Title 17C Land Use Standards
Chapter 17C.110 Residential Zones
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 are not permissive 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. An applicant may seek a deviation from certain requirements through the design departure process, chapter 17G.030 SMC, Design Departures. Requirements are listed with an (R) after the standard.
Presumptions are guidelines 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 an (P) after the standard.
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, a request to deviate from a presumption may be referred to the design review board pursuant to the procedures set forth in chapter 17G.030 SMC. In rare cases involving projects of unusual complexity and/or situations where it is not clear to the director whether or not the proposal satisfies the intent of the design standards and the comprehensive plan, the director, may also refer the project application to the design review board.
Note: Increases in the cost of development generally will not be an acceptable reason to waive a guideline or determine that a guideline is inappropriate.
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 an (C) after the standard.
Date Passed: Monday, April 25, 2011
Effective Date: Friday, June 3, 2011
ORD C34717 Section 1