23.66.140

A. Maximum height. Maximum structure height is regulated by Section 23.49.178 . B. Minimum height. No structure shall be erected or permanent addition added to an existing structure that would result in the height of the new structure of less than 50 feet, except as allowed in the PSM 85-120 zone under the provisions of Section 23.49.180 for the area shown on Map A for 23.49.180. Height of the structure is to be measured from mean street level fronting on the property to the mean roofline of the structure. C. Rooftop features and additions to structures 1. The height limits established for the rooftop features described in this Section 23.66.140 may be increased by the average height of the existing street parapet or a historically substantiated reconstructed parapet on the building on which the rooftop feature is proposed. 2. For development in the PSM 85-120 zone in the area shown on Map A for 23.49.180 and subject to the provisions of Section 23.49.180 , the height limits for rooftop features are provided in subsection 23.49.008.D. The standards contained in subsections 23.66.140.C.1 and 23.66.140.C.4 do not apply to rooftop features on development subject to the provisions of Section 23.49.180 . 3. The setbacks required for rooftop features may be modified by the Department of Neighborhoods Director, after a sight line review by the Preservation Board to ensure that the features are minimally visible from public streets and parks within 300 feet of the structure. 4. Height limits for rooftop features a. Religious symbols for religious institutions, smokestacks, and flagpoles may extend up to 50 feet above the roof of the structure or the maximum height limit, whichever is less, except as regulated in Chapter 23.64 , provided that they are a minimum of 10 feet from all lot lines. b. For existing structures, open railings, planters, clerestories, skylights, play equipment, parapets, and firewalls may extend up to 4 feet above the roof of the structure or the maximum height limit, whichever is less. For new structures, such features may extend up to 4 feet above the maximum height limit. No rooftop coverage limits apply to such features regardless of whether the structure is existing or new. c. Solar collectors, excluding greenhouses, may extend up to 7 feet above the roof of the structure or the maximum height limit, whichever is less, with unlimited rooftop coverage, provided they are a minimum of 10 feet from all lot lines. For new structures, solar collectors may extend up to 7 feet above the maximum height limit, except as provided in subsection 23.66.140.C.4.j.1, and provided that they are a minimum of 10 feet from all lot lines. d. The following rooftop features may extend up to 8 feet above the roof or maximum height limit, whichever is less, if they are set back a minimum of 15 feet from the street and 3 feet from an alley. They may extend up to 15 feet above the roof if set back a minimum of 30 feet from the street. A setback may not be required at common wall lines subject to review by the Preservation Board and approval by the Department of Neighborhoods Director. The combined coverage of the following listed rooftop features shall not exceed 25 percent of the roof area: 1) Solar collectors, excluding greenhouses; 2) Stair and elevator penthouses; 3) Mechanical equipment; 4) Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.014 . Additional combined coverage of the rooftop features listed in subsection 23.66.140.C.4.d.1 through 23.66.140.C.4.d.4, not to exceed 35 percent of the roof area, may be permitted subject to review by the Preservation Board and approval by the Department of Neighborhoods Director. e. On structures existing prior to June 1, 1989, and on additions to such structures permitted according to subsection 23.66.140.C.4.i or otherwise, new or replacement mechanical equipment and stair and elevator penthouses may extend up to 8 feet above the elevation of the existing roof or addition, as applicable, when they are set back a minimum of 15 feet from the street and 3 feet from an alley; or may extend up to 12 feet above the elevation of the existing roof or addition, as applicable, if they are set back a minimum of 30 feet from the street, subject to review by the Preservation Board and approval by the Department of Neighborhoods Director. On structures where rooftop features are allowed under subsection 23.66.140.C.4.e, the combined coverage of these rooftop features and any other features listed in subsection 23.66.140.C.4.d shall not exceed the limits provided in subsection 23.66.140.C.4.d or the limits in subsection 23.66.140.C.4.k if they apply. f. Rooftop penthouses. The following types of occupied rooftop penthouse uses are permitted as a rooftop feature of a new building, or as a rooftop addition on an existing structure if it is at least 40 feet in height. Measurement of height for purposes of this subsection 23.66.140.C.4.f may include the height of already-permitted and already-built rooftop penthouses regulated by this subsection 23.66.140.C.4.f. 1) Residential penthouses may cover a maximum of 50 percent of the total roof surface and may extend up to 8 feet above the roof if set back a minimum of 15 feet from the street property line, or 15 feet above the roof if set back a minimum of 30 feet from the street property line. 2) When permitted, office penthouses may cover a maximum of 50 percent of the total roof surface, may extend up to 15 feet above the roof of the structure, shall be functionally integrated into the existing structure, and shall be set back a minimum of 15 feet from all property lines. Accessory mechanical equipment may be placed on roofs of these penthouses if needed to support these uses. The height of this equipment is limited to the minimum needed to serve its function, and its coverage is subject to the coverage limits in subsection 23.66.140.C.4.d. 3) Penthouses for lodging uses. When permitted, penthouses for lodging uses may cover a maximum of 50 percent of the total roof surface, may extend up to 15 feet above the roof of the structure, shall be functionally integrated into the existing structure, and shall be set back a minimum of 15 feet from all property lines. For purposes of this subsection 23.66.140.C.4.f.3, lodging uses may include