Title 17C Land Use Standards
Chapter 17C.255 Skywalks
Section 17C.255.015 Design Standards Administration
All projects must address the pertinent design standards. A determination of consistency with the design standards will be made by the planning director following an administrative 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 design standard. For design standards that are designated Requirement (R) an applicant may apply to the Design Review Board pursuant to the procedures set forth in chapter 17G.040 SMC , and the board may recommend approval of alternatives to strict compliance, upon a finding that the alternative satisfies the decision criteria for a design departure in SMC 17G.030.040 .
Requirements (R).
Requirements are mandatory in that they contain language that is not discretionary, 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.
Presumptions (P).
Presumptions are standards that are meant to be applied, but with some flexibility. Presumptions indicate that the City is open to design features that are equal to, or better than, that stated – so long as the purpose is satisfied. A submitted plan is incomplete and will be rejected if it does not demonstrate that the presumptive elements have been in some way incorporated or overcome. Presumptions are listed with a (P) after the standard.
Overcoming a Presumption.
A presumption that may be unsuitable for a given project may be waived if an applicant can demonstrate to the planning director that there is a good reason why the presumption is inappropriate. The director may approve an alternative that achieves the intent of the presumption. At the discretion of the applicant, or in rare cases the director, may refer the permit to the design review board. A referral from the director would be in those cases where the complexity of the project and/or the cumulative impacts of deviations result in the project no longer meeting the overall intent of the design standard and the comprehensive plan.
Appropriate ways to overcome a presumption include:
demonstrating that for a specific project the underlying design principle 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, or 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 will not be an acceptable reason to waive a standard or determine that a standard is inappropriate.
Considerations (C).
Design standards listed as considerations are features and concepts that an applicant should consider in preparing a plan. Their omission is not grounds for rejecting a plan, but their inclusion or recognition is encouraged and may assist in overcoming certain presumptions and in gaining acceptance for a plan. Considerations are listed with a (C) after the standard.
Date Passed: Monday, May 9, 2022
Effective Date: Sunday, June 19, 2022
ORD C36205 Section 9
