualifying for the Living Building and 2030 Challenge High Performance Existing Building Pilot Programs established under Sections 23.40.060 and 23.40.070 may also be granted for the following: a. Permitted, prohibited, or conditional use provisions, but only for accessory uses that would directly address the standards contained in subsection 23.40.060.B and subsection 23.40.070.B, including but not limited to uses that could re-use existing waste streams or reduce the transportation impacts of people or goods; b. Residential density limits; c. Maximum size of use; d. Quantity of parking required, minimum and maximum parking limits, and minimum and maximum number of drive-in lanes; e. Standards for storage of solid-waste containers; f. The quantity of open space required for major office projects in Downtown zones in subsection 23.49.016.B; g. Standards for the location of access to parking in Downtown zones; and h. Standards for structural building overhangs and minor architectural encroachments in Section 23.53.035 . Map A for 23.41.012 Roosevelt Commercial Core Map B for 23.41.012 Upper Queen Anne Commercial Areas ( 2020s Ord. 127375 , § 30, 2025; Ord. 127099 , § 9, 2024; Ord. 126821 , § 7, 2023; Ord. 126157 , § 10, 2020. 2010s Ord. 125927 , § 1, 2019; Ord. 125843 , § 2, 2019; Ord. 125612 , § 4, 2018; Ord. 125603 , § 8, 2018; Ord. 125429 , § 9, 2017; Ord. 125291 , § 3, 2017; Ord. 125272 , § 9, 2017; Ord. 125233 , § 2, 2016; Ord. 125163 , § 3, 2016; Ord. 124883 , § 7, 2015; Ord. 124869 , § 2, 2015; Ord. 124843 , § 12, 2015; Ord. 124770 , § 3, 2015; Ord. 124680 , § 1, 2015; Ord. 124535, § 2, 2014; Ord. 124503 , § 1, 2014; Ord. 124378 , § 11, 2013; Ord. 124172, § 3, 2013; Ord. 124105 , § 12, 2013 [cross-reference update]; Ord. 123963, § 17, 2012; Ord. 123942, § 2, 2012; Ord. 123809, § 5, 2012; Ord. 123776, § 3, 2011 [cross-reference update]; Ord. 123392, § 2, 2010. 2000s Ord. 123206, § 5, 2009; Ord. 123046, § 65, 2009 [amended "chart" to "table"]; Ord. 123034, § 2, 2009; Ord. 122994, § 2, 2009; Ord. 122935, § 1, 2009; Ord. 122311 , § 20, 2006; Ord. 122235, § 1, 2006; Ord. 122054, § 6, 2006.)