23.49.023

A. Zones where extra residential floor area may be allowed. In South Downtown, extra residential floor area, as defined in subsection 23.58A.004.B, is permitted in DMC, DMR, IDM, and IDR zones and in PSM zones except the PSM 100 and PSM 85-120 zones according to this Section 23.49.023 and Chapter 23.58A . B. Means to achieve extra residential floor area. 1. Except as provided in subsection 23.49.023.B.2, if the maximum height limit for residential use is 95 feet or lower, the applicant shall use housing bonus residential floor area, as defined in subsection 23.58A.004.B, to achieve all extra residential floor area on the lot. If the maximum height limit for residential use is greater than 95 feet, the applicant shall use housing bonus residential floor area, as defined in subsection 23.58A.004.B, to achieve 60 percent of the total extra residential floor area on the lot. To the extent permitted under the provisions of the zone, the applicant shall achieve 40 percent of extra residential floor area through one or more of the following: a. Bonus residential floor area for amenities pursuant to Section 23.58A.040 ; and/or b. Transfer of transferable residential development potential pursuant to Section 23.58A.042 ; and/or c. Bonus residential floor area for contributing structures pursuant to subsection 23.49.023.C. 2. In South Downtown zones, low-income housing may achieve extra residential floor area without meeting the requirements of subsection 23.49.023.B.1. C. Bonus floor area for contributing structures in IDM and IDR zones. On a lot that is located within an IDM or IDR zone and that includes one or more contributing structures under Section 23.66.032 , an amount of floor area up to the equivalent gross floor area within the contributing structure or structures, including floor area below grade that is rehabilitated as part of the structure, but not to exceed 40 percent of the total extra residential floor area to be gained on the lot, is allowed as bonus floor area if all the following conditions are met: 1. No South Downtown Historic TDR or TDP has been previously transferred from the lot of the contributing structure. 2. The structure has been determined to be contributing within no more than three years prior to using the bonus residential floor area under this subsection 23.49.023.C. 3. As a condition to using the bonus residential floor area under this subsection 23.49.023.C, except from a City-owned sending lot, the fee owner of the lot shall execute and record an agreement running with the land, in form and content acceptable to, and accepted in writing by, the Director of Neighborhoods, providing for the rehabilitation and maintenance of the historically significant structure or structures on the lot. The Director may require evidence that each holder of a lien has effectively subordinated the lien to the terms of the agreement, and that any holders of interests in the property have agreed to its terms. To the extent that the contributing structure requires restoration or rehabilitation for the long-term preservation of the structure or its historically or architecturally significant features, the Director of Neighborhoods may require, as a condition to acceptance of the necessary agreement, that the owner of the lot apply for and obtain a certificate of approval from the Director of Neighborhoods after review by the International Special Review District Board, as applicable, for the necessary work, or post security satisfactory to the Director of Neighborhoods for the completion of the restoration or rehabilitation, or both. D. Transferable Development Potential (TDP) 1. Open space TDP may be transferred from a lot in any zone in South Downtown, subject to Section 23.58A.042 , but only to a lot in South Downtown that is eligible to use TDP. 2. South Downtown Historic TDP may be transferred from a lot in any zone within the Pioneer Square Preservation District or the International Special Review District, subject to Section 23.58A.042 , but only to a lot in South Downtown that is eligible to use TDP. E. Limits on TDP sending sites 1. Development on any lot from which TDP is transferred is limited pursuant to Section 23.58A.042 , any other provision of this Title 23 notwithstanding. 2. Lot coverage on any lot from which open space TDP is transferred is limited pursuant to Section 23.58A.042 . F. For new structures in PSM, IDM, DMR, and DMC zones within South Downtown that include extra residential floor area pursuant to Chapter 23.58A , the applicant shall make a commitment that the proposed development will meet the green building standard and shall demonstrate compliance with that commitment, all in accordance with Chapter 23.58D . G. Extra floor area for hotel use in IDM 85/85-170. In a mixed-use development that includes residential use and hotel use in an IDM 85/85-170 zone, extra floor area for hotel use above base height limits may be gained under this Section 23.49.023 on the same terms and conditions as extra residential floor area if the structure otherwise qualifies to exceed base height limits under subsection 23.49.208.E. If extra residential floor area is gained for the same development, it shall be combined with any such extra floor area in hotel use for all purposes under this Section 23.49.023 and under Chapter 23.58A . (Ord. 126855 , § 32, 2023; Ord. 125603 , § 47, 2018; Ord. 125371 , § 9, 2017; Ord. 125163 , § 13, 2016; Ord. 124172, § 38, 2013; Ord. 123589, § 17, 2011.)