23.48.720

A. General provisions. Except as otherwise specified in this subsection 23.48.720.A, FAR limits for SM-U zones are as shown in Table A for 23.48.720. Table A for 23.48.720 FAR limits for specified zones in the Uptown Regional Center Zone Base FAR limit for all uses Maximum FAR for structures that include residential use FAR Limits for nonresidential uses SM-UP 65 NA 4.5 4.5 SM-UP 85 NA 5.25 5.25 SM-UP 95 NA 5.75 5.75 SM-UP 160 5 7 1 2 2 Footnotes to Table A for 23.48.720 1 All chargeable floor area above the base FAR is considered extra floor area. Extra floor area must be achieved according to Sections 23.48.021 , 23.48.722 , and Chapter 23.58A . 2 In the SM-UP 160 zone, structures that do not exceed 125 feet in height are permitted an FAR of 7 for nonresidential uses. Additionally, for parcels with lot coverage limited by easements or setbacks for monorails, structures with nonresidential uses are permitted an FAR of 7 regardless of structure height. B. Additional increment of floor area above the maximum FAR. On lots that include uses or features specified in this subsection 23.48.720.B, an additional amount of chargeable floor area is permitted above the maximum FAR as follows: 1. For all SM-UP zones an additional amount of 1 FAR is permitted above the maximum FAR of the zone shown on Table A for 23.48.720 if a lot includes one or more structures that have been designated as landmarks pursuant to Chapter 25.12 , subject to the following conditions: a. The structure is rehabilitated so that all features and characteristics are subject to controls and incentives designated pursuant to Chapter 25.12 and comply with any certificates of approval issued by the Landmarks Preservation Board, all as determined by the Director of the Department of Neighborhoods; b. A notice is recorded in the King County real estate records, in a form satisfactory to the Director, regarding the additional increment of floor area allowed and the effect thereof under the terms of this Chapter 23.48 ; c. A Landmark structure that obtains additional FAR under this subsection 23.48.720.B.1 may not be a sending site for Landmark transferable development rights (TDR) or for transferable development rights (TDP); d. If the increased amount of FAR allowed under this subsection 23.48.720.B.1 remains on the lot, the structure must remain designated as a Landmark; and e. The owner shall maintain the exterior and interior of the Landmark structure in good condition in a manner that preserves the Landmark features and characteristics of the structure. 2. For SM-UP zones, an additional increment of up to 1 FAR is permitted above the maximum FAR limit of the zone if a lot includes an arts facility operated by a for-profit or not-for-profit operator, subject to the following conditions: a. The amount of the additional increment of FAR shall not exceed floor area of the arts facility. b. The minimum floor area provided for a qualifying arts facility is 2,500 square feet. c. The space shall be occupied by an arts facility for the life of the project on the lot. If the property owner is unable to secure a for-profit or not-for-profit organization to operate the arts facility, after a six-month period, if the space remains unoccupied, it may be used for other non-profit purposes such 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; and 4) Availability of the space and contact person(s) shall be made known to community and charitable groups through means such as newspaper articles, radio announcements, and flyers. d. 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 an arts facility to gain the increase in FAR until the applicant has demonstrated to the satisfaction of the Director that a lease with a for-profit or not-for-profit arts organization has been secured to occupy the space for a minimum of one year. 3. For SM-UP zones, an additional increment of up to 1 FAR is permitted above the maximum FAR limit of the zone if a lot includes a preschool, an elementary school, or a secondary school, subject to the following conditions: a. Prior to issuance of a Master Use Permit, the applicant shall submit a letter to the Director from the school indicating that, based on the Master Use Permit plans, the school district has determined that the development could meet the operator's specifications; 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; and c. Should the school use be discontinued and replaced by commercial use, the commercial use shall be considered development to which Chapter 23.58B applies, notwithstanding any contrary provision of subsection 23.58B.020.B. 4. For all SM-UP zones, an additional increment of up to 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: a. 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 b. 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: 1) The amenity area has a minimum area of 1300 square feet and a minimum horizontal dimension of 20 feet; and 2) 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 contiguous 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 3) The common amenity area includes children's play equipment; and 4) The common amenity area is located at or below a height of 85 feet. C. Floor area exempt from FAR. In addition to floor area that is exempt from FAR limits according to subsection 23.48.020.B, the following floor area is exempt from FAR limits: 1. The floor area contained in a Landmark structure 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 of the structure. 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. All gross floor area in a child care center, an elementary school, or a secondary school; 3. Floor area used for theaters or arts facilities, which for the purposes of this Section 23.48.720 may be operated either by for-profit or not-for-profit organizations; 4. Floor area of street-level uses identified in subsection 23.48.005.D, whether required or not, that meet the development standards of subsection 23.48.040.C; and 5. Floor area in a vulnerable masonry structure that is 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. (Ord. 127375 , § 68, 2025; Ord. 127099 , § 28, 2024; Ord. 126685 , § 32, 2022; Ord. 126157 , § 33, 2020; Ord. 126131 , § 11, 2020; Ord. 125432 , § 14, 2017.)