23.73.010

A. Floor area limit. The following provisions apply to lots located outside the boundaries of the Conservation Core identified on Map A for 23.73.010. 1. The maximum gross floor area of any single story above 35 feet in height is limited to 15,000 square feet, except as provided in subsections 23.73.010.A.2, 23.73.010.A.3, 23.73.010.B, and 23.73.010.C. 2. For a project that is allowed extra height above the height limit by subsection 23.73.014.A, the 35-foot height above which the floor area limit applies is increased to 39 feet, provided that the provisions for allowing additional height under subsection 23.73.014.A are met. 3. For a project that is allowed extra height above the height limit by subsection 23.73.014.B, the 35-foot height above which the floor area limit applies is increased to 39 feet, provided that: a. The provisions for allowing additional height under subsection 23.73.014.B are met, and b. The minimum floor-to-ceiling height of non-residential uses at street level is at least 13 feet, except that if a character structure is retained according to Section 23.73.015 , the floor-to-ceiling height of the portion of the street-level story above the footprint of the character structure need not exceed the original floor-to-ceiling height of the character structure. 4. On a lot with more than one structure or more than one portion of the same structure that exceeds 35 feet in height, the floor area limit applies to the combined portions of each story above 35 feet in height. If 39 feet is the height above which the floor area limit applies as allowed by subsection 23.73.010.A.1 and subsection 23.73.010.A.2, then the floor area limit applies to the combined portions of each story above 39 feet. 5. If new structures on the same or abutting lots have internal connections above or below grade, each of the stories of the connected structures are considered to be a single story for the purpose of calculating the floor area subject to the floor area limit. Map A for 23.73.010 Conservation Core B. Exceptions to floor area limit 1. A 15 percent increase in the floor area limit is permitted for projects that meet the following conditions: a. The project retains all the character structures existing on the lot, 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; and b. The project includes uses that contribute to the area's recognized character as an arts district, including performing arts space or artist-studio dwellings that typically have design requirements such as nonstandard floor-to-ceiling heights that reduce the total amount of usable floor area in a structure; or c. A minimum of 50 percent of the total gross floor area of the project is moderate-income units; or d. Through the design review process a determination is made that including one or more of the following features offsets the increase in the bulk of the project and allows for a design treatment that achieves the intent of the neighborhood design guidelines better than adhering to the floor area limit that would apply without the exception: 1) A landscaped courtyard that is visible from the sidewalk and located primarily at street level on a street that is not a principal pedestrian street; 2) A through-block pedestrian corridor that connects parallel streets bounding the project, consistent with the neighborhood design guidelines; or 3) Open space at locations that support the gateway and open space concepts promoted in the neighborhood design guidelines. 2. Retaining character structures on a lot. A 25 percent increase in the floor area limit established in subsection 23.73.010.A is permitted for a project that retains all the character structures on the same lot according to the provisions in Section 23.73.015 , 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. Any increase in floor area permitted according to this subsection 23.73.010.B.2 shall not be combined with any other increase in floor area permitted according to subsection 23.73.010.B.1 or 23.73.010.B.3. 3. A 25 percent increase in the floor area limit is permitted on a lot that qualifies as a receiving site for a project that adds floor area through the use of TDP as permitted by Section 23.73.024 , provided that the amount of floor area added through the use of TDP is equivalent to at least 0.25 FAR, as calculated for the receiving site. Any increase in floor area permitted according to this subsection 23.73.010.B.3 shall not be combined with any other increase in floor area permitted according to subsection 23.73.010.B.1 or 23.73.010.B.2. C. Exempt floor area. The following is not included in calculating floor area subject to the floor area limit: 1. Floor area within an existing character structure either on the lot or an abutting lot within the same development site if the entire character structure is retained according to the provisions of subsection 23.73.024.C.4. 2. For a project that retains an entire character structure on the lot according to the requirements of subsection 23.73.024.C.4, any floor area in a portion of the new structure that extends or cantilevers over the character structure; provided that the new structure does not alter the envelope or interior of the character structure. Connections between the new structure and the facades of the retained character structure that do not face a public street are allowed. (Ord. 126855 , § 63, 2023; Ord. 125791 , § 103, 2019; Ord. 125429 , § 18, 2017; Ord. 124503, § 8, 2014; Ord. 123776, § 7, 2011; Ord. 123392, § 5, 2010; Ord. 123020, § 8, 2009; Ord. 122311 , § 93, 2006; Ord. 121196 § 28, 2003; Ord. 120004 § 7, 2000.)