23.49.034

A. The modification of plazas, shopping plazas, arcades, shopping arcades, and voluntary building setbacks that resulted in any increase in gross floor area under Title 24 of the Seattle Municipal Code, shall be encouraged in any Downtown zone if the change makes the plaza, arcade or setback more closely conform to the criteria for amenities or street level use and development standards in this chapter. The Director shall review proposed modifications to determine whether they provide greater public benefits and are consistent with the intent of the Downtown Amenity Standards, as specified in this section. The procedure for approval of proposed modifications shall be as provided in Chapter 23.76 , Procedures for Master Use Permits and Council Land Use Decisions, except as provided in subsection G of this section. B. Except as provided in subsections E2 and E3, no modification to a plaza or other feature listed in subsection A may be made under this section if it will increase the total floor area ratio (FAR) of the structure. Except as permitted in subsections E2 and E3, no reduction in the area of the bonused feature may be made for addition or expansion of any uses, except for the following uses, to the extent permitted: 1. general sales and services, 2. major durables retail sales, 3. eating and drinking establishments, 4. lodging, 5. entertainment, 6. automotive sales and services, 7. marine sales and services, 8. animal shelters and kennels, 9. medical services, 10. human service uses, or 11. child care centers, unless the loss of area is offset by the conversion of existing floor area in the structure to uses exempt from chargeable floor area under Section 23.49.011 . C. Plazas and Shopping Plazas. Modifications to plazas and shopping plazas for which increased gross floor area was granted under Title 24 shall be permitted, based on the classification of the plaza on Map 1E [6] . 1. Type I Plazas. Type I plazas shall continue to function as major downtown open spaces. Modification of these plazas and/or reductions in plaza size shall be permitted if the Director finds that the modified or remaining plaza is consistent with the intent of the Downtown Amenity Standards for urban plazas and parcel parks. 2. Type II Plazas. Type II plazas do not function as major downtown open spaces, but they shall continue to provide open space for the public. Modification of these plazas and/or reductions in plaza size shall be permitted if the Director finds that the modified or remaining plaza is consistent with the intent of the Downtown Amenity Standards for urban plazas, parcel parks, and hillside terraces. D. Shopping Arcades. 1. Exterior Shopping Arcades. When street level uses are eligible for a floor area bonus in a zone in which an existing exterior shopping arcade is located, the existing shopping arcade or a portion of the existing shopping arcade may be converted to retail sales and service uses if the conversion will result in greater conformity with the street facade development standards of the zone, and if the minimum sidewalk widths established by Section 23.49.022 are met. No bonuses shall be given for any retail space created by conversion of a shopping arcade. New retail sales and service uses shall comply with the Downtown Amenity Standards for retail shopping bonuses. 2. Interior Shopping Arcades. Portions of existing interior shopping arcades may be modified and/or reduced in size, so long as any pathway which connects streets or other public open spaces is maintained at a width of at least fifteen (15) feet and it continues to allow comfortable and convenient pedestrian movement. The visual interest and the sense of space and light in the shopping arcade shall be also maintained and enhanced if possible. The Downtown Amenity Standards for shopping atriums and shopping corridors shall be used as a guideline in the review of proposed changes. E. Arcades. The Director shall use the following standards to determine whether an arcade may be filled in, and to determine the uses that may be permitted in a former arcade. 1. Arcades that provide essential pedestrian connections, such as a connection to a bonused public open space or access to public parks, shall not be filled in. 2. Arcades that do not provide essential pedestrian connections may be filled in. In downtown areas where bonuses may be granted for shopping atriums and shopping corridors, an arcade may be filled in only with uses which qualify for a retail shopping bonus. In other areas, when the total floor area of the structure does not exceed the maximum permitted FAR, the arcade may be filled in with uses which qualify as required street-level uses except that arcades along alleys may be filled in with any permitted use. If the structure exceeds the maximum permitted FAR, arcades may only be filled in with uses which qualify for a retail shopping bonus. 3. If an arcade is filled in with a use which does not qualify for a retail shopping bonus pursuant to subsection E2, new public benefit features shall be required for any additional floor area. 4. Overhead weather protection shall be provided when an arcade on a street or public open space is filled in. No additional floor area shall be granted for the required overhead weather protection. F. Voluntary Building Setbacks. Voluntary building setbacks may be filled in to provide retail sales and service uses, provided that the conversion maintains the minimum required sidewalk width established in Section 23.49.022 , and will result in greater conformity with the standards for required street-level uses, if any, and street facade development standards for the zone. G. Optional Public Access and Signage Standards. The owner of any lot with a plaza, arcade, shopping plaza, or exterior shopping arcade for which a bonus was granted under Title 24 , and which feature has not become subject to standards for amenity features under Title 23 , may elect to have the signage requirements and the terms of public access and use for that feature governed by the Downtown Amenity Standards as they apply to urban plazas, as modified by this subsection G. If the owner so elects, then the hours during which such feature must be open to the public without charge shall be as designated by the owner on signs identifying the feature, but in any event shall include the period from 7:00 AM to 11:00 PM every day, plus any other hours during which the principal structure on the lot is open. In order to make an election under this subsection G, the owner shall sign and record in the real property records a declaration in form approved by the Director. The owner then shall install and maintain signs identifying the feature as open to the public, consistent with the Downtown Amenity Standards. Such election, once made, may not be revoked or modified. The public access and signage requirements pursuant to this subsection shall be deemed conditions of any permit under which a bonus was allowed for the feature. The purpose of this subsection is to encourage public awareness and use of features bonused under Title 24 , while providing for greater certainty and consistency in the rules applicable to such features. Until an election shall be made as to any such feature in compliance with this subsection G, nothing in this subsection G shall limit any obligation to allow public access or use of any such feature under the terms of any permit or Code provision. (Ord. 122311 , § 54, 2006; Ord. 122054 § 34, 2006; Ord. 112522 § 12(part), 1985; Ord. 112303 § 3(part), 1985.)