Standards
A. Purpose. The purpose of this chapter is to improve the quality of development by providing building and site design standards that:
1. Reduce the visual impact of large residential buildings from adjacent streets and properties;
2. Enhance the aesthetic character of large residential buildings;
3. Contain sufficient flexibility of standards to encourage creative and innovative site and building design;
4. Meet the on-site recreation needs of project residents;
5. Enhance aesthetics and environmental protection through site design;
6. Allow for continued or adaptive reuse of historic resources while preserving their historic and architectural integrity;
7. Reduce the health and aesthetic impact of waste containers adjacent to streets;
8. Promote compatibility between residential and nonresidential uses; and
9. Promote health, safety, and security by minimizing glare and light trespass from outdoor lighting onto adjacent properties. (Ord. O2021-540 § 2 (Att. A))
A. Purpose. The purpose of this chapter is to preserve the aesthetic character of communities, to improve the aesthetic quality of the built environment, to promote retention and protection of existing vegetation; to promote water efficiency, to promote native wildlife, to reduce the impacts of development on drainage systems and natural habitats, and to increase privacy for residential zones by:
1. Providing visual relief from large expanses of parking areas and reduction of perceived building scale;
2. Providing physical separation between residential and nonresidential areas;
3. Providing visual screens and barriers as a transition between differing land uses;
4. Retaining existing vegetation and significant trees by incorporating them into the site design;
5. Providing increased areas of permeable surfaces to allow for:
a. Infiltration of surface water into groundwater resources;
b. Reduction in the quantity of stormwater discharge; and
c. Improvement in the quality of stormwater discharge;
6. Encouraging the use of native plant species by their retention or use in the landscape design;
7. Requiring water use efficiency through water budgeting and efficient irrigation design standards;
8. Encouraging the use of a diversity of plant species that promote native wildlife habitat.
B. Application. Except for communication facilities regulated pursuant to SMC 21.06.060, all new development shall be subject to the landscaping provisions of this chapter; provided, that specific landscaping and tree retention provisions for uses established through a conditional use permit or a special use permit shall be determined during the applicable review process.
C. Landscaping.
1. Landscaping – Screen types and description. The three types of landscaping screens are described and applied as follows:
a. Type I Landscaping Screen.
i. Type I landscaping shall function as a full screen and visual barrier. This landscaping is typically found between residential and nonresidential areas;
ii. Type I landscaping shall minimally consist of:
a) A mix of primarily evergreen trees and shrubs generally interspersed throughout the landscape strip and spaced to form a continuous screen;
b) Between 70 and 90 percent evergreen trees;
c) Trees provided at the rate of one per 10 linear feet of landscape strip and spaced no more than 20 feet apart on center;
d) Evergreen shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight feet apart on center; and
e) Groundcover pursuant to SMC 21.06.020.C.7; and
f) Subject to director’s review for consistency with subsection 1.a. of this section;
b. Type II Landscaping Screen.
i. Type II landscaping is a “filtered screen” that functions as a visual separator. This landscaping is typically found between commercial and industrial uses, between differing types of residential development, and to screen industrial uses from the street;
ii. Type II landscaping shall minimally consist of:
a) A mix of evergreen and deciduous trees and shrubs generally interspersed throughout the landscape strip spaced to create a filtered screen;
b) At least 50 percent deciduous trees and at least 30 percent evergreen trees;
c) Trees provided at the rate of one per 20 linear feet of landscape strip and spaced no more than 30 feet apart on center;
d) Shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight feet apart on center; and
e) Groundcover pursuant to SMC 21.06.020.C.7;
c. Type III Landscaping Screen.
i. Type III landscaping is a “see-through screen” that functions as a partial visual separator to soften the appearance of parking areas and building elevations. This landscaping is typically found along street frontage or between apartment developments;
ii. Type III landscaping shall minimally consist of:
a) A mix of evergreen and deciduous trees generally interspersed throughout the landscape strip and spaced to create a continuous canopy;
b) At least 70 percent deciduous trees;
c) Trees provided at the rate of one per linear 25 feet of landscape strip and spaced no more than 30 feet apart on center;
d) Shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight feet apart on center; and
e) Groundcover pursuant to SMC 21.06.020.C.7.
