23.49.014

A. General standards 1. The following types of TDR may be transferred to the extent permitted in Table A for 23.49.014, subject to the limits and conditions in this Chapter 23.49 : a. Housing TDR; b. DMC housing TDR; c. Landmark housing TDR; d. Landmark TDR; e. Open space TDR; and f. South Downtown Historic TDR. 2. In addition to transfers permitted under subsection 23.49.014.A.1, TDR may be transferred from any lot to another lot on the same block, as within-block TDR, to the extent permitted in Table A for 23.49.014, subject to the limits and conditions in this Chapter 23.49 . 3. A lot's eligibility to be either a sending or receiving lot is regulated by Table A for 23.49.014. 4. Except as expressly permitted pursuant to this Chapter 23.49 , development rights or potential floor area may not be transferred from one lot to another. 5. No permit after the first building permit, and in any event, no permit for any construction activity other than excavation and shoring or for occupancy of existing floor area by any use based upon TDR, will be issued for development that includes TDR until the applicant's possession of TDR is demonstrated according to rules promulgated by the Director to implement this Section 23.49.014 . Table A for 23.49.014 Permitted use of TDR Zones 1 Types of TDR Within-block TDR Housing TDR DMC Housing TDR Landmark TDR and Landmark Housing TDR Open Space TDR South Downtown Historic TDR DOC1 and DOC2 S, R S, R X S, R S, R R DRC S, R S, R X S, R S, R R DMC 340/290-440 S, R S, R S S, R S, R R DMC 145 and DMC 240/290-440 S 2 S, R S, R S, R S, R R DMC 170 X S, R S, R S, R S, R R DMC 95 and DH2 X S, R X S, R S, R R DMC 75 and DMC 85/75-170 X S X S S R DMR X S, R 3 X S, R 3 S, R 3 R 3 IDR X S X X S S IDR/C X S X X S, R 4 S IDM X S, R X X S, R 4 S, R PSM X S X X S 4 S, R S = Eligible sending lot. R = Eligible receiving lot. X = Not permitted. Footnotes to Table A for 23.49.014: 1 Development rights may not be transferred to or from lots in the PMM or DH1 zones. 2 Transfers are permitted only from lots zoned DMC to lots zoned DOC1. 3 Transfers to lots in a DMR zone are permitted only from lots that also are zoned DMR except that transfer of TDR to a lot in a DMR zone located in South Downtown is permitted from any eligible sending lot in South Downtown. 4 Transfers of open space TDR to lots in South Downtown are permitted only from lots that are also located in South Downtown. B. Standards for sending lots 1. Maximum transferable floor area except from lots in South Downtown. This subsection 23.49.014.B.1 applies to sending lots that are not in South Downtown. a. The maximum amount of floor area that may be transferred, except as open space TDR, Landmark TDR, or Landmark housing TDR, from an eligible sending lot, is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011 , exceeds the sum of any chargeable gross floor area existing or, if a DMC housing TDR site, to be developed on the sending lot, plus any TDR previously transferred from the sending lot. b. The maximum amount of floor area that may be transferred from an eligible open space TDR site is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011 , exceeds the sum of (a) any existing chargeable gross floor area that is built on or over the portion of the sending lot that is not made ineligible by subsection 23.49.017.C, plus (b) the amount, if any, by which the total of any other chargeable floor area on the sending lot exceeds the product of the base FAR of the sending lot, as provided in Section 23.49.011 , multiplied by the difference between the total lot area and the eligible lot area, plus (c) any TDR previously transferred from the sending lot. c. The maximum amount of floor area that may be transferred from an eligible Landmark housing TDR site is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011 , exceeds TDR previously transferred from the sending lot, if any. d. The maximum amount of floor area that may be transferred from an eligible Landmark TDR site, if the chargeable floor area of the landmark structure is less than or equal to the base FAR permitted in the zone, is equivalent to the base FAR of the sending lot, minus any TDR that have been previously transferred. For landmark structures having chargeable floor area greater than the base FAR of the zone, the amount of floor area that may be transferred is limited to an amount equivalent to the base FAR of the sending lot minus the sum of (a) any chargeable floor area of the landmark structure exceeding the base FAR and (b) any TDR that have been previously transferred. e. For purposes of this subsection 23.49.014.B.1, the eligible lot area is the total area of the sending lot, reduced by the excess, if any, of the total of accessory surface parking over ¼ of the total area of the footprints of all structures on the sending lot; and for an open space TDR site, further reduced by the area of any portion of the lot ineligible under subsection 23.49.017.C. 2. TDR from lots in South Downtown. This subsection 23.49.014.B.2 applies to sending lots in South Downtown. a. If the sending lot is located in a PSM or IDM zone, then subject to any lower limit under this subsection 23.49.014.B.2, the gross floor area that may be transferred is six times the lot area, minus the sum of any existing chargeable floor area and further reduced by any TDR previously transferred from the sending lot. b. If the sending lot is not located in a PSM or IDM zone, then subject to any lower limit under this subsection 23.49.014.B.2, the gross floor area that may be transferred is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011 , exceeds the sum of any chargeable floor area