23.49.008

The following provisions regulating structure height apply to all property in Downtown zones except the DH1 zone. Structure height for PSM, IDM, and IDR zones is regulated by this Section 23.49.008 , and by Sections 23.49.178 , 23.49.208 , and 23.49.236 . A. Base and maximum height limits 1. Except as otherwise provided in this Section 23.49.008 , maximum structure heights for Downtown zones are as designated on the Official Land Use Map. In certain zones, as specified in this Section 23.49.008 , the maximum structure height may be allowed only for particular uses or only on specified conditions, or both. If height limits are specified for portions of a structure that contain specified types of uses, the applicable height limit for the structure is the highest applicable height limit for the types of uses in the structure, unless otherwise specified. 2. Except in the PMM zone, the base height limit for a structure is the lowest of the maximum structure height or the lowest other height limit, if any, that applies pursuant to this Title 23 based upon the uses in the structure, before giving effect to any bonus for which the structure qualifies under this Chapter 23.49 and to any special exceptions or departures authorized under this Chapter 23.49 . In the PMM zone the base height limit is the maximum height permitted pursuant to urban renewal covenants. 3. In zones listed below in this subsection 23.49.008.A.3, the applicable height limit for portions of a structure that contain non-residential and live-work uses is shown as the first figure after the zone designation (except that there is no such limit in DOC1), and the base height limit for portions of a structure in residential use is shown as the first figure following the "/". The third figure shown is the maximum residential height limit. Except as stated in subsection 23.49.008.D, the base residential height limit is the applicable height limit for portions of a structure in residential use if the structure does not achieve bonus residential floor area according to Chapter 23.58A , and the maximum residential height limit is the height limit for portions of a structure in residential use if the structure achieves bonus residential floor area according to Chapter 23.58A : DOC1 Unlimited/450-unlimited DOC2 500/300-550 DMC 340/290-440 DMC 240/290-440. 4. A structure in a DMC 340/290-440 zone on a lot comprising a full block that abuts a DOC1 zone along at least one street frontage may gain additional structure height of 30 percent above the maximum residential height limit if the structure achieves bonus residential floor area according to Chapter 23.58A , or 35 percent above 340 feet if the structure does not include bonus residential floor area according to Chapter 23.58A , in either case under the following conditions: a. Only one tower is permitted on the lot; b. Any additional floor area above the maximum height limit for non-residential or live-work use, as increased under this subsection 23.49.008.A.4, is occupied by residential use; c. The average residential gross floor area and maximum residential floor area of any story in the portion of the tower permitted above the base residential height limit do not exceed the limits prescribed in subsection 23.49.058.C.1; d. Any residential floor area allowed above the base residential height limit under this provision is achieved according to Chapter 23.58A ; e. At least 35 percent of the lot area, or a minimum of 25,000 square feet, whichever is greater, is in open space use substantially at street level meeting the following standards, and subject to the following allowances for coverage: 1) The location and configuration of the space shall enhance solar exposure, allow easy access to entrances to the tower serving all tenants and occupants from streets abutting the open space, and allow convenient pedestrian circulation through all portions of the open space. The open space shall be entirely contiguous and physically accessible. To offset the impact of the taller structure allowed, the open space shall have frontage at grade abutting sidewalks, and be visible from sidewalks, on at least two streets. The elevation of the space may vary, especially on sloping lots where terracing the space facilitates connections to abutting streets, provided that grade changes are gradual and do not significantly disrupt the continuity of the space, and no part of the open space is significantly above the grade of the nearest abutting street. The Director may allow greater grade changes, as necessary, to facilitate access to transit tunnel stations. 2) Up to 20 percent of the area used to satisfy the open space condition to allowing additional height may be covered by the following features: permanent, freestanding structures, such as retail kiosks, pavilions, or pedestrian shelters; structural overhangs; overhead arcades or other forms of overhead weather protection; and any other features approved by the Director that contribute to pedestrian comfort and active use of the space. The following features within the open space area may count as open space and are not subject to the percentage coverage limit: temporary kiosks and pavilions, public art, permanent seating that is not reserved for any commercial use, exterior stairs and mechanical assists that provide access to public areas and are available for public use, and any similar features approved by the Director. f. Open space used to satisfy the condition to allowing additional height in this Section 23.49.008 is not eligible for a bonus under Section 23.49.013 . g. Open space used to satisfy the condition to allowing additional height in this Section 23.49.008 may qualify as common recreation area to the extent permitted by subsection 23.49.011.B and may be used to satisfy open space requirements in subsection 23.49.016.C.1 if it satisfies the standards of subsection 23.49.016.C.1. h. No increase in height shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board. 