23.48.220

A. General provisions 1. Except as otherwise specified in this subsection 23.48.220.A, FAR limits for specified SM zones within the South Lake Union Regional Center are as shown in Table A for 23.48.220 and Table B for 23.48.220. In the zones shown on Table A for 23.48.220, all non-exempt floor area above the base FAR is considered extra floor area. Extra floor area may be obtained, up to the maximum FAR, only through the provision of public amenities according to Section 23.48.021 and Chapter 23.58A . Table A for 23.48.220 FAR limits for specified zones in South Lake Union Regional Center Zone FAR limits for nonresidential uses Maximum FAR for structures that do not exceed the base height limit and include residential use 1 Base FAR Maximum FAR SM-SLU 100/65-145 4.5 6.5 4.5 SM-SLU 85/65-160 4.5 7 4.5 SM-SLU 175/85-280 4.5 2 8 6 SM-SLU 85-280 0.5/3 3 NA 6 SM-SLU 240/125-440 5 2 8 10 Footnotes to Table A for 23.48.220 NA (not applicable) refers to zones where uses are not subject to an FAR limit. 1 All portions of residential structures that exceed the base height, including portions restricted to the podium height limit, are exempt from FAR limits. 2 In the SM-SLU 175/85-280, and SM-SLU 240/125-440 zones, an additional increment of 0.5 FAR above the base FAR is permitted on lots meeting the requirements of subsection 23.48.220.A.3. 3 The 3 FAR limit applies to religious facilities. For all other nonresidential uses, the 0.5 FAR limit applies. Table B for 23.48.220 FAR limits for SM-SLU/R 65/95, SM-SLU 100/95, and SM-SLU 145 zones Zone FAR limits for all uses Base FAR Maximum FAR SM-SLU/R 65/95 Not applicable Not applicable SM-SLU 100/95 4.5 6.75 SM-SLU 145 5 9.5 1 Footnote to Table B for 23.48.220 1 The maximum FAR for development with non-residential uses that exceed 85 feet in height is 8.5. 2. FAR for development including a mix of residential and non-residential uses a. For zones included on Table A for 23.48.220, development including a mix of non-residential uses and residential uses that do not exceed the base height limit for residential use shall: 1) Obtain extra floor area for any chargeable non-residential floor area above the base FAR for non-residential uses as prescribed in Table A for 23.48.220; and 2) Not exceed the lower of the maximum FAR for non-residential uses in Table A for 23.48.220 or the maximum FAR for structures that do not exceed the base height limit and include any residential use in Table A for 23.48.220. b. In the SM-SLU 175/85-280 zone residential uses are allowed above the residential base height limit in structures or portions of structures with non-residential uses that exceed 85 feet in height, and in the SM-SLU 240/125-440 zone, residential uses are allowed above the residential base height limit in structures or portions of structures with non-residential uses that exceed 125 feet in height if the following conditions are met: 1) All uses are subject to the maximum FAR limit for non-residential uses in Table A for 23.48.220, and for the purposes of calculating FAR, floor area in residential use shall be included as chargeable floor area; 2) If residential and non-residential uses are combined on the same story, the floor area limits of subsection 23.48.245.B.3 apply; 3) Stories occupied only by residential uses may exceed the maximum height limit for non-residential uses, and all stories above the base height limit for residential use that are only occupied by residential uses are subject to the floor area limits of subsection 23.48.245.B.2 and the maximum facade width standards of subsection 23.48.245.E; 4) Extra non-residential floor area above the base FAR for non-residential uses shown on Table A for 23.48.220 shall be obtained as provided for in Section 23.48.221 ; and 5) For the purposes of applying tower separation standards in subsection 23.48.245.G, the structure shall be considered to be a residential tower. 3. For the zones included on Table A for 23.48.220, an additional increment of FAR is permitted for non-residential uses above the base FAR of the zone if a lot meets the conditions of either subsection 23.48.220.A.3.a or subsection 23.48.220.A.3.b. a. An additional increment of 0.5 FAR is permitted above the base FAR if the lot includes one or more sites or structures that are subject to controls and incentives imposed pursuant to the City Landmarks Preservation Ordinance, Chapter 25.12 , and subject to the following conditions: 1) The site or structure is rehabilitated to the extent necessary so that all features and characteristics subject to those controls and incentives are in good condition and comply with applicable ordinances and Certificates of Approval issued by the Landmarks Preservation Board, all as determined by the Director of the Department of Neighborhoods; 2) A notice is recorded with the King County Recorder's Office, in a form satisfactory to the Director, regarding the bonus allowed and the effect thereof under the terms of this Chapter 23.48 ; 3) For purposes of this Section 23.48.220 , a "qualifying Landmark" is a structure that: a) Is subject, in whole or in part, to a designating ordinance pursuant to Chapter 25.12 ; and b) 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. 