2. Landscaping – Street frontages. The required width of perimeter landscaping along street frontages shall be provided as follows:
a. Twenty feet of Type II landscaping shall be provided for an institutional use, excluding playgrounds and playfields;
b. Ten feet of Type II landscaping shall be provided for an industrial development;
c. Ten feet of Type II landscaping shall be provided for an above-ground utility facility development, excluding distribution and transmission corridors, located outside a public right-of-way;
d. Ten feet of Type III landscaping shall be provided for a commercial or attached/group residence development; and
e. For single-family subdivisions:
i. Street trees shall be planted per the public works standards.
3. Landscaping – Side and rear lot lines. The required width of perimeter landscaping along the side and rear yard lot lines shall be provided as follows:
a. Twenty feet of Type I landscaping shall be included in a commercial or industrial development along any portion adjacent to a residential development;
b. Five feet of Type II landscaping shall be included in an attached/group residence development, except that along portions of the development adjacent to property developed with single detached residences or vacant property that is zoned R(1-8), the requirement shall be 10 feet of Type II landscaping;
c. Ten feet of Type II landscaping shall be included in an industrial development along any portion adjacent to a commercial or institutional development; and
d. Ten feet of Type II landscaping shall be included in an institutional use, excluding playgrounds and playfields, or an above-ground utility facility development, excluding distribution or transmission corridors, when located outside a public right-of-way.
4. Landscaping – Drainage facilities. The landscaping requirements established for detention facilities in the Sammamish Addendum to the King County Surface Water Design Manual are hereby adopted by reference and shall be mandatory for all drainage facilities not located entirely underground. The department shall review and approve proposed landscaping plans subject to the following:
a. Revisions to plans or additional landscaping requirements may be required to ensure that the proposed landscaping provides an effective screen and an enhancement to the overall appearance of the facility.
b. Trails or walkways shall be incorporated into the landscaping plan.
c. Ten feet of Type I landscaping consisting of 100 percent evergreen trees and shrubs shall be required for that portion of the perimeter of detention facilities where the slope of the detention facility exceeds 3H:1V.
5. Landscaping – Surface parking areas. Parking area landscaping shall be provided within surface parking areas with 10 or more parking stalls for the purpose of providing shade and diminishing the visual impacts of large paved areas as follows:
a. Residential developments with common parking areas shall provide planting areas at the rate of 20 square feet per parking stall;
b. Commercial, industrial, or institutional developments shall provide landscaping at a rate of:
i. Twenty square feet per parking stall when 10 to 30 parking stalls are provided; and
ii. Twenty-five square feet per parking stall when 31 or more parking stalls are provided;
c. Trees shall be provided and distributed throughout the parking area at a rate of:
i. One tree for every five parking stalls for a commercial or industrial development; and
ii. One tree for every 10 parking stalls for residential or institutional development;
d. The maximum distance between any parking stall and landscaping shall be no more than 100 feet;
e. Permanent curbs or structural barriers shall be provided to protect the plantings from vehicle overhang; and
f. Parking area landscaping shall consist of:
i. Bioretention shall be evaluated in accordance with the Surface Water Design Manual to the maximum extent feasible. Vegetated areas within parking area landscaping that function as bioretention for the treatment of stormwater runoff shall consist of the following:
a) Trees, shrubs, perennials and groundcovers tolerant of summer drought, ponding fluctuations and saturated soil conditions for prolonged lengths of time anticipated by the facility design and hydrologic conditions.
b) Plants should be tolerant of typical pollutants from surrounding surfaces, such as petroleum hydrocarbons, dissolved metals, and fertilizers.
c) Plantings should consist of native plant types; at least 15 percent of the plant palette shall be evergreen. Planting and grading for drainage features should be designed to be integrated aesthetically with the surrounding landscape and urban design elements.
d) Visual buffering, sight distances and setbacks should be considered for landscaping adjacent to roadways.
e) The planting and bioretention soil media shall consist of a bioretention soil mix in accordance with the January 2009 WSU Pierce County Extension “Bioretention Soil Mix Review and Recommendations for Western Washington,” or equivalent.
f) No plants that are included on the King County noxious weed list.
ii. Other parking area landscaping not devoted to stormwater management shall consist of the following:
a) Canopy-type deciduous trees, evergreen trees, evergreen shrubs and groundcovers planted in islands or strips;
b) Shrubs that do not exceed a maintained height of 42 inches;
c) Groundcover pursuant to SMC 21.06.020.C.7; and
d) At least 50 percent of trees are coniferous.
iii. Plantings contained in planting islands or strips shall have an area of at least 100 square feet and with a narrow dimension of no less than five feet.
