A. Allow for complete review of development proposals;

B. Provide sufficient information to make informed decisions;

C. Provide notification and an opportunity for review and comment to adjacent property owners for projects that may impact them; and

D. Ensure compliance with Chapter 36.70B RCW, Local Project Review. (Ord. 3013 § 1 (Exh. A), 2023).

A. An applicant is encouraged to consult with the Department for guidance interpreting and applying this Code to the applicant’s proposed project.

B. The basic process for determining the type of permit and review process for a project is to:

C. Permits required for construction are governed by the building and construction codes adopted in IMC Title 16. (Ord. 3013 § 1 (Exh. A), 2023).

A. An applicant is not required to obtain approval of any other permit or approval from the City prior to submitting an application for a building permit in order to have that application vest under the law; however, the building permit application must be denied if a land use permit, or other permit is required for the proposed project and is not approved.

B. An applicant must apply for permits required by this title to the Department on application forms provided by the Department consistent with IMC 18.202.070 and 18.204.070.

C. An applicant should complete any required preapplication step identified in IMC 18.204.030 prior to application. (Ord. 3013 § 1 (Exh. A), 2023).

A. Purpose. The City offers a preapplication staff meeting to:

B. Applicability. A preapplication staff meeting is recommended prior to application consistent with IMC 18.204.030.

C. Application. To request a preapplication staff meeting an applicant must submit a completed form provided by the Department, and any required fee.

D. Expectations. Generally, the more information the applicant can provide for the preapplication staff meeting, the more complete staff review and input will be produced for the application. The meeting should include discussion of all of the following:

E. Fees. The applicant is responsible for all fees in accordance with Chapter 3.64 IMC.

F. Any information or opinion in the preapplication staff meeting is not binding on the final decision, nor will it constitute approval or denial of the proposed project. (Ord. 3013 § 1 (Exh. A), 2023).

A. Purpose. The purpose of a community meeting is to:

B. Applicability. A community meeting is recommended consistent with IMC 18.204.030.

C. Initiation. To initiate a community meeting, an applicant must submit a completed form provided by the Department.

D. Timing. A community meeting should occur early in the application process and be completed at least 10 days prior to the close of any associated public comment period required by IMC 18.204.030.

E. Meeting.

F. Notices. Notices must be distributed and posted as follows:

G. Costs. The applicant is responsible for all costs associated with the community meeting.

H. Summary Memo.

A. Be submitted to, and on forms provided and maintained by, the Department as prescribed on the form;

B. Be signed by the owners of the property subject to the application, or include the owner’s notarized authorization for the applicant to submit the application;

C. Designate a single person or entity to receive determinations and notices required by this Code;

D. Include fees, as calculated by the Department based on the adopted fee schedule;

E. Application for lot line adjustments, short plats, preliminary plats, binding site plans, and final plats must include submittal requirements as listed under Chapter 18.320 IMC;

F. As applicable, include the following plans, drawings, and supporting documents:

G. A completed environmental checklist, if required by Chapter 18.800 IMC;

H. Title report, as applicable;

I. Certificates of water and sewer availability if the proposed project is located within the jurisdiction of the Sammamish Plateau Water and Sewer District and applicable to project.

A. Purpose. This section is intended to provide the flexibility for minor modification of selected standards in this Code to:

B. Requests for a deviation must include a written justification for the deviation based on the applicable criteria in the specific section and must be included as part of the underlying application for the project permit.

C. Deviation may be granted for:

D. The decision maker for the application may approve such deviations only if all of the following criteria, in addition to the specific criteria in the chapter where the standard is listed, are met:

E. The decision maker must document the reason for approval of any such deviation as part of the permit approval. (Ord. 3110 § 1 (Exh. A), 2025; Ord. 3013 § 1 (Exh. A), 2023).

A. All project permit applications are categorized into one of five review levels as shown in IMC 18.204.020, including site development permits, which are further categorized in IMC 18.208.030.

B. The Director has the authority to determine the proper review level for a project permit application. If there is a question as to the required review level, the Director must resolve it in favor of the higher review level.