existing on the sending lot, plus any TDR previously transferred from the sending lot. c. The cumulative amount of housing TDR transferred from any lot in South Downtown shall not exceed three times the lot area. d. The cumulative amount of open space TDR transferred from any lot in South Downtown shall not exceed three times the lot area. e. The cumulative amount of South Downtown Historic TDR transferred from any lot shall not exceed three times the lot area. f. The cumulative combined amount of TDR and TDP transferred from any lot in South Downtown shall not exceed six times the lot area. g. For purposes of this subsection 23.49.014.B.2, the eligible lot area is the total area of the sending lot, reduced by the excess, if any, of the total of accessory surface parking over 1/4 of the total area of the footprints of all structures on the sending lot; and for an open space TDR site, further reduced by any portion of the lot ineligible under subsection 23.49.017.C. 3. Effect of transfer in zones with base FAR limits. If TDR are transferred from a sending lot in a zone with a base FAR limit, except an IDM zone, the amount of chargeable floor area that may then be established on the sending lot is equal to the amount by which the area of the lot, multiplied by the applicable base FAR limit set in Section 23.49.011 , exceeds the total of: a. The existing chargeable floor area on the lot; plus b. The amount of gross floor area transferred from the lot. 4. Effect of transfer in PSM and IDM zones. a. If TDR are transferred from a sending lot in a PSM zone, the amount of chargeable floor area that may then be established on the sending lot is equal to the amount by which the total gross floor area that could have been built on the sending lot consistent with applicable development standards as determined by the Director had no TDR been transferred exceeds the sum of: 1) The existing chargeable floor area on the lot; plus 2) The gross floor area of TDR transferred from the lot. b. If TDR are transferred from a sending lot in an IDM zone, the amount of chargeable floor area that may then be established on the sending lot shall not exceed the amount by which the applicable base FAR limit in Section 23.49.011 multiplied by the lot area exceeds the sum of: 1) The existing chargeable floor area on the lot; plus 2) The gross floor area of TDR transferred from the lot. 5. TDR from lots with more than base FAR not allowed; exception. Gross floor area allowed above base FAR under any bonus provisions of this Title 23 or the former Title 24 , or allowed under any exceptions or waivers of development standards, may not be transferred. TDR may be transferred from a lot that contains chargeable floor area exceeding the base FAR only if the TDR are from an eligible Landmark TDR site, consistent with subsection 23.49.014.B.1.c, or to the extent, if any, that: a. TDR were previously transferred to such lot in compliance with the Land Use Code provisions and applicable rules then in effect; b. Those TDR, together with the base FAR under Section 23.49.011 , exceed the chargeable floor area on the lot and any additional chargeable floor area for which any permit has been issued or for which any permit application is pending; and c. The excess amount of TDR previously transferred to such lot would have been eligible for transfer from the original sending lot under Section 23.49.014 at the time of their original transfer from that lot. 6. Rehabilitation of Landmark structures and contributing structures. Landmark structures on sending lots from which Landmark TDR or Landmark housing TDR are transferred shall be rehabilitated and maintained as required by the Landmarks Preservation Board. Contributing structures under Section 23.66.032 on sending lots from which South Downtown Historic TDR are transferred shall be rehabilitated and maintained as required by the Director of Neighborhoods upon recommendation by the International Special Review District Board or the Pioneer Square Preservation Board. 7. Rehabilitation of housing. Housing on lots from which housing TDR are transferred shall be rehabilitated to the extent required to provide decent, sanitary and habitable conditions, in compliance with applicable codes, and so as to have an estimated minimum useful life of at least 50 years from the time of the TDR transfer, as approved by the Director of Housing. Landmark buildings on lots from which Landmark housing TDR are transferred shall be rehabilitated to the extent required to provide decent, sanitary and habitable housing, in compliance with applicable codes, and so as to have an estimated minimum useful life of at least 50 years from the time of the TDR transfer, as approved by the Director of Housing and Director of Neighborhoods. If housing TDR or Landmark housing TDR are proposed to be transferred prior to the completion of work necessary to satisfy this subsection 23.49.014.B.7, the Director of Housing may require, as a condition to such transfer, that security be deposited with the City to ensure the completion of such work. 8. Restricted units provided as a condition to eligibility of a lot as a housing TDR site, Landmark housing TDR site, or DMC housing TDR site shall be generally comparable in their average size and quality of construction to other units in the same structure, in the judgment of the Director of Housing, after completion of any rehabilitation or construction undertaken in order to qualify as a TDR sending lot. 9. Standards for eligibility as a South Downtown Historic TDR sending lot a. In order to be eligible to transfer South Downtown Historic TDR, a lot must contain a structure that includes at least 5,000 