6. Landscaping – General standards for all landscape areas. All new landscape areas proposed for a development shall be subject to the following provisions:
a. Berms shall not exceed a slope of two horizontal feet to one vertical foot (2:1).
b. All new turf areas, except all-weather, sand-based athletic fields, shall:
i. Be augmented with a two-inch layer of stabilized compost material or a four-inch layer of organic material with a minimum of eight percent organic material cultivated a minimum of six inches deep; or
ii. Have an existing organic content of eight percent or more to a depth of six inches as shown in a soil sample analysis. The soil analysis shall include:
a) Determination of soil texture, indicating percentage of organic matter;
b) An approximated soil infiltration rate (either measured or derived from soil/texture/infiltration rate tables). A range of infiltration rates shall be noted where appropriate; and
c) Measure pH value.
c. Landscape areas, except turf or areas of established groundcover, shall be covered with at least two inches of City-approved mulch to minimize evaporation.
d. Plants having similar water use characteristics shall be grouped together in distinct hydrozones.
e. Plant selection shall consider adaptability to climatic, geologic, and topographical conditions of the site. Preservation of existing vegetation meeting the requirements of this chapter is required where feasible.
7. Landscaping – Additional standards for required landscape areas. In addition to the general standards of SMC 21.06.020.C.6, landscape areas required pursuant to SMC 21.06.020.C.2 through 21.06.020.C.5 shall conform to the following standards:
a. All plants shall conform to American Association of Nurserymen (AAN) grades and standards as published in the “American Standard for Nursery Stock” manual; provided, that existing healthy vegetation used to augment new plantings shall not be required to meet the standards of this manual.
b. Single-stemmed trees required pursuant to this chapter shall at the time of planting conform to the following standards:
i. In parking area landscaping and in street rights-of-way:
a) Deciduous trees shall have a minimum caliper of 1.75 inches and a height of 10 feet; and
b) Coniferous and broadleaf evergreens shall be at least five feet in height;
ii. In all other required landscape areas:
a) Deciduous trees shall have a minimum caliper of 1.5 inches and a height of 10 feet; and
b) Coniferous and broadleaf evergreen trees shall be at least five feet in height.
c. Multiple-stemmed trees shall be permitted as an option to single-stemmed trees; provided, that such multiple-stemmed trees are:
i. At least six feet in height; and
ii. Not allowed within street rights-of-way.
d. When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in two or more rows.
e. Shrubs shall be:
i. At least an AAN container Class No. 2 size at time of planting in Type II, III and parking area landscaping;
ii. At least 24 inches in height at the time of planting for Type I landscaping; and
iii. Maintained at a height not exceeding 42 inches when located in Type III or parking area landscaping.
f. Groundcovers shall be planted and spaced to result in total coverage of the majority of the required landscape area within three years.
g. All fences shall be placed on the inward side of any required perimeter landscaping along the street frontage.
h. Required street landscaping may be placed within City of Sammamish street rights-of-way subject to the City of Sammamish public works standards, provided adequate space is maintained along the street line to replant the required landscaping should subsequent street improvements require the removal of landscaping within the rights-of-way.
i. Required street landscaping may be placed within Washington State rights-of-way subject to permission of the Washington State Department of Transportation.
j. New landscape material provided within areas of undisturbed vegetation or within the protected area of significant trees shall give preference to utilizing indigenous plant species.
8. Landscaping – Alternative options. The following alternative landscape options may be allowed, subject to City approval, only if they accomplish equal or better levels of screening, or when existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures, or utilities, would render application of this chapter ineffective or result in scenic view obstruction:
a. The amount of required landscape area may be reduced to ensure that the total area for required landscaping, and/or the area remaining undisturbed for the purpose of wildlife habitat or corridors does not exceed 15 percent of the net developable area of the site. For the purpose of this subsection, the net developable area of the site shall not include areas deemed unbuildable due to their location within sensitive areas and any associated buffers;
b. The average width of the perimeter landscape strip may be reduced up to 25 percent along any portion where:
i. Berms at least three feet in height or architectural barriers at least six feet in height are incorporated into the landscape design; or
ii. The landscape materials are incorporated elsewhere on-site;
c. In pedestrian district overlays, street perimeter landscaping may be waived provided a site plan, consistent with the applicable adopted area zoning document, is approved that provides street trees and other pedestrian-related amenities;
d. Landscaping standards for uses located in a rural town or rural business centers designated by the comprehensive plan may be waived or modified by the director if deemed necessary to maintain the historic character of the area. Where a local or subarea plan with design guidelines has been adopted, the director shall base the landscaping modifications on the policies and guidelines of such plan;
e. When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping material shall be incorporated on another portion of the site;
f. Single-stemmed deciduous tree species that cannot generally be planted and established in larger sizes may have a caliper of less than one and one-half inches;
g. The number of trees and shrubs to be provided in required perimeter and parking area landscaping may be reduced up to 25 percent, subject to approval by the director, when a development retains existing significant trees within required landscaping areas consistent with the provisions of SMC 21.03.060.G, Retention standards;
h. The number of trees and shrubs to be provided in required perimeter and parking area landscaping may be reduced up to 25 percent when a development uses landscaping materials consisting of species typically associated with the Puget Sound basin in the following proportions:
i. Seventy-five percent of groundcover and shrubs; and
ii. Fifty percent of trees; and
i. The department shall, pursuant to Chapter 2.55 SMC, develop and maintain an advisory listing of trees recommended for new plantings. Such list shall describe their general characteristics and suitability, and provide guidelines for their inclusion within required landscape areas.