C. An application for a project permit is subject to each of the review process steps for the applicable review level as shown in IMC 18.204.020. (Ord. 3013 § 1 (Exh. B), 2023).

A. If a project permit requires more than one application, the applicant may choose to consolidate those applications into a single review process. consistent with this section.

B. If the applicant chooses to consolidate, the consolidated single review must be processed at the highest-numbered review level required for any component of the consolidated application.

C. If the applicant chooses not to consolidate, a land use application with a higher-numbered review level may be processed prior to a lower-numbered review level.

D. Technical document review per IMC 18.204.060 need not be consolidated and is otherwise exempt from this section. (Ord. 3065 § 1 (Exh. A), 2024; Ord. 3013 § 1 (Exh. B), 2023).

A. Purpose. The purpose of technical document review is to:

B. Applicability.

C. Process.

D. Approval Criteria.

A. Applicability. This section applies to all land use applications.

B. Criteria. An application is complete on the date it:

C. Determination of Completeness.

D. A determination of completeness is not required if the Director issues the permit prior to the deadline in subsection C of this section.

E. Application Considered Withdrawn. Unless the notice specifying additional information to be submitted for a complete application establishes a longer period, the application will be considered withdrawn for all purposes if the applicant has not submitted the required information to the City within 60 days after the date of the notice, or if applicable, after any extension granted in writing by the Director. The Director may grant an extension if, based on information submitted by the applicant with the request for the extension, the Director concludes that the applicant is making reasonable progress toward submitting the required information. (Ord. 3088 § 1 (Exh. A), 2025; Ord. 3065 § 1 (Exh. A), 2024; Ord. 3013 § 1 (Exh. B), 2023).

A. A complete application for a subdivision, short subdivision, binding site plan, and unit lot subdivision shall vest to this Code and other land use controls in effect at the time such complete application is properly submitted subject to the terms of this section.

B. A complete application for a building permit shall vest to this Code and other land use controls in effect at the time of such application subject to the terms of this section.

C. Submittal of a complete application not listed in subsections A and B of this section shall not result in vesting.

D. Supplemental information required after an application has been deemed complete shall not affect the validity of the vesting of such application.

E. Complete applications do not vest to matters concerning public health, safety, and welfare. Complete applications do not vest to fees or development regulations adopted in furtherance of the Clean Water Act. Vested applications do not vest to subsequently adopted or revised land use controls or other regulations mandated by State law. (Ord. 3013 § 1 (Exh. B), 2023).

A. If the Director requests more information from the applicant about a complete application, the applicant has 90 days to respond with the requested information.

B. If the applicant does not respond within the required period, the Director may expire the application for failure to timely submit requested information by providing the applicant with written notice of expiration.

C. If the Director expires an application, the applicant must submit a new application, including any applicable fees, to restart the review process.

D. The Director may grant an extension if, based on information submitted by the applicant with the request for the extension, the Director concludes that the applicant is making demonstrable progress toward submitting the required information. (Ord. 3065 § 1 (Exh. A), 2024; Ord. 3013 § 1 (Exh. B), 2023).

A. An applicant may make minor revisions to the application after the determination of completeness.

B. A “minor revision” to an application is limited to changes to:

C. Any revision other than a minor revision requires a new application. (Ord. 3013 § 1 (Exh. B), 2023).

A. An applicant may withdraw an application at any time prior to approval or denial; provided, that a written request stating the reason for the withdrawal is received by the permit center.

B. Refunds of application fees are governed by Chapter 3.64 IMC. (Ord. 3013 § 1 (Exh. B), 2023).

A. Purpose. The purpose of public notification is to provide an opportunity for public participation in the application review process.

B. Applicability. This section applies to any written public notice required by IMC 18.204.030 or elsewhere in this Code, including:

C. Distribution. The Department must distribute the notice for preapplication community meeting, notice of application, notice of public hearing, and SEPA determination by:

D. Notice board posting is required for all Level 2 review and above project permit applications. Notice board posting must follow standards for notice boards in IMC 18.204.125, notice of application requirements in IMC 18.204.130, and notice of public hearing in IMC 18.204.160.