5. In a DRC zone, the base height limit is 85 feet, except that, subject to the conditions in subsection 23.49.008.A.6: a. The base height limit is 170 feet if any of the following conditions is satisfied: 1) All portions of a structure above 85 feet contain only residential use; or 2) At least 25 percent of the gross floor area of all structures on a lot is in residential use; or 3) A minimum of 1.5 FAR of eating and drinking establishments, retail sales, and service or entertainment uses, or any combination thereof, is provided on the lot. b. For residential floor area created by infill of a light well on a Landmark structure, the base height limit is the lesser of 170 feet or the highest level at which the light well is enclosed by the full length of walls of the structure on at least three sides. For the purpose of this subsection 23.49.008.A.5.b, a light well is defined as an inward modulation on a non-street-facing facade that is enclosed on at least three sides by walls of the same structure, and infill is defined as an addition to that structure within the light well. 6. Restrictions on demolition and alteration of existing structures a. Any structure in a DRC zone that would exceed the 85-foot base height limit shall incorporate the existing exterior street-front facade(s) of each of the structures listed below, if any, located on the lot of that project. The City Council finds that these structures are significant to the architecture, history, and character of downtown. The Director may permit changes to the exterior facade(s) to the extent that significant features are preserved and the visual integrity of the design is maintained. The degree of exterior preservation required will vary, depending upon the nature of the project and the characteristics of the affected structure(s). b. The Director shall evaluate whether the manner in which the facade is proposed to be preserved meets the intent to preserve the architecture, character, and history of the Retail Core. If a structure on the lot is a Landmark structure, approval by the Landmarks Preservation Board for any proposed modifications to controlled features is required prior to a decision by the Director to allow or condition additional height for the project. The Landmarks Preservation Board's decision shall be incorporated into the Director's decision. Inclusion of a structure on the list below is solely for the purpose of conditioning additional height under this subsection 23.49.008.A.6.b, and shall not be interpreted in any way to prejudge the structure's merit as a Landmark: Shafer Building/Sixth and Pine Building 515 Pine Street Decatur Building 1521 6 th Avenue Coliseum Theater Building 5th Avenue and Pike Street (northeast corner) Northern Bank and Trust/Seaboard Building 1506 Westlake Avenue Liggett/Fourth and Pike Building 1424 4th Avenue Great Northern Building 1404 4th Avenue Joshua Green Building 1425 4th Avenue Holland Building/MiKen Building 1417 4th Avenue Bon Marche (Macy's) 300 Pine Street ;adv=6;c. The restrictions in this subsection 23.49.008.A.6 are in addition to, and not in substitution for, the requirements of Chapter 25.12 . 7. The applicable height limit for a structure is the base height limit plus any height allowed as a bonus under this Chapter 23.49 according to Chapter 23.58A , and any additional height allowed by special exception or departure, or by subsection 23.49.008.A.4. The height of a structure shall not exceed the applicable height limit, except as provided in subsections 23.49.008.B, 23.49.008.C, and 23.49.008.D. 8. The height of rooftop features, as provided in subsection 23.49.008.D, is allowed to exceed the applicable height limit. 9. On lots in the DMC 85/75-170 zone: a. A height limit of 85 feet applies to the portions of a structure that contain non-residential or live-work uses. b. A base height limit of 75 feet applies to the portions of a structure that contain residential uses. c. The applicable height limit for portions of a structure that contain residential uses is 85 feet if extra floor area is achieved according to Section 23.49.023 and Chapter 23.58A , and the structure has no non-residential or live-work use above 85 feet, and the structure does not qualify for a higher limit for residential uses under subsection 23.49.008.A.9.d. d. The applicable height limit is 170 feet if extra floor area is achieved according to Section 23.49.023 and Chapter 23.58A , the structure has no non-residential or live-work use above 85 feet, the lot is at least 40,000 square feet in size and includes all or part of a mid-block corridor that satisfies the conditions of Section 23.58A.040 , except to the extent the Director grants a waiver of such conditions, and the standards of Section 23.49.060 are satisfied. B. Structures located in DMC 240/290-440, DMC 340/290-440, or DOC2 500/300-550 zones may exceed the maximum height limit for residential use, or if applicable the maximum height limit for residential use as increased under subsection 23.49.008.A.4 as follows: 1. The limit may be exceeded by ten percent as increased under subsection 23.49.008.A.4 if: a. The facades of the portion of the structure above the limit do not enclose an area greater than 9,000 square feet, and b. The enclosed space is occupied only by those uses or features otherwise permitted in this Section 23.49.008 as an exception above the height limit. 