9. Landscaping – Plan design, design review, and installation.
a. The landscape plan submitted to the department shall be drawn on the same base map as the development plans and shall identify the following:
i. Total landscape area and separate hydrozones;
ii. Landscape materials botanical/common name and applicable size;
iii. Property lines;
iv. Impervious surfaces;
v. Natural or manmade water features or bodies
vi. Existing or proposed structures, fences, and retaining walls;
vii. Natural features or vegetation left in natural state; and
viii. Designated recreational open space areas.
b. The proposed landscape plan shall be certified by a Washington State registered landscape architect, Washington State certified nurseryman, or Washington State certified landscaper.
c. An affidavit signed by an individual specified in subsection 9. of this section, certifying that the landscaping has been installed consistent with the approved landscaping plan, shall be submitted to the department within 30 days of installation completion, unless the installed landscaping has been inspected and accepted by the department.
d. The required landscaping shall be installed no later than three months after issuance of a certificate of occupancy for the project or project phase. However, the time limit for compliance may be extended to allow installation of such required landscaping during the next appropriate planting season. A financial guarantee shall be required prior to issuance of the certificate of occupancy, if landscaping is not installed and inspected prior to occupancy.
e. A tree retention plan shall be prepared and submitted separately from the proposed landscape plan; provided, that retained trees counted towards site landscaping may be identified on the landscape plan. The tree retention plan shall:
i. Be reviewed by a certified professional to ensure selection of healthy trees pursuant to SMC 21.03.060.G, Tree retention requirements; and
ii. Identify trees scheduled for future removal and/or removed within the past year, to the maximum extent feasible.
D. Garbage and trash storage design.
1. Single-family detached homes shall provide a designated location for the storage of garbage, recycling, and other waste containers. The designated location shall either be placed in an enclosure or garage, or screened so that the garbage, recycling, and other waste containers are not visible from public streets. The director may authorize an alternate storage location that will meet the purpose of SMC 21.06.010.A.
2. Residents shall return garbage, recycling, and other waste containers to their designated storage location within 24 hours after collection, or as soon as is feasible.
E. Fences. Fences are permitted as follows:
1. Fences with a height of six feet or less may be located in the rear and side yard setbacks except that fences up to eight feet in height and not exceeding 32 linear feet in length for the segment exceeding six feet along any side or rear yard line may be located in the rear and side yard setbacks. Fences exceeding six feet within the rear or side yard setback shall only be allowed when located along a side or rear yard line shared with a property under separate ownership and when an agreement with the adjoining property owner(s) has been reached resulting in an executed agreement including an approved site plan and maintenance agreement consenting to a fence of up to eight feet recorded with King County Records prior to building permit issuance. Requests for fences exceeding six feet in height shall be considered when bundled and submitted with a Type I construction permit application. Agreements shall reference the parcel number and legal description of all affected properties and conform to a format specified by the director. Provided, no fence shall exceed eight feet. Further provided, that fence height granted under this section shall not cause for a violation or non-conformance with existing site restrictions (e.g., easements) or adopted construction codes, Chapter 16.05 SMC. Fences are limited to four feet in height in the front yard setback and shall be consistent with the sight distance requirements of SMC 21.04.030.W. For corner or atypical shaped lots with more than one front yard a fence of six feet or less may be located within the front setback along the street frontage that does not provide access to the property when located outside of the vision clearance triangle and sight distance requirements of SMC 21.04.030.W.
