AN ORDINANCE relating to land use and zoning amending height and rooftop features provisions in downtown, commercial and industrial zones by amending the following Sections in Title 23, Seattle Land Use Code, of the Seattle Municipal Code: 23.41.012; 23.47.012; 23.49.008; 23.49.048; 23.49.068; 23.49.098; 23.49.124; 23.49.150; 23.49.210; 23.49.328; 23.49.342; 23.50.012; 23.50.020; 23.50.022; 23.50.027; and 23.50.028.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection B of Section 23.41.012 of the Seattle Municipal Code, as last amended by Ordinance 118362, is amended as follows:

23.41.012 Development standard departures.

* * *

B. The following development standard departures may be permitted through design review:

1. Structure width and depth limits;

2. Setback requirements;

3. Modulation requirements;

4. SCM zone facade requirements, including transparency and blank facade provisions;

5. Design, location and access to parking requirements;

6. Open space or common recreation area requirements;

7. Lot coverage limits;

8. Screening and landscaping requirements;

9. Standards for the location and design of nonresidential uses in mixed-use buildings;

10. Within Urban Centers, in L-3 zones only, the pitched roof of a structure, as provided in Section 23.45.009C, may incorporate additional height of up to twenty (20) percent of the maximum height permitted, as provided in Section 23.45.009A, subject to the following limitations:

a. A pitched roof may not incorporate the additional height if the structure is on a site abutting or across a street or alley from a single-family residential zone,

b. The proposed structure must be compatible with the general development potential anticipated within the zone,

c. The additional height must not substantially interfere with views from up-slope properties, and

d. No more than one (1) project on one (1) site within each Urban Center may incorporate additional height in the pitched roofs of its structures pursuant to this subsection unless development regulations enacted pursuant to a neighborhood planning process allow other projects to incorporate such additional height;

11. Downtown street facade requirements;

12. Downtown upper-level development standards; and

13. Downtown maximum wall dimensions; and

14. Combined coverage of all rooftop features in downtown zones subject to the limitations in subsection 23.49.008C6.

* * *

Section 2. Subsection G of Section 23.47.012 of the Seattle Municipal Code, as last amended by Ordinance 117430, is amended as follows:

23.47.012 Structure height and floor area ratio.

* * *

G. Rooftop Features.

1. Radio and television receiving antennas excluding dish antennas; ham radio towers; smokestacks, chimneys; flagpoles; and spires for religious institutions are exempt from height controls, except as regulated in Chapter 23.64, Airport Height District, provided they are a minimum of ten feet (10') from any side or rear lot line.

2. Open railings, planters, skylights, clerestories, greenhouses, parapets and firewalls may extend up to four feet (4') above the maximum height limit with unlimited rooftop coverage.

3. Solar Collectors.

a. In zones with height limits of thirty feet (30') or forty feet (40'), solar collectors may extend up to four feet (4') above the maximum height limit, with unlimited rooftop coverage.

b. In zones with height limits of sixty-five feet (65') or more, solar collectors may extend up to seven feet (7') above the maximum height limit, with unlimited rooftop coverage.

4. The following rooftop features may extend up to fifteen feet (15')above the maximum height limit, so long as the combined total coverage of all features listed in this subsection does not exceed twenty percent (20%)of the roof area or twenty-five percent (25%) of the roof area if the total includes stair or elevator penthouses or screened mechanical equipment:

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment;

d. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least fifteen feet (15') from the roof edge; and

e. Dish antennas, according to the provisions of Chapter 23.57.

5. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subdivision at least ten feet (10') from the north edge of the roof, or provide shadow diagrams to demonstrate that the proposed location of such rooftop features would shade property to the north on January 21st at noon no more than would a structure built to maximum permitted bulk:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Dish antennas, according to the provisions of Chapter 23.57;

f. Non-firewall parapets;

g. Play equipment.

6. Structures existing prior to May 10, 1986 may add new, or replace existing, mechanical equipment up to fifteen (15) feet above the existing roof elevation of the structure regardless of the existing building height and shall comply with the noise standards of Section 23.47.018.

Section 3. Subsection C of Section 23.49.008 of the Seattle Municipal Code, as last amended by Ordinance 118672, is amended as follows:

23.49.008 Structure height.

The following provisions regulating structure height shall apply to all property in downtown zones except the DH1, PSM, IDM, and IDR zones.