gross square feet in above-grade space and was finally determined to be a contributing structure under Section 23.66.032 . b. Contributing structures on a sending lot from which South Downtown Historic TDR are transferred shall be rehabilitated and maintained as required by the Director of Neighborhoods. c. As a condition to finally allow the transfer of South Downtown Historic TDR from a lot, the applicant must certify that the contributing structure continues to meet any conditions identified by the Director of Neighborhoods pursuant to subsection 23.66.032.C within no more than three years prior to the recordation of the deed conveying the TDR from the sending lot. d. South Downtown Historic TDR shall not be transferred from a lot from which South Downtown Historic TDP has been transferred or from a lot on which any extra floor area has been established based on the presence of a contributing structure. C. Limit on within-block TDR. Any receiving lot is limited to a gain of 15 percent of the floor area above the first increment of FAR above the base FAR, as specified in subsection 23.49.011.A.2.a, from TDR from sending lots that are eligible to send TDR solely because they are on the same block as the receiving lot. D. Transfer of development rights deeds and agreements 1. The fee owners of the sending lot shall execute a deed, shall obtain the release of the TDR from all liens of record, and shall obtain the written consent of all holders of encumbrances on the sending lot other than easements and restrictions, unless the requirement for a release or consent is waived by the Director for good cause. The deed shall be recorded in the King County real property records. If TDR are conveyed to the owner of a receiving lot described in the deed, then unless otherwise expressly stated in the deed or any subsequent instrument conveying such lot or the TDR, the TDR shall pass with the receiving lot whether or not a structure using such TDR shall have been permitted or built prior to any conveyance of the receiving lot. Any subsequent conveyance of TDR previously conveyed to a receiving lot shall require the written consent of all parties holding any interest in or lien on the receiving lot from which the conveyance is made. If the TDR are transferred other than directly from the sending lot to the receiving lot using the TDR, then after the initial transfer, all subsequent transfers also shall be by deed, duly executed, acknowledged and recorded, each referring by King County recording number to the prior deed. Any deed conveying any South Downtown Historic TDR from the sending lot shall include a sworn certification by the grantor to the effect that one or more structures on the sending lot have been finally determined to be contributing structures pursuant to Section 23.66.032 , and that since the date of such determination there have been no material changes to any contributing structure on the sending lot, except pursuant to a certificate of approval specifically stating that the authorized change will not affect the status of the structure as a contributing structure. Any false certification by the grantor in a deed under this subsection 23.49.014.D.1 is a violation of this Title 23 . 2. Any person may purchase any TDR that are eligible for transfer by complying with the applicable provisions of this Section 23.49.014 , whether or not the purchaser is then an applicant for a permit to develop downtown real property. Any purchaser of such TDR (including any successor or assignee) may use such TDR to obtain chargeable floor area above the applicable base on a receiving lot to the extent such use of TDR is permitted under the Land Use Code provisions in effect on the date of building permit issuance or vesting, under applicable law, of such person's rights with respect to the issuance of permits for development of the project intended to use such TDR. The Director may require, as a condition of processing any permit application using TDR or for the release of any security posted in lieu of a deed for TDR to the receiving lot, that the owner of the receiving lot demonstrate that the TDR have been validly transferred of record to the receiving lot, and that such owner has recorded in the real estate records a notice of the filing of such permit application, stating that such TDR are not available for retransfer. 3. For transfers of housing TDR, Landmark housing TDR, or DMC housing TDR, the owner of the sending lot shall execute and record an agreement, with the written consent of all holders of encumbrances on the sending lot, unless such consent is waived by the Director of Housing for good cause, to provide for the maintenance of the required housing on the sending lot for a minimum of 50 years. Such agreement shall commit to limits on rent and occupancy, consistent with the definition of housing TDR site, Landmark housing TDR site, or DMC housing TDR site, as applicable, and acceptable to the Director of Housing. 