4) A qualifying Landmark that allows for the additional increment of FAR under this subsection 23.48.220.A.3 is not eligible as a Landmark transferable development rights (TDR) or Landmark transferable development potential (TDP) sending site. For so long as any of the chargeable floor area of the increment allowed above the base FAR of the zone under this subsection 23.48.220.A.3 remains on the lot, each Landmark for which the increment 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 unless the Landmarks Preservation Board has issued a Certificate of Approval for the modification or demolition of the Landmark; and 5) The amount of additional increment of FAR permitted above the base FAR under this subsection 23.48.220.A.3 is not more than the square footage of floor area in the Landmark structure(s). b. An additional increment of 1.2 FAR is permitted above the maximum FAR to preserve qualifying open space, subject to the following requirements: 1) The amount of additional square footage gained from the additional increment of FAR may not exceed 128,130 square feet. 2) The additional increment of FAR may be located on the same block as the open space or on blocks within 1,500 feet of the qualifying open space. "Qualifying open space" is open space that is a minimum of 10,000 square feet in area, that was improved as open space accessible to the public prior to November 8, 2015, and that meets the following requirements: a) If the additional FAR is for non-residential uses, the amount of additional floor area may not exceed the maximum amount of floor area that could be developed on the area of the lot that contains qualifying open space under subsection 23.48.220.A for a structure with non-residential uses. If the additional FAR is for residential uses, the additional floor area may not exceed the maximum amount of floor area that could be developed on the area of the lot that contains qualifying open space under subsection 23.48.220.A for a structure that does not exceed the base height limit and that includes a residential use; b) Floor area limits. Only 126,000 square feet of the additional floor area may be used toward achieving maximum floor area limits under subsection 23.48.245.B. The remaining 2,130 square feet may be used for aerial connections that meet the standards of subsection 23.48.245.B.4. 3) Open space design. The applicant must provide a landscape plan to the Seattle Department of Construction and Inspections for the qualifying open space that protects all existing exceptional trees, as defined in Section 25.11.130 , and existing water features. The exceptional trees and water features are deemed to be "existing" if they were present at the site of the qualifying open space on November 8, 2015. The additional FAR may be obtained only if the landscape plan is approved by the Director, whose decision is a Type I Decision. 4) Hours open. The open space shall be open during daylight hours and accessible to the general public, without charge, for a minimum of ten hours per day, except that access may be temporarily limited as required for public safety, security, scheduled events, or maintenance. 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, unless the space is closed to the general public consistent with this subsection 23.48.220.A.3.b.4. No parking, storage, or use other than open space may be established on or above the surface of the open space. Use of the open space by motor vehicles is prohibited except for vehicles responding to an emergency. The open space shall be clearly identified with signage placed at a visible location at each street entrance that provides access to the open space. The signage shall indicate, in letters legible to passersby, the nature of the open space, its availability for general public access, and directional information as needed. 5) Declaration. The owner(s) of the lot where the open space is located and the lot where the additional floor area provided under this subsection 23.48.220.3.b is located shall execute and record a declaration and voluntary agreement in a form acceptable to the Director identifying the open space provided to qualify for the additional increment of FAR above the base FAR; acknowledging that the right to develop and occupy a portion of the gross floor area on the lot using the additional increment of floor area is based upon the long-term provision and maintenance of the open space and that development is restricted in the open space; and committing to provide and maintain the open space. 