E. The Director has the discretion in exceptional circumstances (i.e., lengthy utility corridor or right-of-way construction projects) where posting and mailed notice would be impractical, to require alternate means such as email distribution, posting on the City’s website and publishing in the City’s official newspaper of general distribution in the area where the proposal is located, in lieu of posting and mailed notice.

F. Errors. Inadvertent errors in compliance with the rules contained in this section do not invalidate the process if the notice was reasonable and adequate. (Ord. 3065 § 1 (Exh. A), 2024; Ord. 3013 § 1 (Exh. B), 2023).

A. Applicability. This section applies to any site-specific application requiring Level 2 review or higher.

B. Requirement.

C. Design and Content.

D. Location.

E. Errors. Inadvertent errors in compliance with the rules contained in this section do not invalidate the process if the notice was reasonable and adequate.

F. Exemption. All legislative decisions by the City Council under this Code are exempt from this section. (Ord. 3013 § 1 (Exh. B), 2023).

A. Applicability. This section applies when a notice of application is required by IMC 18.204.030.

B. Contents. The notice of application must include all of the following:

C. Distribution. The notice must be distributed in accordance with IMC 18.204.120.

D. Timing. The Department must distribute the notice of application:

A. Purpose. The purpose of a public hearing for a project permit application is to facilitate the review and discussion of the project permit application by the staff, commission, board, Hearing Examiner, or City Council and, in the case of open-record hearings, solicit public comment relevant to the application.

B. All hearings conducted as part of project permit application review must be conducted consistently with this section. Per RCW 36.70B.050, no more than one open-record hearing and one closed-record appeal is provided for in these procedures.

C. The procedures for open-record and closed-record hearings are listed in Table 18.204.150(C), Types of Project Permit Hearings.

D. At a closed-record hearing, the parties may present oral argument based on the record created during the prior open-record hearing. City staff may provide facts related to the case; other parties may not introduce new facts outside the existing record.

E. Swearing-In Required. Before testifying, any witness, including City staff, must be required to declare that he or she will testify truthfully, by oath or affirmation.

F. Continuances. If for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a specified date and no further notice under this section is required. (Ord. 3013 § 1 (Exh. B), 2023).

A. Applicability. This section applies when a public hearing is required by IMC 18.204.030.

B. Contents. The notice of public hearing must contain all of the elements required for a notice of application.

C. If notice of a public hearing was not provided in the notice of application for a project permit application, the notice must be provided separately.

D. Distribution. A notice of public hearing must be distributed pursuant to IMC 18.204.120, Distribution of public notices. The Department must distribute the notice of public hearing, and any SEPA threshold determination, at least 15 days prior to the open record hearing. (Ord. 3013 § 1 (Exh. B), 2023).

A. Purpose. The purpose of preparing a staff report and making recommendations to the decision maker is to facilitate the review and decision-making process by providing the information and analysis in a concise and clear format.

B. Contents.

C. Timing.

A. The decision maker must issue a decision on the permit application using applicable approval criteria after the application has been reviewed through the review process.

B. The decision maker must:

C. The decision on the application must be one of the following:

D. Timing. A decision on an application must be made within the timelines established by RCW 36.70B.080, as amended, measured from the date the application was deemed complete. In determining the number of days that have elapsed after the City has notified the applicant that the application is complete, the following periods are excluded:

E. If the Department is unable to issue the decision on the application within the time limits provided for in this section, the Department must provide written notice of this fact to the applicant including a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. (Ord. 3065 § 1 (Exh. A), 2024; Ord. 3013 § 1 (Exh. B), 2023).

A. Applicability. This section applies when a notice of decision is required by IMC 18.204.030.

B. Contents. The notice of decision must include all of the following:

C. Timing. The Department must issue a notice of decision within seven days of the date of decision.

D. Distribution. The Department must distribute the notice of decision to the applicant, parties of record, agencies with jurisdiction, and the King County Assessor. (Ord. 3013 § 1 (Exh. B), 2023).

A. Applicability. This section applies to administrative and judicial appeals of decisions on project permit applications when allowed by IMC 18.204.030.

