23.73.009

A. For lots with residential uses only, or lots that include both residential and non-residential uses, the total FAR limit shall not exceed 3.75 , except as provided in this Section 23.73.009 and in Section 23.73.024 for projects using transfer of development potential. B. The gross floor area of non-residential uses is limited to a maximum of 2.25 FAR, except as provided in this Section 23.73.009 and in Section 23.73.024 for projects using transfer of development potential. C. For development on a lot that meets one of the following conditions, the FAR limits in subsections 23.73.009.A and 23.73.009.B do not apply and the FAR limits for the underlying zone apply instead: 1. A character structure has not existed on the lot since January 18, 2012; or 2. For lots that include a character structure, all character structures on the lot are retained according to Section 23.73.015 or a departure is approved through the design review process to allow the removal of a character structure based on the provisions of subsection 23.41.012.B. If the lot includes a character structure that has been occupied by residential uses since January 18, 2012, the same amount of floor area in residential uses shall be retained in that structure, unless a departure is approved through the design review process to allow the removal of the character structure based on the provisions of subsection 23.41.012.B. The owner of the lot shall execute and record in the King County real property records an agreement to provide for the maintenance of the required residential uses for the life of the project. D. In addition to the floor area exempt under the provisions of the underlying zone, the following floor area is exempt from the calculation of gross floor area subject to an FAR limit if a character structure is retained on the lot: 1. The following street-level uses complying with the standards of Section 23.47A.008 and subsection 23.73.008.B: a. General sales and services; b. Major durables retail sales; c. Eating and drinking establishments; d. Museums; e. Religious facilities; f. Libraries; and g. Automotive retail sales and service uses located within an existing structure or within a structure that retains a character structure as provided in Section 23.73.015 . 2. Floor area used for theaters or arts facilities. 3. All floor area in residential use in a development that retains all character structures on the lot as provided in Section 23.73.015 , or that uses the transfer of development potential (TDP) on a lot that is a TDP receiving site according to Section 23.73.024 , unless a departure is approved through the design review process to allow the removal of a character structure based on the provisions of subsection 23.41.012.B. 4. In areas where the underlying zoning is NC3P-75, all floor area in any use if the lot that is to be developed is 8,000 square feet or less in area and has been either vacant or in parking use since February 27, 1995. 5. Floor area in non-residential use within a character structure that meets the minimum requirements for retaining a character structure in subsection 23.73.024.C.4, provided that the non-residential use does not displace a residential use existing in the structure since January 18, 2012. (Ord. 126157 , § 50, 2020; Ord. 125791 , § 102, 2019; Ord. 125429 , § 17, 2017; Ord. 125272 , § 58, 2017; Ord. 124503, § 7, 2014; Ord. 123776, § 6, 2011; Ord. 123020, § 7, 2009)