6) Duration; alteration. The owners of the lot granted the additional increment of floor area above the base FAR as a result of having the open space on the lot shall provide and maintain the open space for as long as the increment of additional floor area allowed above the base FAR exists. The open space amenity allowing for the additional increment of floor area above the base FAR may be altered or removed only to the extent that an amount of chargeable floor area equal to the increment of floor area allowed above the base FAR under this subsection 23.48.220.A.3.b is: a) Removed or converted to a use for which extra non-residential floor area is not required under the provisions of the zone; and/or b) Subject to provisions for gaining extra non-residential floor area through alternative means consistent with the provisions of the zone and provisions for allowing extra non-residential floor area in Chapter 23.58A . Alteration or removal of the open space may be further restricted by the provisions of the zone and by conditions of any applicable permit. 4. In the SM-SLU 85/65-160 zone on the blocks bounded by Valley Street, Mercer Street, Westlake Avenue North, and Fairview Avenue North, hotel use is permitted above 85 feet in height and is subject to the same provisions as residential use exceeding the base height limit for residential use, provided that all development standards that apply to a residential tower also apply to the hotel use, including the provisions of Section 23.48.221 for gaining extra residential floor area. 5. In the SM-SLU 100/65-145, SM-SLU 85/65-160, SM-SLU 175/85-280, SM-SLU 85-280, and SM-SLU 240/125-440 zones within South Lake Union Regional Center, for residential tower structures that have only nonresidential uses up to or above the base height limit for residential uses, the FAR limits for all nonresidential uses in the structure are the same as the FAR limits specified for nonresidential uses in Table A for 23.48.220. 6. In all SM-SLU zones, except SM-SLU/R 65/95, SM-SLU 100/95, and SM-SLU 145 zones, a development that includes a residential structure or a portion of a structure as a residential tower is exempt from FAR requirements as to that structure or portion of a structure, and the FAR limits for permitted non-residential uses in that structure or portion of a structure shall be applied based on the lot area required for the residential tower development, to meet the upper-level floor area limit of subsection 23.48.245.A. The FAR limits for the remainder of the development shall be applied based on an assumed lot area of the total lot area minus the lot area required for the portion of the development that is a residential tower. 7. Within the area in the SM-SLU 175/85-280 zone meeting the standards for location in subsection 23.48.230.B, structures designed for research and development laboratory use and administrative office associated with research and development laboratories have a base FAR of 5 and a maximum FAR of 8, provided that the maximum number of floors allowed above grade is eight, measured from the floor with the lowest elevation above grade, but not including rooftop projections. B. The following floor area is exempt from FAR calculations: 1. The floor area contained in a Landmark structure subject to controls and incentives imposed by a designating ordinance if the owner of the Landmark has executed and recorded an agreement acceptable in form and content to the Landmarks Preservation Board providing for the rehabilitation and maintenance of the historically significant features of the structure including but not limited to a Certificate of Approval for the modification of the Landmark. This exemption does not apply to a lot from which a Landmark TDP or TDR has been transferred under Chapter 23.58A and does not apply for purposes of determining TDR or TDP available for transfer under Chapter 23.58A . 2. Street-level uses identified in subsection 23.48.005.D, whether required or not, and that meet the development standards of Section 23.48.240 ; except that at locations meeting the conditions of Section 23.48.230 , only gross floor area at street level that is a general sales and service, eating and drinking establishment, or entertainment use is exempt. 3. All residential use in a residential tower and podium within the required lot area that includes the podium portion of the tower in the SM-SLU 100/65-145, SM-SLU 85/65-160, SM-SLU 175/85-280, SM-SLU 85-280, and SM-SLU 240/125-440 zones, except residential use in a mixed-use project under the provisions of subsection 23.48.220.A.2.b. 4. In the SM-SLU 85/65-160 zone on the blocks bounded by Valley Street, Mercer Street, Westlake Avenue North, and Fairview Avenue North, all floor area in hotel use pursuant to subsection 23.48.220.A.4. 5. Floor area in child care use and elementary and secondary schools. (Ord. 127375 , § 50, 2025; Ord. 126821 , § 7, 2023; Ord. 126157 , § 30, 2020; Ord. 125927 , § 2, 2019; Ord. 125603 , § 33, 2018; Ord. 125291 , § 4, 2017; Ord. 125272 , § 34, 2017; Ord. 124883 , § 13, 2015.)