B. Time to File. An appeal is timely as follows:

C. Method of Service. An administrative appeal must be delivered to the permit center by mail or personal delivery before close of business on the last business day of the appeal period.

D. Contents. An administrative appeal must be submitted on forms provided by the Department and contain the following:

E. Automatic Stay. Except for administrative appeals of SEPA threshold determinations, the timely filing of an appeal will stay the decision until such time as the appeal is concluded or withdrawn.

F. Procedures. The appellate body identified in IMC 18.204.030 may promulgate procedures for conduct of appeal hearings.

G. Decision on Appeal.

H. Timing.

A. If the appellate body determines that the public hearing record is insufficient or otherwise flawed, the appellate body may remand the matter back to the original decision maker to correct the deficiencies.

B. The original decision maker must affirm, modify, or reverse its original action based on the revised public record. (Ord. 3013 § 1 (Exh. B), 2023).

A. A party to the underlying decision may seek reconsideration of a decision by filing a written request alleging specific errors within 10 days of the date of decision.

B. The decision maker may request the nonmoving party file a response to the request for reconsideration and specify the deadline for same.

C. The decision maker shall consider the request for reconsideration without oral argument. Reconsideration may be granted only when a material legal error has occurred or a material factual issue has been overlooked that would change the previous decision.

A. No further administrative appeal is available when the appeal allowed in IMC 18.204.030, if any, has been heard and a decision on the appeal (other than a remand) has been issued.

B. A request for reconsideration is not required to exhaust administrative remedies. (Ord. 3013 § 1 (Exh. B), 2023).

A. The Director may require the posting of a performance bond, maintenance bond, or other surety to ensure that the approval conditions are met to the satisfaction of the City.

B. The Director may, upon request, allow or require the applicant to provide other suitable security, including but not limited to cash deposits, letters of credit, bonds, and assignment of banking accounts.

C. The Director is authorized to impose a reasonable administrative fee to cover City costs of administering a bond or other security requested by the applicant. This fee may not be imposed when the City requires the provision of a particular form of bond or suitable security. Administrative fees may be proportional to the total amount of the bond or other suitable security.

D. The default amounts for bonds are shown below. The Director may require a higher or lower amount based on the circumstances of the application.

A. A major revision to an approved permit requires a new application. A minor revision to an approved permit may be approved by the Director. The Director may condition approval to ensure compliance with the approved revision.

B. Types of Revisions.

C. A permit revision may not extend the time for expiration.

D. See IMC 18.208.030 for minor and major amendments to site development permits and previously approved master site plans. (Ord. 3013 § 1 (Exh. C), 2023).

A. Initial Term.

B. Extension. The Director may extend a permit the number of times shown in Table 18.206.040-1 for the length of extension indicated only if all of the following criteria are met:

C. Expiration.

A. Consistent with the requirements of this title;

B. Served by adequate access to the property at a suitable location and configuration;

C. Served by adequate transportation facilities and utilities; and

D. Reviewed by the Department and the community at the level appropriate for the intensity of the proposed land use. (Ord. 3013 § 2 (Exh. D), 2023).

A. A site development permit is required for all development or redevelopment except as specified in this section.

B. Exceptions. A site development permit is not required for the following types of applications:

A. Site development permits and amendments to site development permits or previously approved master site plans are processed as a Level 1, Level 2, or Level 4 review. If a development qualifies as more than one level, the highest qualifying level applies. Site development permits and the associated review level are required for applications as follows:

B. Level 1.

C. Level 2.

D. Level 4.

E. Amendments to Site Development Permits.

A. Exemptions.

B. Permit Required. A consolidated capital improvement project permit is required for the following:

A. The decision maker may approve a consolidated capital improvement project permit when:

B. In approving the consolidated capital improvement project permit, the decision maker may impose conditions on the proposed use to ensure it conforms to, or to improve its conformance with, the approval criteria in subsection A of this section.

C. Consistent with IMC 18.204.020 through 18.204.040 and 18.204.060, the applicant may request technical document review prior to a consolidated capital improvement project permit. (Ord. 3013 § 3 (Exh. E), 2023).