2. The limit may be exceeded by ten percent as increased under subsection 23.49.008.A.4 if applicable if an elementary or secondary school is contained anywhere within the same structure. The exceptions in this subsection 23.49.008.B shall not be combined with any other height exception for screening or rooftop features to gain additional height. The exception under subsection 23.49.008.B.2 is allowed in addition to the exception under subsection 23.49.008.B.1. C. Height in Downtown Mixed Residential (DMR) zones is regulated as follows: 1. A structure that contains only non-residential or live-work uses may not exceed the lowest height limit established on the Official Land Use Map, except for rooftop features permitted by subsection 23.49.008.D. 2. In DMR zones for which only two height limits are established, only those portions of structures that contain only residential uses may exceed the lower height limit, and they may extend to the higher height limit established on the Official Land Use Map. 3. On lots in the DMR/C 75/75-170 zone, the base height limit is 75 feet, and it is the applicable height limit for all structures, except that: a. The applicable height limit is 85 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A , the structure has no non-residential or live-work use above 75 feet, and the structure does not qualify for a higher height limit under this subsection 23.49.008.C.3. b. The applicable height limit is 170 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A ; the structure has no non-residential or live-work use above 75 feet; the lot includes all or part of a mid-block corridor that satisfies the conditions of Section 23.58A.040 , except to the extent any waiver of such conditions is granted by the Director; and the standards of subsection 23.49.156.B and Section 23.49.163 are satisfied. 4. On lots in the DMR/C 75/75-95 zone, the base height limit is 75 feet, and it is the applicable height limit for all structures, except that the applicable height limit is 95 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A and the structure has no non-residential or live-work use above 75 feet. 5. On lots in the DMR/R 95/65 zone: a. A height limit of 95 feet applies to the portions of a structure that contain residential or lodging uses. b. A height limit of 65 feet applies to the portions of a structure that contain non-residential uses (excluding lodging uses). D. Rooftop features 1. The following rooftop features are permitted with unlimited rooftop coverage up to the maximum heights indicated below: a. Open railings, planters, clerestories, skylights, play equipment, parapets, and firewalls up to 4 feet above the applicable height limit; b. Insulation material, rooftop decks and other similar features, or soil for landscaping located above the structural roof surface, may exceed the maximum height limit by up to 2 feet if enclosed by parapets or walls that comply with subsection 23.49.008.D.1.a; c. Solar collectors up to 7 feet above the applicable height limit; and d. The rooftop features listed below shall be located a minimum of 10 feet from all lot lines and may extend up to 50 feet above the roof of the structure on which they are located or 50 feet above the applicable height limit, whichever is less, except as regulated by Chapter 23.64 : 1) Religious symbols for religious institutions; 2) Smokestacks; and 3) Flagpoles. 2. The following rooftop features are permitted up to the heights indicated below, as long as the combined coverage of all rooftop features listed in this subsection 23.49.008.D.2, does not exceed 75 percent of the roof area for structures that are subject to maximum floor area limits per story pursuant to Section 23.49.058 ; or 50 percent of the roof area for other structures, unless a different limit is specified by other provisions. a. The following rooftop features are permitted to extend up to 15 feet above the applicable height limit: 1) Solar collectors that exceed the height listed in subsection 23.49.008.D.1.c; 2) Stair penthouses; 3) Play equipment and open-mesh fencing, as long as the fencing is at least 15 feet from the roof edge; 4) Covered or enclosed common recreation areas and eating and drinking establishments; 5) Covered or enclosed rooftop recreational spaces within the PSM 100/100-120 zone and permitted uses within them, with coverage limits as described by subsection 23.66.140.C.4.j; 6) Mechanical equipment; 7) Greenhouses and solariums; and 8) Wind-driven power generators. b. Elevator penthouses as follows: 1) In the PMM zone, up to 15 feet above the applicable height limit; 2) Except in the PMM zone, up to 23 