23.45.560

A. Development that meets all of the following criteria may elect to meet the development standards in subsections 23.45.560.B and 23.45.560.C in lieu of the standards in subsections 23.45.510.B and 23.45.510.C (floor area) and subsections 23.45.514.A and 23.45.514.B (height): 1. At least 25 percent of the dwelling units in the development are restricted units subject to a regulatory agreement, covenant, or other legal instrument enforceable by The City of Seattle that, for a period of 50 years, ensures that the units are affordable to and reserved solely for: a. In the case of rental units, households with annual incomes no higher than 60 percent of median income; or b. In the case of ownership units, households with annual incomes no higher than 80 percent of median income. 2. The restricted units are generally distributed throughout the development and have substantially the same functionality as unrestricted units, if any, in the development; 3. To the extent practicable, the restricted units are comparable to unrestricted units, if any, in terms of square footage and number of bedrooms and bathrooms; 4. The tenure (i.e., rental or ownership) of restricted units and unrestricted units, if any, is the same; 5. If the development containing the restricted units is demolished or converted to a nonresidential use prior to the end of the 50-year affordability period, the Director shall require the owner to make a payment in lieu of continuing affordability; 6. For ownership housing, the restricted units are stewarded by a qualified non-profit organization, which for purposes of this subsection 23.45.560.A means a non-profit organization that the Office of Housing determines as experienced in the development and stewardship of permanently affordable homes, including: a. Pre-purchase verification of income and other requirements for eligible households, affordable sale price calculations for approval by the Office of Housing, and execution of legal restrictions on the property; and b. Post-purchase support for homeowners by facilitating resales, monitoring compliance with financial, owner occupancy, and other legal requirements, and clear communication of program guidelines and restrictions. 7. At such times as may be required by the Director of Housing but no less than annually, the property owner (for rental housing) or the qualified non-profit organization (for ownership housing) agree to file property reports with the Office of Housing, verified upon oath or affirmation, which shall contain such information as the Office of Housing may deem necessary to determine compliance with this subsection 23.45.560.A and the regulatory agreement, covenant, or other legal instrument; and 8. In zones that have a mandatory housing affordability suffix, the restricted units shall count towards any obligation to provide MHA-R units according to subsection 23.58C.050.A, provided that subsections 23.58C.050.B through 23.58C.050.E, except for subsection 23.58C.050.C.8, shall apply to any dwelling units so counted and shall govern over any conflicting requirements of this subsection 23.45.560.A. B. Floor area 1. Development permitted pursuant to this Section 23.45.560 is subject to the FAR limits as shown in Table A for 23.45.560. Table A for 23.45.560 FAR limits for development permitted pursuant to Section 23.45.560 Zone Base FAR Maximum additional exempt FAR 1 LR1 2.0 2 0.5 LR2 2.0 0.5 LR3 outside regional centers and urban centers 3.0 0.5 LR3 inside regional centers and urban centers 3.5 0.5 MR 5.0 0.5 HR 16 1.0 Footnotes to Table A for 23.45.560 1 Gross floor area for uses listed in subsection 23.45.560.B.2 are exempt from FAR calculations up to this amount. 2 Except that lots in LR1 zones that have previously been zoned RSL have a base FAR of 2.7. 2. In addition to the FAR exemptions in subsection 23.45.510.D, an additional FAR exemption up to the total amount specified in Table A for 23.45.560 is allowed for any combination of the following floor area: a. Floor area in units with two or more bedrooms and a minimum net unit area of 850 square feet; b. Floor area of a religious facility; c. Floor area in a structure designated as a Landmark pursuant to Chapter 25.12 ; and/or d. Any floor area in a development located within a frequent transit service area. C. Maximum height 1. Development permitted pursuant to this Section 23.44.560 is subject to the height limits as shown in Table B for 23.45.560. Table B for 23.45.560 Structure height for development permitted pursuant to Section 23.45.560 Zone Height limit (in feet) LR1 55 LR2 55 LR3 65 MR 95 HR 480 (Ord. 127376 , § 47, 2025.)