Open space TDR Site Eligibility
Seattle Mun. Code § 23.49.017
in effectA. Intent. The intent of open space TDR is to provide opportunities for establishing a variety of usable public open space generally distributed to serve all areas of downtown. B. Application and Approval. The owner of a lot who wants to establish and convey open space TDR shall apply to the Director for approval of the lot as a sending lot for open space TDR. The application shall include a design for the open space in such detail as the Director shall require and a maintenance plan for the open space. The Director shall review the application pursuant to the provisions of this section, and shall approve, disapprove or conditionally approve the application to establish and convey open space TDR. Conditions may include, without limitation, assurance of funding for long-term maintenance of the open space and dates when approvals shall expire if the open space is not developed. C. Area Eligible for Transfer. For purposes of calculating the amount of TDR transferable under Section 23.49.014 , Transfer of Development Rights (TDR), eligible area does not include any portion of the lot occupied above grade by a structure or use unless the structure or use is accessory to the open space. D. Basic requirements. In order to qualify as a sending lot for open space TDR, the sending lot must include open space that satisfies the basic requirements of this subsection, unless an exception is granted by the Director pursuant to subsection 23.49.017.H. A sending lot for open space TDR must: 1. Include a minimum area as follows: a. Contiguous open space with a minimum area of 15,000 square feet; or b. A network of adjacent open spaces, which may be separated by a street right-of-way, that are physically and visually connected with a minimum area of 30,000 square feet; 2. Be directly accessible from the sidewalk or another public open space, including access for persons with disabilities; 3. Be at ground level, except that in order to provide level open spaces on steep lots, some separation of multiple levels may be allowed, provided they are physically and visually connected; 4. Not have more than 20 percent of the lot area occupied by any above grade structures; and 5. Be located a minimum of ¼ of a mile from the closest lot approved by the Director as a separate open space TDR site. E. Open Space Guidelines. The Director shall consider the following guidelines, and may disapprove or condition an application based on one or more of them. If the Director determines that the design for the open space will substantially satisfy the intent of the guidelines as a whole, the Director need not require that every guideline be satisfied as a condition to approval. Open space should be designed to: 1. Be well integrated with Downtown's pedestrian and transit network; 2. Be oriented to promote access to sun and views and protection from wind, taking into account potential development on adjacent lots built to the maximum limits zoning allows; 3. Enhance user safety and security and ease of maintenance; 4. Be highly visible because of the relation to the street grid, topographic conditions, surrounding development pattern, or other factors, thereby enhancing public access and identification of the space as a significant component of the urban landscape; 5. Incorporate various features, such as seating and access to food service, that are appropriate to the type of area and that will enhance public use of the area as provided by the guidelines for an urban plaza in the Downtown Amenity Standards; 6. Provide such ingress and egress as will make the areas easily accessible to the general public along street perimeters; 7. Be aesthetically pleasing space that is well integrated with the surrounding area through landscaping and special elements, which should establish an identity for the space while providing for the comfort of those using it; 8. Increase activity and comfort while maintaining the overall open character of public outdoor space; and 9. Include artwork as an integral part of the design of the public space. F. Public Access. 1. Recorded Documents. The open space must be subject to a recorded easement, or other instrument acceptable to the Director, to limit any future development on the lot and to ensure general public access and the preservation and maintenance of the open space, unless such requirement is waived by the Director for open space in public ownership. The Director is authorized to accept such an easement or instrument, so long as its terms do not impose obligations or costs on the City. 2. Hours of Operation. The open space must be open to the general public without charge for reasonable and predictable hours, such as those for a public park, for a minimum of ten (10) hours each day of every week. Within the open space, property owners, tenants and their agents shall allow individuals to engage in activities allowed in public parks of a similar nature. Free speech activities such as hand billing, signature gathering and holding signs, all without obstructing access to the open space, or adjacent buildings or features, and without unreasonably interfering with the enjoyment of the space by others, shall be allowed. While engaged in allowed activities members of the public may not be asked to leave for any reason other than conduct that unreasonably interferes with the enjoyment of the space by others. 3. Plaque Requirement. A plaque indicating the nature of the site and its availability for general public access must be placed in a visible location at the entrances to the site. The text on the plaque is subject to the approval of the Director. G. Maintenance. The property owner and/or another responsible party who shall have assumed obligations for maintenance on terms approved by the Director, shall maintain all elements of the site, including but not limited to landscaping, parking, seating and lighting, in a safe and clean condition as provided for in a maintenance plan to be approved by the Director. H. Special exception for Open Space TDR sites. The Director may authorize an exception to the requirements for open space TDR sites in subsection 23.49.017.D, as a special exception pursuant to Chapter 23.76 , Procedures for Master Use Permit and Council Land Use Decisions. 1. The provisions of this subsection 23.49.017.H will be used by the Director in determining whether to grant, grant with condition or deny a special exception. The Director may grant exceptions only to the extent such exceptions further the provisions of this subsection 23.49.017.H. 2. In order for the Director to grant, or grant with conditions, an exception to the requirements for open space TDR sites, the following must be satisfied: a. The exception allows the design of the open space to take advantage of unusual site characteristics or conditions in the surrounding area, such as views and relationship to surroundings; and b. The applicant demonstrates that the exceptions would result in an open space that better meets the intent of the provisions for open space TDR sites in subsection 23.49.017.D. (Ord. 123046, § 35, 2009; Ord. 122054 § 21, 2006.)
Source: Seattle Municipal Code (Municode library)URL: https://library.municode.com/wa/seattle/codes/municipal_codeFetched: 7/25/2026