A. A variance provides for a legal process to authorize a departure from applicable development regulations.

B. Variances are intended to be unusual and infrequent but available to all similarly situated applicants. (Ord. 3013 § 4 (Exh. F), 2023).

A. A variance must comply with all of the following criteria:

A. The intent of this chapter is to establish transportation concurrency management that achieves the following:

A. Any claim or request for an exemption under this section must be made no later than the time of application for a building permit. If a building permit is not required for the development, then the claim must be made when the first development permit is applied for. Any claim not made when required by this section is deemed waived.

B. The following are exempt from the requirements of this chapter:

A. Management. The Community Planning and Development and Public Works Departments will coordinate in the administration of the concurrency management system. All final decisions regarding the administration of this chapter are the responsibility of the Director.

B. The City has determined the available capacity for concurrency and recorded it in the trip bank. With each subsequent concurrency application, the City must update the trip bank by recording the available capacity, reservations of capacity, and the balance of the available capacity that has been adjusted to reflect reserved vehicle internal trip ends.

C. The City must update the available capacity in the trip bank within 12 months of the events listed below:

D. If the events listed in subsection C of this section do not occur within three years of the most recent calculation of the available capacity, the City will update the available capacity recorded in the trip bank.

E. Each update of available capacity in the trip bank must carry forward the reservations of capacity for any development permit that has not been completed nor expired prior to the update of available capacity.

F. In order to monitor the available capacity, the City must adjust the available capacity in the trip bank to record the number of trips generated by all development permits. (Ord. 3013 § 5 (Exh. G), 2023).

A. The intersection level of service (LOS) standard in Issaquah is LOS D, as defined by the latest edition of the Highway Capacity Manual.

B. For transportation concurrency purposes, six concurrency intersections may operate at LOS E or F at any point in time; as long as the weighted average (by traffic volume) Citywide LOS standard for all concurrency intersections is maintained at LOS D. All other concurrency intersections must operate at LOS D or better. The following six intersections may operate at LOS E or F:

C. The Director must maintain a list of concurrency intersections, with the corresponding concurrency LOS assessment, and resultant weighted average Citywide LOS. Concurrency intersections are shown in the most current version of the City’s transportation element of the Comprehensive Plan. A map showing the automobile level of service standards for concurrency intersections is also included in the most current version of the City’s Master Mobility Plan (see Figure 14 in the Master Mobility Plan dated March 2021). (Ord. 3013 § 5 (Exh. G), 2023).

A. Timing and Application. A transportation concurrency application must be submitted prior to or concurrent with a development permit application. The concurrency application must accompany the first development permit application submitted if more than one development permit is required. No development may be required to obtain more than one concurrency certificate, unless the applicant or subsequent owners propose changes or modifications that require a new development permit application, a future phase of the project requires a concurrency application or the original concurrency certificate has expired.

B. Review. Transportation concurrency applications, determined complete, must be reviewed on a first-come, first-served basis.

C. Trips Evaluated. The transportation concurrency determination must be based on a review of the net new vehicle internal trip ends generated by the proposed project. Applicants may be required to provide supplemental information regarding the trip generation by the prior use and/or for their specific development if the trip generation is not clearly addressed in the ITE Trip Generation Manual. (Ord. 3013 § 5 (Exh. G), 2023).

A. A concurrency application shall be approved and passes if the number of vehicle internal trip ends from an applicant’s proposed development is equal to or less than available capacity in the trip bank that has been adjusted to subtract reserved vehicle internal trip ends. Additionally, the development type, size, and location must be consistent with the City’s land use forecasts used for concurrency modeling and determination of the trip bank capacity. If the concurrency test is passed, the City must record the concurrency test results in the trip bank in order to reduce the available capacity by the number of vehicle internal trip ends that will be generated by the applicant’s proposed development.

B. Reservation of Capacity. The City must reserve capacity to accommodate the vehicle internal trip ends from any project receiving a concurrency certificate. Reserved capacity must not be returned to the system unless and until a subsequent development application is denied, rejected, invalidated or abandoned, or the concurrency certificate expires or is no longer valid in accordance with IMC 18.212.090, Failing concurrency. (Ord. 3013 § 5 (Exh. G), 2023).