2. Fences located on a rockery, retaining wall, or berm within a required setback area are permitted subject to the following requirements:
a. In R-1 through R-18 zones:
i. The total height of the fence and the rockery, retaining wall, or berm upon which the fence is located shall not exceed a height of 10 feet. The maximum height of 10 feet may be increased to 12 feet in accordance with subsection E.1 of this section. This height shall be measured from the top of the fence to the ground on the low side of the rockery, retaining wall or berm; and
ii. The total height of the fence itself, measured from the top of the fence to the top of the rockery, retaining wall, or berm, shall not exceed six feet. The maximum height of six feet may be increased to eight feet in accordance with subsection E.1 of this section.
iii. For a rockery, retaining wall, or berm and fence combinations to be measured independently, the fence must be placed such that there shall be a minimum of two feet of maintained setback from the back of the rockery, retaining wall, or berm.
b. In the R-18 and commercial zones, the height of the fence, measured from the top of the fence to the top of the rockery, retaining wall or berm, shall not exceed six feet.
c. Any portion of the fence above a height of eight feet, measured to include both the fence and the rockery, retaining wall, or berm (as described in subsection E.2.a.i of this section), shall be an open-work fence. The height of the solid-work style fence may be increased to 10 feet in accordance with subsection E.1 of this section.

3. Fences located on a rockery, retaining wall or berm outside required setback areas shall not exceed the building height for the zone.
4. Electric fences shall:
a. Be permitted in all zones; provided, that when placed within R-4 through R-18 zones, additional fencing or other barriers shall be constructed to prevent inadvertent contact with the electric fence from abutting property;
b. Comply with the following requirements:
i. An electric fence using an interrupted flow of current at intervals of about one second on and two seconds off shall be limited to 2,000 volts at 17 milliamp;
ii. An electric fence using continuous current shall be limited to 1,500 volts at seven milliamp;
iii. All electric fences in the R-4 through R-18 zones shall be posted with permanent signs a minimum of 36 square inches in area at 50-foot intervals stating that the fence is electrified; and
iv. Electric fences sold as a complete and assembled unit can be installed by an owner if the controlling elements of the installation are certified by an A.N.S.I. approved testing agency.
5. Except as specifically required for the necessary security related to a nonresidential use, no barbed or razor-wire fence shall be located in any R-4 through R-18 zone.
F. Trail corridors.
1. Trail corridors – Applicability. Trail easements, or tracts, of sufficient width and length consistent with the dimensional standards as defined below, shall be provided by all developments, except for single detached residential permits, when such developments are located on properties that include trail corridors shown within an adopted City parks or trails plan. In addition to the general public, the residents or tenants of the development shall be provided access to the trail easement. The area of the trail easement shall be counted as part of the site for purposes of density and floor area calculations.
2. Trail corridors – Development standards. Proposed public and private trails shall be reviewed by the department of community development for consistency with the following standards:
a. Use of Existing Corridors. Trails should generally be located along existing cleared areas or on improved corridors, including but not limited to utility corridors, road or railroad rights-of-way, so as to avoid or minimize the need to remove additional vegetation and create other associated impacts. Where an existing right-of-way is wider than the cleared or improved area, proposed trails should generally be located on the cleared or improved portion of the right-of-way wherever possible, subject to safety and other technical factors. If sensitive areas exist on or in proximity to an existing cleared or improved corridor, then impacts from constructing the trail shall be mitigated consistent with SMC 21.03.020, including the recommendations from any required sensitive areas study. Trails may be located in other areas if it is demonstrated that a new corridor creates less overall or less incremental impact to sensitive areas and habitat while still achieving overall project goals and objectives. As shown in the adopted City comprehensive plan, parks plan or trails plan, trails and corridors should connect public lands, utility corridors, or rights-of-way or other public infrastructure to maximize transportation and public recreation uses.
b. Compatibility with Adjacent Land Uses. Trails should be designed and constructed to encourage users to remain on the trail, to diminish the likelihood of trespass and to promote privacy for adjacent landowners. The applicant shall propose for the department’s review and approval the use of fencing, signage, landscaping or other appropriate means to accomplish this requirement. Any proposed lighting should be directed away from houses along the trail corridor. Safety of trail users and adjacent landowners shall be addressed through review of vehicle access and crossing locations and design. Allowed uses should be consistent with the trail types identified in an adopted city comprehensive plan, parks plan or trails plan, and/or determined through a City-approved, site-specific master planning process if applicable.
