23.49.035

A. All public benefit features, except (1) housing and (2) landmark performing arts theaters, shall remain for the life of the structure that includes the additional gross floor area except as otherwise specifically permitted pursuant to this section. B. Unless the specified period for which a feature is to be maintained has expired in accordance with the terms of this chapter, or another provision of this chapter specifically otherwise provides, a public benefit feature may be diminished or discontinued only if: 1. the feature is not housing or child care; and 2. a. the additional gross floor area permitted in return for the specific feature is removed or converted to a use that is not counted as chargeable floor area; or b. an amount of chargeable floor area equal to that obtained by the public benefit feature to be replaced is provided pursuant to provisions for granting floor area above the base FAR in this chapter. C. The terms under which use as a Landmark performing arts theater may be discontinued or diminished, and the sanctions for failure to continue such use, shall be governed by the agreements and instruments executed by the City and owners of the properties on which such theaters are located. Any such change in use shall not affect any other structure for which additional FAR was granted in return for the provision of such public benefit features. D. In addition to the provisions of subsections A and B, this subsection applies in Downtown zones when additional gross floor area or a floor area exemption is granted for any of the following public benefit features: Human service uses, child care centers, retail shopping, cinemas, performing arts theaters other than landmark performing arts theaters, major retail stores, and museums. 1. In the event that the occupant or operator of one (1) of the public benefit features listed in this subsection moves out of a structure, or notifies the owner of intent to move, the owner or owner's agent shall notify the Director within five (5) days of the date that notice of intent to move is given or that the occupant or operator moves out, whichever is earlier. 2. Starting from the fifth day after notice is given or that the occupant or operator moves out, whichever is first, the owner or owner's agent shall have a maximum of six (6) months to replace the use with another use that meets the provisions of Section 23.49.011 and the Downtown Amenity Standards. 3. When the public benefit feature is replaced, any portion of the gross floor area formerly occupied by that feature and not reoccupied by a replacement feature, may be either: a. Changed to other uses that are exempt from FAR calculations in the zone in which the structure is located; or b. Changed to uses that are not exempt from FAR calculations, provided that this would not cause the structure to exceed the maximum FAR limit for the zone in which it is located, and that gross floor area in an amount equivalent to the gross floor area proposed to be changed shall be achieved through provision of public benefit features, or transfer of development rights, according to the provisions of SMC Section 23.49.011 . 4. As a condition to allowing the substitution of a feature, rather than an application to establish floor area de novo under the terms of this chapter, during the time that the space formerly constituting the amenity feature is vacant, it shall be made available to nonprofit community and charitable organizations for events at no charge. E. Modifications of amenity features that do not result in the diminishment or discontinuation of the feature may be permitted by the Director as a Type I decision, provided that the Director finds that the feature as modified meets the eligibility conditions in the Downtown Amenity Standards. F. A qualifying small structure for which a bonus is allowed pursuant to Section 23.49.011 shall be considered discontinued if it is removed or altered so that it is no longer a qualifying small structure within the meaning of that Section. G. A qualifying Landmark for which a bonus is allowed pursuant to Section 23.49.011 shall be considered discontinued if it is demolished or removed, or it is altered so that it is no longer a qualifying Landmark within the meaning in that Section; or if any feature or characteristic that is controlled or designated by ordinance is removed or altered contrary to any provision of Chapter 25.12 ; or if the owner fails to maintain in good condition and repair any feature or characteristic of the structure that is designated or subject to controls under any ordinance; or if there is any revision or revocation of controls pursuant to Section 25.12.860 or successor provision. (Ord. 122524 , § 3, 2007; Ord. 122054 § 35, 2006; Ord. 119484 § 8, 1999; Ord. 117263 , § 33, 1994; Ord. 116513 , § 2, 1993; Ord. 112303 § 3(part), 1985.)