A. Concurrency Certificate Issuance. A concurrency certificate must be issued when the net new vehicle internal trip ends from a development do not result in more vehicle internal trip ends than are in the trip bank.

B. Validity. A concurrency certificate is valid only for the specified uses, densities, intensity, and parcel for which it was issued and must not be transferred to a different project or parcel. A concurrency certificate must remain valid:

C. Expiration. A concurrency certificate expires when:

D. Extension. A transportation concurrency certificate may not be extended. A new concurrency certificate is required if the previous certificate has expired.

E. Subdivision. Trips authorized by the concurrency certificate for a subdivision must be divided equally among the lots. The Director may modify such assignment upon petition of the owner. Any change of use of one or more of the subdivided parcels must require a new concurrency determination for the parcel changing use. (Ord. 3013 § 5 (Exh. G), 2023).

A. Determination. A concurrency certificate must not be issued when the concurrency review determines that an application’s vehicle internal trip ends exceed the vehicle internal trip ends in the trip bank; or if the proposed land use type, location, or size is not consistent with the City’s land use forecasts used for concurrency modeling and determination of the trip bank capacity. The applicant must be notified in writing that the project has failed concurrency.

B. Reservation of Capacity. The City must reserve capacity to accommodate the trips from any project failing concurrency for 60 days in order to allow the applicant time to evaluate the options for achieving concurrency outlined in subsection D of this section. The 60-day period must begin with the date of notice that the project failed concurrency. The Director may extend the reservation of capacity for a length of time as determined by the Director when:

C. Expiration. The reservation of capacity must expire at the end of 60 days unless a concurrency certificate has been issued or the reservation has been extended as provided for in subsection B of this section.

D. Options for Development Failing Concurrency. The applicant for a development failing concurrency may:

E. Transportation Facility Improvement Mitigation Criteria. The mitigation options established in subsection (D)(2) of this section that include a transportation facility improvement must be consistent with the following criteria:

F. Transportation Demand Management (TDM) or Phasing Mitigation Criteria. A TDM strategy or phasing plan may be approved to achieve transportation concurrency when the TDM strategy or phasing plan includes:

A. To allow preexisting, legal, nonconforming lots, uses, site elements, and structures to continue, but not to encourage their perpetuation;

B. To bring uses and structures into conformity with this Code over time;

C. To specify those circumstances, conditions, and procedures under which such legal nonconforming lots, uses, site elements, and structures may be permitted to continue, expand, or be modified. (Ord. 3013 § 6 (Exh. H), 2023).

A. This chapter applies to a “legal nonconforming” lot, use, site element, or structure as defined in Chapter 18.102 IMC, Definitions.

B. This chapter does not apply to a lot, use, site element, or structure that was not legally established.

C. Provisions for legal nonconforming signs are in IMC 18.612.150. (Ord. 3013 § 6 (Exh. H), 2023).

A. A legal nonconforming lot, structure, site element, or use may continue, including routine maintenance and repair, unless otherwise regulated by this Code.

B. A legal nonconforming structure may be maintained, but may not be expanded, reerected, relocated, or replaced unless those changes comply with this chapter or unless the structure is brought into compliance with this Code. (Ord. 3013 § 6 (Exh. H), 2023).

A. If a legal nonconforming use is discontinued or a site or structure becomes vacant for a year, or the structure is demolished, any new site, structure, or use must be brought into conformance with all applicable requirements in this Code.

B. The Director may extend the time frame for reestablishment of a discontinued use beyond the year time limit if the owner can document that the reestablishment has not commenced due to pending insurance or court settlement directly related to damage or destruction. The extension may not exceed one year. (Ord. 3013 § 6 (Exh. H), 2023).

A. If a legal nonconforming use or structure is partially or fully damaged or destroyed due to accident, act of nature, or similar involuntary occurrence, the use or structure may be repaired or reconstructed as described in this section. To qualify for repair or reconstruction under this section, the required permit applications for repair or reconstruction must be submitted and deemed complete within one year of the occurrence of damage or destruction.

