City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 17G
Chapter 17G.030
Section 17G.030.030
 

Title 17G Administration and Procedures

Chapter 17G.030 Design Departures

Section 17G.030.030 Review Process

Procedures for the review of design departures vary with the type of proposal being reviewed.

  1. Type III Procedure.

The following proposals are processed through a Type III procedure:

  1. A permit for a development seeking a design departure, which also requires a discretionary decision of the hearing examiner after a public hearing such as a conditional use permit, zone change, or a variance shall follow the Type III application process.
  1. Role of Design Review Board.

The design review board reviews the design departure request and makes a recommendation to the hearing examiner. The review of the design review board may occur either before or during the public comment period on the underlying permit application.

  1. Notice of Application.

The notice for the design departure shall be included as part of the notice required for the discretionary decision permit application.

  1. Hearings and Decision.

The hearing examiner considers the recommendation of the design review board regarding the design departure during the public hearing on the permit application. A decision is made on the design departure as a part of the decision on the Type III application. The decision criteria for design departures are provided in SMC 17G.030.040, Decision Criteria.

  1. Appeals.

Follows appeal process of the underlying permit application.

  1. Type II Procedure.

The following proposals are processed through a Type II procedure:

  1. A permit for a development seeking a design departure, which does not require a discretionary decision of the hearing examiner, shall follow the Type II application process.
  1. Role of Design Review Board.

The design review board reviews the application and makes a recommendation to the Planning Director. The review of the design review board may occur either before or during the public comment period on the underlying permit application.

  1. Role of Staff.

In instances of minimal complexity and cumulative impact, the urban design or planning staff can review and make recommendations on requests for design departures on behalf of the Design Review Board. However, at the discretion of the applicant, any request for design departures can be forwarded for review by the design review board.

  1. Notice of Application.

The notice for the design departure shall be included as part of the notice required for the Type II permit application.

  1. Hearings and Decisions.

No hearing is required. A decision is made on the design departure as a part of the decision on the Type II application. The decision criteria for a design departure are provided in SMC 17G.030.040.

  1. Appeals.

Follows appeal process of the permit application. The decision on a Type II application may be appealed to the hearing examiner.

Date Passed: Monday, November 20, 2023

Effective Date: Monday, January 1, 2024

ORD C36459 Section 31