Title 17E Environment al Standards
Chapter 17E.060 Shoreline Regulations
Article VIII. Design Standards Specific to Shoreline Districts
Section 17E.060.800 Design Standards Administration
Purpose.
To help ensure that development compliment s the unique and fragile character of the shoreline through careful consideration and implement ation of site development and building design concepts.
The downtown, campus, and great gorge shoreline districts are subject to the shoreline design standards in addition to the underlying design standards in Title 17C SMC . The downriver, Latah Creek, and Upriver Districts are subject to the underlying design standards in Title 17C SMC .
All projects must address pertinent design standards. A determination of consistency with the standards will be made by the director. Design standards are in the form of requirement s (R), presumptions (P), and considerations (C). Regardless of which term is used, an applicant must address each design criteria. An applicant may seek to deviate from eligible standards through the design departure process pursuant to chapter 17G.030 SMC , Design Departures.
Requirement s (R).
Requirement s are mandatory in that they contain language that is not discretionary, such as “shall,” “must,” and “will.” Requirement s must be satisfied by any plan prior to building permit approval. An applicant may seek a deviation from certain requirement s through the design departure process, chapter 17G.030 SMC . Requirement s are listed with an (R) after the standard.
Presumptions (P).
Presumptions are design criteria 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 element s 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 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 standards and the comprehensive plan.
Appropriate ways to overcome a presumption include:
demonstrating that for a specific project 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; and
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 design standard or determine that a design standard is inappropriate.
Considerations (C).
Design criteria 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, April 19, 2021
Effective Date: Sunday, May 23, 2021
ORD C36034 Section 11