C. Rooftop Features.

1. Open railings, planters, clerestories, skylights, play equipment, parapets and firewalls may extend up to four (4) feet above the maximum height limit with unlimited rooftop coverage.

2. Solar collectors may extend up to seven (7) feet above the maximum height limit with unlimited rooftop coverage.

3. The following rooftop features may extend up to fifteen (15) feet above the maximum height limit, as long as the combined coverage of all features listed in this subsection does not exceed twenty (20) percent of the roof area, or twenty-five (25) percent if the total includes stair or elevator penthouses or screened mechanical equipment:

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment; and

d. Play equipment and open-mesh fencing, as long as the fencing is at least fifteen (15) feet from the roof edge.

4. Major or minor communication utilities; religious symbols and that portion of the roof which supports them, such as belfries or spires; smokestacks; and flagpoles may extend up to fifty (50) feet above the roof of the structure on which they are located or fifty (50) feet above the maximum height limit, whichever is less, except as regulated in Chapter 23.64, Airport Height Overlay District. They shall be located a minimum of ten (10) feet from all lot lines.

5. Administrative Conditional Use for Rooftop Features. The rooftop features listed in subsection C4 may exceed a height of fifty (50) feet above the roof of the structure on which they are located if authorized by the Director through an administrative conditional use, Chapter 23.76. The request for additional height shall be evaluated on the basis of public benefits provided, the possible impacts of the additional height, consistency with the City's land use policies, and the following specific criteria:

a. The feature shall be compatible with and not adversely affect the downtown skyline.

b. The feature shall not have a significant adverse effect upon the light, air, solar and visual access of properties within a three hundred (300) foot radius.

c. The feature, supporting structure and structure below shall be compatible in design elements such as bulk, profile, color and materials.

d. The feature shall not adversely affect the function of existing transmission or receiving equipment within a five (5) mile radius.

e. The increased size is necessary for the successful physical function of the feature, except for religious symbols.

1. The following rooftop features are permitted with unlimited rooftop coverage:

a. Open railings, planters, clerestories, skylights, play equipment, parapets and firewalls up to four (4) feet above the maximum height limit;

b. Solar collectors up to seven (7) feet above the maximum height limit; and

c. Major or minor communication utilities; religious symbols and that portion of the roof which supports them, such as belfries or spires; smokestacks; and flagpoles up to fifty (50) feet above the roof of the structure on which they are located or fifty (50) feet above the maximum height limit, whichever is less, except as regulated in Chapter 23.64, Airport Height Overlay District. They shall be located a minimum of ten (10) feet from all lot lines.

2. The following rooftop features are permitted as long as the combined coverage of all features does not exceed twenty (20) percent of the roof area, or twenty-five (25) percent if the total includes stair or elevator penthouses or screened mechanical equipment. Additional combined coverage of all rooftop features, not to exceed thirty-five (35) percent of the roof area, may be permitted through the Design Review process for Development Standard Departures in Section 23.41.012.

a. The following rooftop features are permitted to extend up to fifteen (15) feet above the maximum height limit:

(1) Solar collectors;

(2) Stair penthouses;

(3) Play equipment and open-mesh fencing, as long as the fencing is at least fifteen (15) feet from the roof edge; and

(4) Mechanical equipment. Structures existing as of June 1, 1989 may add new, or replace existing, mechanical equipment up to fifteen (15) feet above the existing roof elevation of the structure regardless of the existing building height.

b. Elevator penthouses are permitted to extend beyond the maximum height limit as follows:

(1) Up to twenty (20) feet above the maximum height limit for a penthouse designed for an elevator cab up to eight (8) feet high; or

(2) Up to twenty-two (22) feet above the maximum height limit for a penthouse designed for an elevator cab more than eight (8) feet high.

3. Screening of Rooftop Features: Measures may be taken to architecturally screen rooftop features from public view through the Design Review process. The amount of roof area enclosed by rooftop screening may exceed the maximum percentage of the combined coverage of all rooftop features listed in subsection C2 above. In no circumstances shall the height of rooftop screening exceed ten (10) percent of the maximum height of the zone in which the structure is located.