B. Single-Family Residential Uses.

C. All Other Uses.

A. A legal nonconforming structure may be changed (including remodel or alteration of a structure) as described in this section.

B. Review Process.

C. Approval Criteria.

A. Generally. Development may be permitted on a legal nonconforming lot in any zone if all relevant local and State rules and regulations are met (including, but not limited to, setbacks, impervious surface ratio, required critical area buffers, landscape requirements, and parking) even if the lot fails to meet the zone’s requirements for lot size, width, or both.

B. Residential Lots. In any residential zone, a single-family dwelling may be permitted on a lot which cannot meet the lot size requirements of the zone, or one single-family dwelling on each of two such lots when they have a common side lot line when all of the following requirements are met:

A. A legal nonconforming single-family structure (detached, including its ADU, or attached) may be modified or expanded so long as the nonconforming portion or aspect is not increased and complies with approval criteria listed under IMC 18.214.070(C).

B. No other legal nonconforming structure or use may be expanded unless otherwise allowed under IMC 18.214.070. (Ord. 3013 § 6 (Exh. H), 2023).

A. A public utility service facility, such as a pumping station, water tower, or substation, that is nonconforming as to use or development standards in its zone, may be extended or expanded, including to allow joint use of that facility by another public utility service facility, if all of the following conditions are met:

B. Such an extension or expansion requires a Level 2 review process. (Ord. 3013 § 6 (Exh. H), 2023).

A. This section is intended to allow the continued use and possible expansion of nonconforming structure, use, and site element of public facilities including, but not limited to, the senior center on Memorial Field, the Kiwanis Lodge in Gibson Park, the cemetery site near Hillside Park, or the Transit Center at SR 900.

B. A nonconforming use, site element, or structure within the Community Facilities – Recreation (CF-R) or Community Facilities – Facilities (CF-F) zones may be rebuilt or expanded if:

C. A reconstruction and minor expansion requires a Level 1 review process. A major expansion requires the review process identified for a similar new facility under IMC 18.204.020. (Ord. 3013 § 6 (Exh. H), 2023).

A. Certain legal nonconformities in the Issaquah Highlands and Talus subareas created by the adoption of Chapter 18.404 IMC, Form and Intensity, do not create legal nonconformities subject to regulation by this chapter. This exemption from legal nonconforming status applies to all short plats, preliminary plats, and final plats approved prior to the adoption of this chapter (“exempt projects”). The exempt project must be allowed to develop and redevelop as conforming under the form and intensity standards in place prior to adoption of this chapter.

B. Certain density and gross floor area nonconformities in the Issaquah Highlands and Talus subareas were created by the adoption of Chapter 18.404 IMC, Form and Intensity. These are listed in and regulated by IMC 18.404.160(G) (Highlands) and 18.404.170(H) (Talus) and are exempt from legal nonconforming status in this chapter for all short plats, preliminary plats, and final plats approved prior to the adoption of this chapter (“exempt projects”). The exempt projects are allowed to develop and redevelop as conforming under the form and intensity standards in place prior to adoption of this chapter now found in IMC 18.404.160(G) (Highlands) and 18.404.170(H) (Talus). (Ord. 3013 § 6 (Exh. H), 2023).

A. Purpose. This chapter establishes the procedure and criteria for site-specific applications for rezone of property from one zoning classification to another zoning classification or for any change in the conditions imposed or in the terms of a concomitant agreement executed as part of a rezone.

B. Eligibility. The following are considered eligible to apply for a site-specific rezone:

C. Site-specific applications for a proposed project may not be submitted until a rezone has been approved consistent with the proposed project. (Ord. 3012 § 3 (Exh. C), 2023).

A. Application. Applicants must propose a rezone by submitting a request on the form provided by the City. The City must establish specific application procedures and make those available to the public. No rezone proposal will be processed until the form is complete and contains all the required information, including supporting documentation, and the fees are paid. (Ord. 3012 § 3 (Exh. C), 2023).

A. Site-specific rezones are quasi-judicial proceedings.

B. A site-specific rezone may be processed and heard at any point during a calendar year.

C. A site-specific rezone may have only one open-record public hearing to be held by the City’s Hearing Examiner as a Level 5 review process. The Hearing Examiner shall make a recommendation to the City Council. The City Council will make the final decision on the application.

