23.48.620

A. Floor area ratio (FAR) limits. Except as otherwise specified in this Section 23.48.620 , FAR limits for the SM-U 85 zone are as shown in Table A for 23.48.620; FAR limits for the SM-U/R 75-240 zone are as shown in Table B for 23.48.620 and FAR limits for the SM-U 75-240 and the SM-U 95-320 zones are as shown in Table C for 23.48.620. Table A for 23.48.620 FAR limits for SM-U 85 zone Base FAR Maximum FAR 1 4.75 6.0 Footnotes to Table A for 23.48.620 1 An additional increment of up to 1.0 FAR above the maximum FAR is permitted on lots meeting the requirements of subsection 23.48.620.D. Table B for 23.48.620 FAR limits for SM-U/R 75-240 zone FAR limit for non-residential uses FAR limits for residential uses and mixed use 1 Base FAR Maximum FAR for lots with structures that do not exceed the midrise height limit 2, 3 Maximum FAR for lots with a highrise structure 0.5 4.75 6 10 Footnotes to Table B for 23.48.620 1 For lots that include both residential and non-residential uses, the amount of non-residential floor area allowed shall not exceed the maximum FAR limit for non-residential uses. 2 Height of structure excludes rooftop features otherwise allowed above the height limit by subsection 23.48.025.C. 3 An additional increment of up to 1.0 FAR above the maximum FAR is permitted on lots meeting the requirements of subsection 23.48.620.D. Table C for 23.48.620 FAR limits for SM-U 75-240 and SM-U 95-320 zones Zone FAR limits for lots with structures that do not exceed the midrise height limit 1 Base FAR Maximum FAR SM-U 75-240 SM-U 95-320 4.75 6 Zone FAR limits for lots with a highrise structure Base FAR for all uses Maximum FAR for non-residential uses Maximum FAR for residential uses and for all uses in a mixed-use development 2, 3 SM-U 75-240 4.75 7 10 SM-U 95-320 4.75 7 12 Footnotes to Table C for 23.48.620 1 Height of structure excludes rooftop features otherwise allowed above the height limit by subsection 23.48.025.C. 2 An additional increment of up to 1.0 FAR above the maximum FAR is permitted on lots meeting the requirements of subsection 23.48.620.D. 3 For lots that include both residential and non-residential uses, the amount of non-residential floor area allowed shall not exceed the maximum FAR limit for non-residential uses. B. Additional increment of chargeable floor area above the base FAR. On lots that include uses or features specified in this subsection 23.48.620.B, an additional increment of chargeable floor area is permitted above the base FAR as follows: 1. For all SM-U zones, an additional increment of 0.5 FAR is permitted above the base FAR of the zone shown on Table A, Table B, or Table C for 23.48.620 if a lot includes one or more qualifying Landmark structures, subject to the following conditions: a. The structure is rehabilitated to the extent necessary so that all features and characteristics controlled or designated by ordinance pursuant to Chapter 25.12 are in good condition and consistent with the applicable ordinances and with any certificates of approval issued by the Landmarks Preservation Board, all as determined by the Director of the Department of Neighborhoods; and b. A notice is recorded in the King County real estate records, in a form satisfactory to the Director, regarding the bonus allowed and the effect thereof under the terms of this Chapter 23.48 . c. For purposes of this subsection 23.48.620.B, a "qualifying Landmark" is a structure that: 1) Is subject, in whole or in part, to a designating ordinance pursuant to Chapter 25.12 ; and 2) 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. d. A qualifying Landmark that allows for the additional increment of FAR under this subsection 23.48.620.B.1 is not eligible as a Landmark transferable development rights (TDR) or 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 23.48.620.B.1 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. e. In the SM-U/R 75-240 zone, the additional increment of chargeable floor area allowed above the base FAR shall be for residential use only. 2. For all SM-U zones, an additional increment of up to 0.5 FAR is permitted above the base FAR of the zone if a lot includes a human service use, subject to the following conditions: a. The amount of the additional increment of FAR permitted above the base FAR under this subsection 23.48.620.B.2 shall not exceed the gross square footage of floor area in the human service use. b. The minimum area provided for one or more human service uses shall be 2,500 square feet of interior space; c. The location of the human service use shall be accessible to the elderly and disabled, with exterior and interior directional signage clearly visible from the street; d. The space shall be occupied by a human service use for the life of the project on the lot. If the property owner is unable to secure a human service use to occupy the space, after a six-month period, if the space remains unoccupied, it may be used for non-profit purposes as a community and/or public area, under the following conditions: 1) The space shall be made available to community and charitable organizations and is not to be used for profit-making activities; 2) The space shall be made available for both day and evening use; 3) The space shall be made available on a first-come, first-served basis to community and charitable organizations; 4) There shall be no charge for use of the space, except for any costs that may be necessary by the interim use; and 5) Availability of the space and the contact person(s) shall be made known to community and charitable groups through means such as newspaper articles, radio announcements, flyers to organizations, and contacts with umbrella organizations such as the University District Conversation on Homelessness. e. The property owner shall maintain all elements of the human service space, including but not limited to landscaping, seating, and lighting, in a safe, clean, and well-maintained condition, and the following shall apply: 1) Any additional improvements beyond the minimum requirements needed for specific service activities may be provided either by the applicant or the agency. The specifics shall be included in the lease agreement. Depending on the terms of the agreement, the tenant may be required to pay for utilities, insurance, taxes, and maintenance expenses. In addition, the tenant may be required to pay for development costs specifically required to meet the needs of the lessee. 