Title 17C Land Use Standards
Chapter 17C.111 Residential Zones
Section 17C.111.015 Design Standards Administration
All projects must address the pertinent design standards and guidelines. A determination of consistency with the standards and guidelines will be made by the Planning Director following an administrative design review process. Design standards are in the form of Requirements (R), Presumptions (P), and Considerations (C). Regardless of which term is used, an applicant must address each guideline. The City will expect to see how the design of a project has responded to every one of the guidelines. An applicant may seek to deviate from eligible standards and guidelines through the design departure process; see chapter 17G.030 SMC , Design Departures.
Requirements (R).
Requirements are objective standards that involve no discretion by the reviewer, using language such as "shall ," "must," and "will." Requirements must be satisfied by any plan prior to building permit approval. Requirements are listed with an (R) after the standard.
Design departures from Requirements.
An applicant may seek a deviation from certain Requirements through the design departure process, chapter 17G.030 SMC , Design Departures.
A design departure to a Requirement may only be approved if the proposed design is found to be an improvement over the non-discretionary standards – so long as the purpose of the Requirement is satisfied.
Design departures for Requirements are typically reviewed by the City’s Urban Design staff. At the discretion of the applicant, a request to deviate from a Requirement may be referred to the Design Review Board pursuant to the procedures set forth in chapter 17G.030 SMC . In cases of involving projects of unusual complexity and/or situations where it is not clear whether or not the proposal satisfies the intent of the design standards, City staff may refer the project application to the Design Review Board.
Presumptions (P).
Presumptions are objective standards that involve no discretion by the reviewer but may include some flexibility for how the standards may be met. For example, some Presumptions offer a list or menu of options for meeting the standard. Presumptions must be satisfied by any plan prior to building permit approval. Presumptions are listed with an (P) after the standard.
Design departures and waivers from Presumptions.
An applicant may seek a waiver of a Presumption, as provided in subsections (a) and (b), or may request a design departure pursuant to subsection (c) and chapter 17G.030 SMC , Design Departures.
Waiving a Presumption.
A Presumption that may be unsuitable for a given project may be waived if an applicant can demonstrate that there is a good reason why the Presumption is inappropriate. An alternative may be approved that achieves the intent of the Presumption.
Appropriate reasons for waiving a Presumption include:
demonstrating that in this instance the underlying design principles will not be furthered by the application of the Presumption;
showing that another design principle is enhanced by not applying the Presumption;
demonstrating an alternative method for achieving the intent of the Presumption;
explaining the unique site factors that make the Presumption unworkable such as lot size and shape, slope, natural vegetation, drainage, and characteristics of adjacent development, which are identified through their use of materials, colors, building mass and form, and landscaping.
Note: Increases in the cost of development and/or compliance with applicable standards generally will not be an acceptable reason to waive a Presumption or determine that a Presumption is inappropriate.
A design departure to a Presumption may only be approved if the proposed design is found to be either equal to or better than the non-discretionary standards – so long as the purpose of the Presumption is satisfied.
Waivers and design departures for Presumptions are typically reviewed by the Planning Director through an administrative review. At the discretion of the applicant, a request to waive or deviate from a Presumption may be referred to the Design Review Board pursuant to the procedures set forth in chapter 17G.030 SMC . In cases involving projects of unusual complexity and/or situations where it is not clear to the Planning Director whether or not the proposal satisfies the intent of the Presumption, the Director may also refer the project application to the design review boar
Considerations (C).
Design standards listed as Considerations are features and concepts that an applicant should consider in preparing a plan. Considerations are only reviewed as part of the design departure process, pursuant to chapter 17G.030 SMC . In reviewing a design departure request, the Design Review Board, Urban Design staff, or Planning Director (as applicable) will review an applicant’s response to a consideration, which may assist in gaining acceptance for a plan. Outside of a design departure, Considerations are encouraged, but not required or enforceable. Considerations are listed with an (C) after the standard.
Date Passed: Monday, November 20, 2023
Effective Date: Monday, January 1, 2024
ORD C36459 Section 16