4. Administrative Conditional Use for Rooftop Features. The rooftop features listed in subsection C1c may exceed a height of fifty (50) feet above the roof of the structure on which they are located if authorized by the Director through an administrative conditional use, Chapter 23.76. The request for additional height shall be evaluated on the basis of public benefits provided, the possible impacts of the additional height, consistency with the City's land use policies, and the following specific criteria:

a. The feature shall be compatible with and not adversely affect the downtown skyline.

b. The feature shall not have a significant adverse effect upon the light, air, solar and visual access of properties within a three hundred (300) foot radius.

c. The feature, supporting structure and structure below shall be compatible in design elements such as bulk, profile, color and materials.

d. The feature shall not adversely affect the function of existing transmission or receiving equipment within a five (5) mile radius.

e. The increased size is necessary for the successful physical function of the feature, except for religious symbols.

Section 4. Subsection C of Section 23.49.048 of the Seattle Municipal Code, as last amended by Ordinance 117954, is amended as follows:

23.49.048 Downtown Office Core 1, floor area ratio (FAR).

C. Exemptions from FAR Calculations.

1. The following areas shall be exempt from base and maximum FAR calculations:

a. All floor area below grade;

b. All gross floor area located above grade which is used for principal or accessory short-term parking, or for parking accessory to residential uses, up to one (1) space per dwelling unit;

c. The gross floor area of public benefit features which satisfy the requirements of Section 23.49.050, Ratios for public benefit features, and satisfy the Public Benefit Features Rule. For all features except housing, the exemption shall apply whether the feature is granted a floor area bonus or not, regardless of maximum bonusable area limitations.

2. As an allowance for mechanical equipment, three and one-half percent (3 1/2%) of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof of existing structures and will not be counted in gross floor area calculations.

Section 5. Subsection C of Section 23.49.068 of the Seattle Municipal Code, as last amended by Ordinance 117954, is amended as follows:

23.49.068 Downtown Office Core 2, floor area ratio (FAR).

C. Exemptions from FAR Calculations.

1. The following areas shall be exempt from base and maximum FAR calculations:

a. All gross floor area in residential use, except that on sending lots from which development rights are transferred according to Section 23.49.072 C the only exempt residential space shall be lowincome housing on landmark theater/housing TDR sites that satisfies all requirements for a bonus under the Public Benefit Features Rule;

b. All gross floor area below grade;

c. All gross floor area located above grade which is used for principal or accessory short-term parking, or for parking accessory to residential uses, up to one (1) space per dwelling unit;

d. The gross floor area of public benefit features, other than housing, that satisfy the requirements of Section 23.49.070, Ratios for public benefit features, and the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of maximum bonusable area limitations.

2. As an allowance for mechanical equipment, three and one-half (3 1/2) percent of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof of existing structures and will not be counted in gross floor area calculations.

Section 6. Subsection C of Section 23.49.098 of the Seattle Municipal Code, as last amended by Ordinance 117954, is amended as follows:

23.49.098 Downtown Retail Core, floor area ratio (FAR).

C. Exemptions From FAR Calculations.

1. The following areas shall be exempt from base and maximum FAR calculations:

a. All gross floor area in residential use, except that on sending lots from which development rights are transferred according to Section 23.49.102 the only residential space exempted shall be lowincome housing on landmark theater/housing TDR sites satisfying all requirements for a bonus under the Public Benefit Features Rule;

b. All gross floor area below grade;

c. All gross floor area located above grade which is used for principal or accessory short-term parking, or for parking accessory to residential uses, up to one (1) space per dwelling unit;

d. The gross floor area of public benefit features (including a performing arts theater but excluding a major retail store) which satisfy the requirements of Section 23.49.100, Ratios for public benefit features, and satisfy the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of maximum bonusable area limitations;

e. The sum of the gross floor area of the following uses, up to a maximum FAR of one and one-half (1 ):

(1) Retail sales and services uses, including major retail stores, except lodging,

(2) Human service uses and child care centers,

(3) Customer service offices,

(4) Entertainment uses, such as theaters, and

(5) Museums.

The exemption for the uses listed in this subsection C1e shall be increased to a maximum FAR of two (2) when a performing arts theater or three (3) when a major retail store is given a bonus as part of a project pursuant to Section 23.49.096.

2. As an allowance for mechanical equipment, three and one-half (3 ) percent of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 of this section has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof of existing structures and will not be counted in gross floor area calculations.