2) Rent shall not be charged for use of the space. f. No permit after the first building permit, no permit for any construction activity other than excavation and shoring, and no permit for occupancy of existing floor area by any use shall be issued for development that includes a human service use to gain the increase in base FAR until the applicant has demonstrated to the satisfaction of the Director that a lease with a qualified human service agency has been secured to occupy the space for a minimum of five years. g. In the SM-U/R 75-240 zone, the additional increment of chargeable floor area allowed above the base FAR shall be for residential use only. 3. For the SM-U 75-240 and SM-U 95-320 zones, an additional increment of 0.5 FAR is permitted above the base FAR of the zone as shown on Table B for 23.48.620 if a lot includes a preschool, an elementary school, or a secondary school, provided that the school meets the conditions for floor area exempt from FAR in subsection 23.48.620.C.4. 4. For the SM-U 85 zone, an additional increment of chargeable floor area up to 0.5 FAR is permitted above the base FAR of the zone shown on Table A for 23.48.620 for a lot that includes one or more vulnerable masonry structures included on a list of structures that meet specified criteria in a rule promulgated by the Director under Section 23.48.627 , provided that the following conditions are met: a. The amount of the additional increment of FAR permitted above the base FAR under this subsection 23.48.620.B.4 shall not exceed the gross square footage of floor area in the vulnerable masonry structures retained on the lot, and shall in no case exceed 0.5 FAR; and b. The vulnerable masonry structure shall be retained according to the provisions of subsection 23.58A.042.F.3 for a structure that qualifies as a vulnerable masonry structure TDR or TDP sending site, and the structure shall be retained on the lot for the life of the project. 5. The additional chargeable floor area allowed as an increment above the base FAR for individual uses and features specified in this subsection 23.48.620.B may be combined, provided that in no case shall the total amount of additional chargeable floor area allowed above the base FAR exceed 1 FAR and in no case shall more than one increment of additional floor area be allowed for the same use or feature on the lot. 6. Extra floor area achieved as provided for in Section 23.48.622 shall be chargeable floor area added above the increment of FAR allowed under the provisions of this subsection 23.48.620.B. C. Floor area exempt from FAR. In addition to the exempt floor area identified in subsection 23.48.020.B, the following floor area is exempt from FAR limits: 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 TDR or TDP 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. Except in the SM-U/R 75-240 zone, uses identified in subsection 23.48.605.C, whether required or not, that meet the development standards of subsection 23.48.040.C; 3. Except in the SM-U/R 75-240 zone, uses identified in subsection 23.48.605.C that abut and have access onto a mid-block corridor meeting the standards of subsection 23.48.640.F and the applicable standards in Section 23.58A.040 ; 4. Floor area for an elementary school or a secondary school, which may include minimum space requirements for associated uses including but not limited to academic core functions, child care, administrative offices, a library, maintenance facilities, food service, interior recreation, and specialty instruction space, provided that; a. Prior to issuance of a Master Use Permit, the applicant shall submit a letter to the Director from the operator of the school indicating that, based on the Master Use Permit plans, the operator has determined that the development would meet the operator's specifications; and b. Prior to issuance of a building permit, the applicant shall submit a written certification by the operator to the Director that the operator's specifications have been met; 5. Floor area used for theaters or arts facilities, which for the purposes of this Section 23.48.620 may be operated either by for-profit or not-for-profit organizations; 6. Floor area in a vulnerable masonry structure included on a list of structures that meet specified criteria in a rule promulgated by the Director under Section 23.48.627 , provided that the structure is retained for a minimum of 50 years according to the provisions that apply to a qualifying "vulnerable masonry structure" TDR or TDP sending site in subsection 23.58A.042.F.3; 7. All gross floor area of a light rail transit station and related passenger amenities; 8. All gross floor area of a human service use; 9. Floor area in enclosed portions of a mid-block corridor or other enclosed open space feature that would be eligible for a bonus according to Section 23.48.624 on the lot where the feature is located. The exemption applies regardless of whether a floor area bonus is obtained; 10. Up to a maximum of 50,000 square feet of the floor area occupied by a City facility, including but not limited to fire stations and police precincts, but not a City facility predominantly occupied by office use; 11. Up to 25,000 square feet of a community center that is open to the general public for a minimum of six hours per day, five days per week, 42 weeks per year; and 12. All gross floor area in child care centers. D. Additional increment of chargeable floor area above the maximum FAR. For all SM-U zones, an additional increment of 1.0 FAR is permitted above the maximum FAR of the zone for a lot that includes residential dwelling units that comply with all of the following conditions: 1. Unit number and size. The structure includes a minimum of ten dwelling units that each have a minimum area of 900 gross square feet and include three or more bedrooms; and 2. Amenity area. Each dwelling unit shall have access to an outdoor amenity area that is located on the same story as the dwelling unit and meets the following standards: a. The amenity area has a minimum area of 1300 square feet and a minimum horizontal dimension of 20 feet; and b. The amenity area must be common amenity area, except that up to 40 percent of the amenity area may be private provided that the private and common amenity area are continuous and are not separated by barriers more than 4 feet in height; and the private amenity areas are directly accessible from units meeting these requirements; and c. The common amenity area includes children's play equipment; and d. The common amenity area is located at or below a height of 85 feet. (Ord. 126685 , § 30, 2022 [cross-reference update]; Ord. 126131 , § 10, 2020; Ord. 125791 , § 72, 2019; Ord. 125603 , § 39, 2018; Ord. 125432 , § 13, 2017; Ord. 125267 , § 26, 2017.)