D. If the quasi-judicial rezone request requires a Comprehensive Plan land use map amendment, a decision to approve the rezone shall be conditioned upon approval of the Comprehensive Plan amendment by the City Council. (Ord. 3012 § 3 (Exh. C), 2023).

A. The City may approve or approve with modifications an application for a site-specific rezone of property if it meets all the following criteria:

B. Burden and Nature of Proof. The burden of proof for demonstrating that the application is consistent with the applicable standards is on the applicant.

C. Approval.

A. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

B. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, or dedications;

C. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;

D. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

E. Parks and open space preservation;

F. Phasing;

G. Affordable housing;

H. Review procedures and standards for implementing decisions;

I. A build-out or vesting period for applicable standards; and

J. Any other development requirement or procedure deemed appropriate by the City Council. (Ord. 3013 § 7 (Exh. I), 2023).

A. A development agreement shall be consistent with applicable development regulations to the fullest extent possible; provided, a development agreement may allow development standards different from those otherwise imposed under the Issaquah Municipal Code to achieve any of the following purposes:

B. Any approved development standards that differ from those in the IMC shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval. The development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the IMC. Subsequently adopted standards that differ from those of a development agreement adopted by the City as provided in this chapter shall apply to the covered development project only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases that are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes/regulations/ordinances and fire codes/regulations/ordinances in effect when the permit is applied for. (Ord. 3013 § 7 (Exh. I), 2023).

A. Project description and conceptual site plan;

B. Open space and recreation lands and facilities, including preservation of critical areas and buffers;

C. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

D. Residential uses and densities, including a range of the maximum or the minimum number of housing units, and any limitations on housing types or lot sizes;

E. Provisions for affordable housing, if applicable;

F. Commercial uses and intensities, including a range of the maximum or the minimum square footages permitted for retail, business park, or other approved commercial uses;

G. Site design, bulk and/or building standards, including criteria for flexibility to encourage innovative design, preservation of critical areas, and reasonably priced housing;

H. Phasing, if applicable;

I. Road and stormwater design standards that shall apply to the various phases, if proposed, of the project;

J. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur;

K. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

L. The expected build-out time period for the entire project and the various phases, if proposed; and

M. Any other item deemed necessary by the City Council. (Ord. 3013 § 7 (Exh. I), 2023).

A. Form of Agreement. Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210, as currently written or hereafter amended. No development agreement shall be presented to the decision-making body unless in a form approved by the City Attorney. Every development agreement shall be signed or approved by the property owner and all other parties with a substantial beneficial interest in the property that is the subject of the development agreement, prior to any public hearing held for the purpose of authorizing execution of the development agreement.

B. Public Hearing. A public hearing on the proposed development agreement is required. The public hearing shall be held by the City Council unless a majority of the City Council, in its sole discretion, determines that the public hearing should be held before the Development Commission. If the public hearing is held before the Development Commission, the Development Commission will issue a recommendation to the City Council to approve, deny, or modify the proposed development agreement. The City Council may, but is not obligated to, require multiple public hearings on the proposed development agreement. Notice of the public hearing shall be issued at least 10 calendar days prior to the scheduled public hearing regarding the proposed development agreement in the manner set forth in IMC 18.204.120.

C. Review and Approval. Development agreements shall be approved by ordinance or resolution of the City Council and only after a duly noticed public hearing pursuant to subsection B of this section. The decision of the City Council on a development agreement is the final decision of the City. Notice of the final decision by the City Council shall be mailed to the property owner, to any person who submitted comments to the City Council, and to any other person who has specifically requested it.

D. No Deadline for Final Decision. Development agreements are not “project permit applications” as defined in RCW 36.70B.020. Therefore, there is no deadline for processing a development agreement. If an applicant requests that the City execute a development agreement as part of its approval of a project permit application, the applicant must agree to sign a written waiver of the deadline for issuance of a final decision of the project permit application, so that the development agreement may be processed. (Ord. 3013 § 7 (Exh. I), 2023).