accessory uses such as dining areas, and eating and drinking establishments. Accessory mechanical equipment may be placed on roofs of these penthouses if needed to support lodging uses. The height of this equipment is limited to the minimum needed to serve its function, and its coverage is subject to the coverage limits in subsection 23.66.140.C.4.d. 4) Penthouses for eating and drinking establishments. When permitted, penthouses for these uses may cover a maximum of 50 percent of the total roof surface, may extend up to 15 feet above the roof of the structure, shall be functionally integrated into the existing structure, and shall be set back a minimum of 15 feet from all property lines. Accessory mechanical equipment may be placed on roofs of these penthouses if needed to support these uses. The height of this equipment is limited to the minimum needed to serve its function, and its coverage is subject to the coverage limits in subsection 23.66.140.C.4.d. 5) The combined height of the structure and a penthouse, if permitted, shall not exceed the maximum height limit for that area of the District in which the structure is located.6) View studies depicting views toward a proposed improvement, including from distances up to 300 feet, are required for all rooftop penthouses. Increasing setbacks, lowering roof heights, or other design adjustments may be required to ensure the penthouse is minimally visible. g. Screening of rooftop features. Measures may be taken to screen rooftop features from public view subject to review by the Preservation Board and approval by the Department of Neighborhoods Director. The amount of rooftop area enclosed by rooftop screening may exceed the maximum percentage of the combined coverage of rooftop features listed in subsection 23.66.140.C.4.d. In no circumstances shall the height of rooftop screening exceed 15 feet above the maximum height limit or height of an addition permitted according to subsection 23.66.140.C.4.i or otherwise, whichever is higher. h. See Section 23.57.014 for regulation of communication utilities and accessory devices. i. For a structure that has existed since before June 10, 1985, and is nonconforming as to structure height, an addition to the structure may extend to the height of the roof of the existing structure if: 1) The use of the addition above the limit on structure height applicable under Section 23.49.178 is limited to residential use; and 2) The addition occupies only all or a portion of the part of a lot that is bounded by an alley on one side and is bounded on at least two sides by walls of the existing structure that are not street-facing facades. j. Covered or enclosed rooftop recreational spaces for new structures and structures built later than January 19, 2008 1) If included on new structures or structures built later than January 19, 2008, covered or enclosed rooftop recreational spaces and solar collectors are authorized and may exceed the maximum height limit by up to 15 feet. A covered or enclosed rooftop recreational space may be used as a recreational space or as an eating and drinking establishment if the standards in this subsection 23.66.140.C.4.j are met. 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 , and meet a Green Factor requirement of .30 or greater according to the provisions of Section 23.86.019 . Each covered or enclosed rooftop recreational space shall include interpretive signage explaining the sustainable features employed on or in the structure. Measurement for purposes of this subsection 23.66.140.C.4.j shall include the height and setbacks of any already-permitted and already-built enclosed rooftop recreational spaces regulated by this subsection 23.66.140.C.4.j. Accessory mechanical equipment may be placed on roofs of these rooftop spaces if needed to support these uses. The height of this equipment is limited to the minimum needed to serve its function, and its coverage is subject to the coverage limits in this subsection 23.66.140.C.4.j. 2) Elevator penthouses serving a covered or an enclosed rooftop recreational space or eating and drinking establishment may exceed the maximum height limit by up to 20 feet. 3) Covered or enclosed rooftop recreational spaces, eating and drinking establishments, mechanical equipment, and elevator and stair penthouses shall not exceed 50 percent coverage of the roof area. 4) Covered or enclosed rooftop recreational spaces, eating and drinking establishments, mechanical equipment, and elevator and stair penthouses on new structures shall be set back a minimum of 30 feet from all streets and 3 feet from all alleys. Solar collectors shall be set back as provided in subsections 23.66.140.C.4.c and 23.66.140.C.4.d. 5) Owners of structures with covered or enclosed rooftop recreational spaces permitted pursuant to this subsection 23.66.140.C.4.j shall submit to the Director, the Pioneer Square Preservation Board, and the Director of Neighborhoods a report documenting compliance with the commitment and Green Factor requirements set forth in subsection 23.66.140.C.4.j.1. k. Greenhouses are permitted if they meet height and setback provisions in subsection 23.66.140.C.4.d and if the combined total coverage of greenhouses, solar collectors, stair and elevator penthouses, and mechanical equipment does not exceed 35 percent of the roof area. If the coverage includes greenhouses, a combined coverage of these rooftop features not to exceed 45 percent of the roof area may be permitted subject to review by the Preservation Board and approval by the Department of Neighborhoods Director. D. New structures. When new structures are proposed in the District, the Preservation Board shall review the proposed height of the structure and make recommendations to the Department of Neighborhoods Director who may require design changes to assure reasonable protection of views from Kobe Terrace Park. (Ord. 126857 , § 2, 2023; Ord. 126600 , § 15, 2022; Ord. 125272 , § 54, 2017; Ord. 125163 , § 17, 2016; Ord. 124883 , § 15, 2015; Ord. 124305, § 2, 2013; Ord. 123034, § 10, 2009; Ord. 122935, § 16, 2009; Ord. 122605 , § 1, 2007; Ord. 122435 , § 2, 2007; Ord. 120928, § 39, 2002; Ord. 120117, § 48, 2000; Ord. 119484, § 38, 1999; Ord. 119370, § 17, 1999; Ord. 116744 , § 38, 1993; Ord. 112303, § 7, 1985; Ord. 112134, § 1, 1985.)