Section 7. Subsection C of Section 23.49.124 of the Seattle Municipal Code, as last amended by Ordinance 116513, is amended as follows:

23.49.124 Downtown Mixed Commercial, floor area ratio (FAR).

C. Exemptions from FAR Calculations.

1. The following areas shall be exempt from base and maximum FAR calculations:

a. All gross floor area in residential use, except that on sending lots from which development rights are transferred, according to Section 23.49.128 the only exempt residential space shall be lowincome housing on landmark theater/housing TDR sites satisfying all of the requirements for a bonus under the Public Benefit Features Rule;

b. All gross floor area below grade;

c. All gross floor area used for accessory parking;

d. The gross floor area of public benefit features, other than housing, which satisfy the requirements of Section 23.49.126, Ratios for public benefit features, or which satisfy the requirements for an FAR bonus amenity allowable to a structure in DOC1 or DOC2 for an offsite public benefit feature, and, in either case, satisfy the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of the maximum bonusable area limitation.

2. As an allowance for mechanical equipment, three and one-half percent (3 1/2%) of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof of existing structures and will not be counted in gross floor area calculations.

Section 8. Subsection C of Section 23.49.150 of the Seattle Municipal Code, as adopted by Ordinance 112303, is amended as follows:

23.49.150 Downtown Mixed Residential, floor area ratio (FAR).

C. Exemptions From FAR Calculations.

1. The following areas shall be exempt from base and maximum FAR calculations:

a. All gross floor area in residential use, except on sending lots from which development rights are transferred, according to Section 23.49.154;

b. All gross floor area below grade;

c. All gross floor area used for accessory parking located above grade;

d. The gross floor area of public benefit features which satisfy the requirements of Section 23.49.152, Downtown Mixed Residential, r Ratios for public benefit features, and satisfy the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of maximum bonusable area limitations.

2. As an allowance for mechanical equipment, three and one-half (3 ) percent of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof of existing structures and will not be counted in gross floor area calculations.

Section 9. Subsection C of Section 23.49.210 of the Seattle Municipal Code, as last amended by Ordinance 113279, is amended as follows:

23.49.210 International District Mixed, floor area ratio (FAR).

C. Exemptions from FAR Calculations.

1. The following areas shall be exempt from base and maximum FAR calculations:

a. All gross floor area in residential use, except on sending lots from which development rights are transferred according to Section 23.49.212.

b. All gross floor area below grade.

c. All gross floor area used for accessory parking.

d. When required by the regulations of the International District Special Review District, Chapter 23.66, required street-level uses shall be exempt to a maximum of one-half (1/2) the area of the lot, not to exceed fifteen thousand (15,000) square feet.

2. As an allowance for mechanical equipment, three and one-half percent (3 1/2%) of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof of existing structures and will not be counted in gross floor area calculations.

Section 10. Subsection C of Section 23.49.328 of the Seattle Municipal Code, as adopted by Ordinance 112303, is amended as follows:

23.49.328 Downtown Harborfront 2, floor area ratio (FAR).

C. Exemptions from FAR Calculations.

1. The following areas shall be exempted from base and maximum FAR calculations:

a. All gross floor area below grade;

b. All gross floor area used for accessory parking located above grade.

2. As an allowance for mechanical equipment, three and one-half (3 ) percent of the gross floor area of a structure shall not be counted in gross floor area calculations. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection C1 has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof of existing structures and will not be counted in gross floor area calculations.

Section 11. Subsection C of Section 23.49.342 of the Seattle Municipal Code, as adopted by Ordinance 112303, is amended as follows:

23.49.342 Pike Market Mixed, floor area ratio.

C. Exemptions from FAR Calculations.

1. All gross floor area below existing grade shall be exempt from FAR calculations.

2. New and/or replacement of existing mechanical equipment located on the roof of buildings existing prior to June 1, 1989.

Section 12. A new subsection D of Section 23.50.012 of the Seattle Municipal Code, as last amended by Ordinance 119238, is added as follows:

23.50.012 Permitted and prohibited uses.

D. Useable Open Space on Rooftops of Existing Office Buildings in IG1 and IG2 Zones.

Useable open space may be located on the rooftop of an existing building used primarily for office use, including the rooftop area of an attached parking structure, when the office use was established prior to December 31, 1998. When the useable open space on the rooftop is covered for weather protection, the height of the cover shall not exceed twenty-five (25) feet as measured above the existing roof elevation of the structure regardless of the existing building height. Rooftop useable open space shall not be subject to the limits on maximum size of non-industrial uses, and the gross floor area of the rooftop useable open space shall be exempt from FAR calculations.