feet above the applicable height limit for a penthouse designed for an elevator cab up to 8 feet high; 3) Except in the PMM zone, up to 25 feet above the applicable height limit for a penthouse designed for an elevator cab more than 8 feet high; 4) Except in the PMM zone, if the elevator provides access to a rooftop designed to provide usable open space, an additional 10 feet above the amount permitted in subsections 23.49.008.D.2.b.2 and 23.49.008.D.2.b.3 shall be permitted. c. Minor communication utilities and accessory communication devices, regulated according to Section 23.57.013 , shall be included within the maximum permitted rooftop coverage. d. Greenhouses are permitted to extend up to 15 feet above the applicable height limit, as long as the combined total coverage of all features gaining additional height listed does not exceed 60 percent of the roof area. e. Mechanical equipment, whether new or replacement, may be allowed up to 15 feet above the roof elevation of a structure existing prior to June 1, 1989. 3. Screening of rooftop features a. Measures may be taken to screen rooftop features from public view through the design review process or, if located within the Pike Place Market Historical District, by the Pike Place Market Historical Commission. b. Except in the PMM zone, the amount of roof area enclosed by rooftop screening may exceed the maximum percentage of the combined coverage of all rooftop features as provided in subsection 23.49.008.D.2. c. Except in the PMM zone, in no circumstances shall the height of rooftop screening exceed ten percent of the applicable height limit, or 15 feet, whichever is greater. In the PMM zone, the height of the screening shall not exceed the height of the rooftop feature being screened, or such greater height necessary for effective screening as determined by the Pike Place Market Historical Commission. 4. Administrative conditional use for rooftop features. Except in the PMM zone, the rooftop features listed in subsection 23.49.008.D.1.d may exceed a height of 50 feet above the roof of the structure on which they are located if authorized by the Director through an administrative conditional use under Chapter 23.76 . The request for additional height shall be evaluated on the basis of public benefits provided, the possible impacts of the additional height, consistency with the City's Comprehensive Plan, and the following criteria: a. The feature shall be compatible with and not adversely affect the downtown skyline. b. The feature shall not have a substantial adverse effect upon the light, air, solar, and visual access of properties within a 300 foot radius. c. The feature, supporting structure, and structure below shall be compatible in design elements such as bulk, profile, color, and materials. d. The increased size is necessary for the successful physical function of the feature, except for religious symbols. 5. Residential penthouses above height limit in a DRC zone a. A residential penthouse exceeding the applicable height limit shall be permitted in a DRC zone only on a mixed-use, City-designated Landmark structure for which a certificate of approval by the Landmarks Preservation Board is required. A residential penthouse allowed under this Section 23.49.008 may cover a maximum of 50 percent of the total roof surface. Except as the Director may allow under subsection 23.49.008.D.5.b: 1) A residential penthouse allowed under this subsection 23.49.008.D.5 shall be set back a minimum of 15 feet from the street lot line. 2) A residential penthouse may extend up to 8 feet above the roof, or 12 feet above the roof if set back a minimum of 30 feet from the street lot line. b. If the Director determines, after a sight line review based upon adequate information submitted by the applicant, that a penthouse will be invisible or minimally visible from public streets and parks within 300 feet from the structure, the Director may allow one or both of the following in a Type I decision: 1) An increase of the penthouse height limit under subsection 23.49.008.D.5.a by an amount up to the average height of the structure's street-facing parapet; or 2) A reduction in the required setback for a residential penthouse. c. The Director's decision to modify development standards pursuant to subsection 23.49.008.D.5.b shall be consistent with the certificate of approval from the Landmarks Preservation Board. d. A residential penthouse allowed under this subsection 23.49.008.D.5 shall not exceed the maximum structure height in the DRC zone under Section 23.49.008 . e. No rooftop features shall be permitted on a residential penthouse allowed under this subsection 23.49.008.D.5. 