4. For transfers of Landmark TDR or Landmark housing TDR, the owner of the sending lot shall execute and record an agreement in form and content acceptable to the Landmarks Preservation Board providing for the rehabilitation and maintenance of the historically significant features of the structure or structures on the lot. 5. For transfers of South Downtown Historic TDR, the owner of the sending lot shall execute and record an agreement in form and content acceptable to the Director of Neighborhoods in consultation with the International Special Review District Board or the Pioneer Square Preservation Board providing for the rehabilitation and maintenance of historically or architecturally significant features of a contributing structure or structures on the lot. 6. A deed conveying TDR may require or permit the return of the TDR to the sending lot under specified conditions, but notwithstanding any such provisions: a. The transfer of TDR to a receiving lot shall remain effective so long as any portion of any structure for which a permit was issued based upon such transfer remains on the receiving lot; and b. The City shall not be required to recognize any return of TDR unless it is demonstrated that all parties in the chain of title have executed, acknowledged and recorded instruments conveying any interest in the TDR back to the sending lot and any lien holders have released any liens thereon. 7. Any agreement governing the use or development of the sending lot shall provide that its covenants or conditions shall run with the land and shall be specifically enforceable by The City of Seattle. E. TDR sales before base FAR increases and changes in exemptions. Except for transfers of TDR from a sending lot with a major performing arts facility, or from a Landmark performing arts theater satisfying the conditions of subsection 23.49.011.A.3, transfers of TDR from any lot from which a TDR transfer was made prior to August 26, 2001, are limited to the amount of TDR available from such lot immediately prior to that date. F. Projects developed under prior code provisions 1. Any project that is developed pursuant to a master use permit issued under the provisions of this Title 23 as in effect prior to August 26, 2001, which permit provides for the use of TDR, may use TDR that were transferred from the sending lot consistent with such prior provisions prior to August 26, 2001. 2. In addition or in the alternative, such a project may use TDR that are transferred from a sending lot on or after August 26, 2001. 3. The use of TDR by any such project must be consistent with the provisions of Title 23 applicable to the project, including any limits on the range of FAR in which a type of TDR may be used, except that open space TDR may be used by such a project in lieu of any other TDR or any bonus, or both, allowable under such provisions. G. TDR satisfying conditions to transfer under prior code 1. If the conditions to transfer Landmark TDR, as in effect immediately prior to August 26, 2001, were satisfied on or before December 31, 2001, such TDR may be transferred from the sending lot in the amounts eligible for transfer as determined under the provisions of this Title 23 in effect immediately prior to August 26, 2001. If the conditions to transfer housing TDR were satisfied prior to August 26, 2001, under the provisions of this Title 23 then in effect, such TDR may be transferred from the sending lot in the amounts eligible for transfer immediately prior to that date. If the conditions to transfer TDR from a major performing arts facility were satisfied prior to August 26, 2001, under the provisions of this Title 23 then in effect, such TDR may be transferred from the sending lot after that date, for use on any receiving lots in zones where housing TDR may be used according to Table A for 23.49.014, in an amount as determined under subsection 23.49.014.B, provided that the cumulative amount of TDR that may be transferred after June 1, 2005, from any sending lot based on the presence of a major performing arts facility is limited to 150,000 square feet. 2. For purposes of this subsection 23.49.014.G, conditions to transfer include, without limitations, the execution by the owner of the sending lot, and recording in the King County real property records, of any agreement required by the provisions of this Title 23 or the Public Benefit Features Rule in effect immediately prior to August 26, 2001, but such conditions do not include any requirement for a master use permit application for a project intending to use TDR, or any action connected with a receiving lot. TDR transferable under this subsection 23.49.014.G are eligible either for use consistent with the terms of Section 23.49.011 or for use by projects developed pursuant to permits issued under the provisions of this Title 23 in effect prior to August 26, 2001. The use of TDR transferred under this subsection 23.49.014.G on the receiving lot shall be subject only to those conditions and limits that apply for purposes of the master use permit decision for the project using the TDR. H. Time of determination of TDR eligible for transfer. Except as stated in subsection 23.49.014.G, the eligibility of a sending lot to transfer TDR, and the amount transferable from a sending lot, shall be determined as of the date of transfer from the sending lot and shall not be affected by the date of any application, permit decision or other action for any project seeking to use such TDR. I. Use of previously transferred TDR by new projects. Any project using TDR according to applicable limits on types and amounts of TDR in Section 23.49.011 may use TDR that were transferred from the sending lot consistent with the provisions of this Title 23 in effect at the time of such transfer. For purposes of this subsection 23.49.014.I, the owner of TDR that were transferred based upon a housing commitment accepted by the City shall be entitled to have such TDR considered as housing TDR. (Ord. 126864 , § 18, 2023; Ord. 126855 , § 30, 2023; Ord. 126157 , § 38, 2020; Ord. 125371 , § 8, 2017; Ord. 125291 , § 19, 2017; Ord. 124680 , § 5, 2015; Ord. 124591, § 3, 2014; Ord. 124378 , § 46, 2013; Ord. 124072, § 3, 2012; Ord. 123589, § 12, 2011; Ord. 123046, §§ 34, 65, 2009; Ord. 122611 , § 3, 2007; Ord. 122054 § 16, 2006; Ord. 121874 § 2, 2005; Ord. 120967 §§ 4,5, 2003; Ord. 120443 , § 11, 2001.)