Section 13. A new subsection C is added to Section 23.50.020 of the Seattle Municipal Code, as last amended by Ordinance 116596, as follows:

23.50.020. All Industrial zones -Structure height exceptions and additional restrictions.

C. Structures existing prior to October 8, 1987 which exceed the height limit of the zone may add the rooftop features listed as conditioned in subsection A above. The existing roof elevation of the structure shall be considered the maximum height limit for the purpose of adding rooftop features.

Section 14. Subsection B is amended and a new subsection C is added to Section 23.50.022 of the Seattle Municipal Code, as adopted by Ordinance 113658, as follows:

23.50.022 General Industrial 1 and 2 -Structure height.

B. Except for the provisions of Section 23.50.020 and of subsection C below, the maximum structure height for any portion of a structure which contains the following uses, whether they are principal or accessory, shall be thirty feet (30'), forty-five feet (45'), sixtyfive feet (65') or eighty-five feet (85'), as designated on the Official Land Use Map, Chapter 23.32 (also see Exhibit 23.50.022 A):

1. Retail sales and services;

2. Nonhousehold sales and services;

3. Offices;

4. Entertainment uses, except spectator sports facilities;

5. Research and development laboratories; and

6. Institutions.

C. Useable open space located on the roof of an existing office building, when complying with the provisions of subsection 23.50.012D, shall not be subject to the limits on maximum structure heights contained in subsection B above.

Section 15. Subsection A is amended and a new subsection D is added to Section 23.50.027 of the Seattle Municipal Code, as last amended by Ordinance 117570, as follows:

23.50.027 Maximum size of non-industrial use.

A. Applicability.

1. Except as provided in subsections B and D below, the maximum size of use limits specified in Chart A of this section shall apply to uses on a lot, and the total gross floor area occupied by uses limited under Chart A of this section shall not exceed an area equal to the area of the lot in an IG1 zone, or two and one-half (2.5) times the area of the lot in an IG2, IB or IC zone, or three (3) times the lot area in IC zones in the South Lake Union Planning Area, as identified in Exhibit 23.50.028A, with sixty-five-foot (65') or eighty-five-foot (85') height limits. The size of use limits apply to principal and accessory uses on a lot. The limits shall be applied separately to the two (2) categories of use listed in Chart A of this section.

2. The maximum size of use limits shall not apply to the area identified in Exhibit 23.50.027 A, provided that no single retail establishment shall exceed fifty thousand (50,000) square feet in size.

CHART A

Categories of Uses Subject to Size of Use Limits

IG1

IG2 and IB

IC

Retail sales and service or Entertainment except spectator sports facilities

30,000 sq. ft.

75,000 sq. ft.

75,000 sq. ft.

Office

50,000 sq. ft

100,000 sq. ft. N.M.S.L.

__________ N.M.S.L. = No Maximum Size Limits

D. Useable open space on the roof of an existing office building, when complying with the provisions of subsection 23.50.012D, shall not be subject to the limits on maximum size of non-industrial uses contained in subsection A above.

Section 16. Subsection E of Section 23.50.028 of the Seattle Municipal Code, as last amended by Ordinance 117430, is amended as follows:

23.50.028 Floor area ratio.

The floor area ratio (FAR), as provided below, shall determine the gross square footage permitted.

E. All Industrial Zones, Exemptions from FAR Calculations. The following areas shall be exempt from FAR calculations:

1. All gross floor area below grade;

2. All gross floor area used for accessory parking;

3. All gross floor area used for mechanical equipment located on the rooftop of buildings, stair and elevator penthouses and communication equipment and antennas.

4. All gross floor area used for useable open space on the roof of an existing office building, if in compliance with the provisions of subsection 23.50.012D.

Section 17. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 1998, and signed by me in open session in authentication of its passage this _____ day of _________________, 1998.

___________________________________

President of the City Council

Approved by me this _____ day of _________________, 1998.

___________________________________

Paul Schell, Mayor

Filed by me this _____ day of ____________________, 1998.

__________________________________

City Clerk

(SEAL)

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