6. For height limits and exceptions for communication utilities and accessory communication devices, see Section 23.57.013 . E. In the DMC 170 zone, an additional 5 feet in height is permitted above the otherwise applicable height limit, subject to the following: 1. The street-level portion of the structure is occupied by street-level uses specified in subsection 23.49.009.A, has a minimum floor-to-floor height of 18 feet, and meets the provisions of subsection 23.49.009.B, regardless of whether the street-level uses are required pursuant to Map 1G; 2. The applicable height limit, including any additional height allowed in this subsection 23.49.008.E, shall be used as the height limit above which rooftop features are permitted according to subsection 23.49.008.D; and 3. No increase in height shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board. F. In all Downtown zones except the IDM 75-85 and PMM-85 zones and all DH1, DH2, and PSM zones, and except for projects that receive additional height pursuant to subsection 23.49.008.G, an additional 10 feet in height is permitted above the otherwise applicable maximum height limit for residential uses for a structure 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 1,300 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. G. In DMC 85/75-170, DMR/C 75/75-95, DMR/C 75/75-170, IDM 85/85-170, IDM 165/85-170, IDR/C 125/150-270, and IDR 45/125-270 districts, and except for projects that receive additional height pursuant to subsection 23.49.008.F, an additional 10 feet in height is permitted above the otherwise applicable maximum height limit for residential uses for a structure that meets the following conditions: 1. The structure must comply with Chapter 23.58C performance option requirements. The calculation of performance units required to satisfy the requirements of Section 23.58C.050 shall be based on the total number of units in the portion of the structure that is below the otherwise applicable maximum height limit for residential uses, and must total at least ten units that each have a net unit area greater than 400 square feet, as measured according to subsection 23.86.007.B, and affordability and occupancy restrictions no higher than 50 percent of median income. 2. Units in the additional 10 feet of height available under subsection 23.49.008.G shall not be included for purposes of the calculation under subsection 23.58C.050.A and gross floor area in the additional 10 feet of height available under this subsection 23.49.008.G shall not be included for purposes of the calculation of a cash contribution for a fractional unit not otherwise provided according to subsections 23.58C.050.A.3 or 23.58C.050.A.4, as applicable. The portion of the structure above the maximum height limit for residential use achieved according to this subsection 23.49.008.G shall be excluded for the purpose of distribution requirements for MHA-R units according to subsection 23.58C.050.C.1. H. In the DOC2 500/300-550 zone, as a Type I decision, the Director may increase the maximum height for residential uses to 640 feet, allow up to 40,000 square feet of non-residential floor area to exceed the maximum height limit for non-residential uses up to 640 feet, or both, provided that: 1. The structure is located on a block with an existing tower that exceeds 160 feet in height and that has at least 50 percent of gross floor area in residential use; and 2. The lot with the structure either: a. Abuts the lot with the existing tower or b. Is across an alley from the lot with the existing tower and has lot area, which could be developed with a tower meeting the requirements of Section 23.49.058 , located within 22 lineal feet of any portion of the lot with the existing tower; and 3. The average gross floor area of the structure per story above a height of 85 feet is not more than 11,200 square feet; and 4. All portions of the structure above a height of 85 feet: a. Are set back from the lot line closest to the lot with the existing tower by at least 15 feet, if the lot on which the structure is located is across an alley from the lot with the existing tower; or b. Are set back from the lot line closest to the lot with the existing tower by at least 30 feet, if the lot on which the structure is located abuts the lot with the existing tower; or c. Are separated from all portions of the existing tower by at least 45 feet, except that the projection of unenclosed decks and balconies, and architectural features such as cornices, shall be disregarded in calculating tower separation. This subsection 23.49.008.H.4.c applies only if the lot on which the structure is located is across an alley from the lot with the existing tower. 5. For the purposes of this subsection 23.49.008.H, any setback from the lot line closest to the lot with the existing tower is measured from the lot line after any dedication required by Section 23.53.030 . 6. For the purposes of this subsection 23.49.008.H, a tower is "existing" if it meets the requirements of subsection 23.49.058.D.7. I. In Downtown zones, low-income housing may achieve the maximum height according to provisions of the zone without meeting the requirements of this Section 23.49.008 . (Ord. 127099 , § 30, 2024; Ord. 126917 , § 1, 2023; Ord. 126857 , § 27, 2023; Ord. 126855 , § 28, 2023; Ord. 126600 , § 9, 2022; Ord. 126157 , § 36, 2020; Ord. 125603 , § 44, 2018; Ord. 125374 , § 1, 2017; Ord. 125371 , § 5, 2017; Ord. 125291 , § 16, 2017; Ord. 125272 , § 37, 2017; Ord. 124843 , § 37, 2015; Ord. 124680 , § 2, 2015; Ord. 124172, § 35, 2013; Ord. 123649, § 28, 2011; Ord. 123589, § 9, 2011; Ord. 123378, § 20, 2010; Ord. 122582 , § 1, 2007; Ord. 122054, § 9, 2006; Ord. 121196, § 13, 2003; Ord. 120967, § 1, 2003; Ord. 120928, § 18, 2002; Ord. 120443 , § 3, 2001; Ord. 120117, § 29, 2000; Ord. 119837, § 3, 2000; Ord. 119728, § 2, 1999; Ord. 119370, § 3, 1999; Ord. 118672, § 8, 1997; Ord. 116295 , § 13, 1992; § 1 of Initiative 31, passed 5/16/89; Ord. 113279, § 1, 1987; Ord. 112303, § 3, 1985.)