c. Width. The width of the cleared area, trail corridor, surface and shoulder should be designed consistent with AASHTO standards for public multi-use paved trails (Guide for the Development of Bicycle Facilities, 1999, as amended, American Association of State Highway and Transportation Officials), and with U.S. Forest Service standards (Trails Management Handbook, 1991, as amended, and Standard Specifications for Construction of Trails Handbook, 1984, as amended) if unpaved. Cleared areas shall be the minimum necessary consistent with the standards and requirements in the SMC.
d. Sensitive Areas and Buffers. Trail impacts to sensitive areas should be reviewed consistent with the impact avoidance and mitigation sequencing requirements of SMC 21.03.020. Mitigation of impacts is required, even for trails located on existing corridors consistent with subsection 1. of this section. Wetland and stream buffers shall be expanded to compensate for the total area of the trail corridor, including all disturbed areas located within the buffer area. No expansion shall be required for trails located on existing improved corridors, including but not limited to utility corridors, road or railroad rights-of-way, within wetland or stream buffers. Mitigation shall be required for all impacts consistent with SMC 21.03.020.
e. Location. Except for approved viewing platforms, spur trails, wetland or stream crossings proposed consistent with SMC 21.03.020, or trails located on existing corridors consistent with subsection 1. of this section, trails that are proposed in proximity to wetlands or streams or associated buffers may only be located in the outer 25 percent of the wetland or stream buffer and should be generally aligned parallel to the stream or perimeter of the wetland. Spur trails and viewing structures should be designed to minimize impacts on sensitive area and wildlife habitat. Viewing platforms shall be placed landward of the wetland or stream edge.
f. Wildlife. Trails should be designed and constructed to encourage users to remain on the trail through the use of fencing, signage, landscaping or other appropriate means to minimize impacts to wildlife and habitat. In addition to the requirements related to wildlife corridors elsewhere in the SMC, trail location, lighting, construction decisions, and requirements for use (e.g., pet leash requirements, bicycle speed limits, etc. should be guided by recommendations from sensitive areas studies to avoid, minimize and mitigate impacts to habitat for sensitive species. In a vegetation management plan developed for City review and approval consistent with SMC 21.03.020.O, all disturbed areas shall be landscaped with appropriate native vegetation upon completion of trail construction or as soon thereafter as possible. The trail maintenance entity shall ensure that such vegetation survives through an appropriate mechanism. An integrated vegetation and pest management plan shall be developed by the applicant and approved by the department that avoids or minimizes the use of pesticides, herbicides and other hazardous substances.
g. Surfacing. To promote infiltration and groundwater recharge and to minimize slope instability, trail surfaces shall be made of pervious materials. Public multi-use trails, or other trails determined by the department to require impervious surfaces, may be paved; however, pervious paving or other low-impact techniques that meet overall project goals for cost and durability are encouraged. Boardwalks may be used for areas subject to regular inundation, and should be constructed with nonhazardous materials. Impervious materials may also be used if necessary for soil stabilization or to prevent soil erosion, or if the trail is specifically designed and intended to be accessible to physically challenged persons and is identified as such in an adopted city comprehensive plan, parks plan or trails plan.
3. Trail corridors – Maintenance of trail corridors/improvements. Maintenance of any trail corridor or improvements, retained in private ownership, shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the City.
G. Outdoor lighting.
1. Applicability. This section applies to the following types of lighting:
a. All new and replacement exterior light fixtures in parking lots, and associated with commercial, institutional, and mixed-use buildings; and
b. All existing, new, or replacement security or floodlighting associated with residential uses.
2. Exemptions. The following types of lighting are exempt from the provisions of this section:
a. Seasonal decorations;
b. Lighting used under emergency conditions (e.g., searchlights, law enforcement vehicles);
c. Moving vehicle lights;
d. Underwater lighting in swimming pools;
f. Traffic control devices;
g. Lights required by state or federal law (e.g., wireless communication facility towers);
h. Temporary lighting for construction sites, special events (e.g., theatrical performances, community events); and
i. Other lighting of a similar nature as approved by the director.
3. Standards.
a. Security or Floodlighting Fixtures Associated with Single-Family Residences and Townhouses.
i. Lighting fixtures shall be properly aimed and installed in a manner that causes minimal or no light trespass onto adjacent properties;
ii. Lighting fixtures shall not exceed 1,260 lumens, unless the lighting fixture is fully shielded; and
iii. Motion sensors associated with security or floodlighting shall not be activated by off-site movement.
b. Parking Lots.
i. Lighting fixtures shall be partially shielded so that minimal light is emitted above a horizontal plane, and shall be installed and maintained in a way that causes minimal or no light trespass onto adjacent properties.
ii. Outdoor lighting shall not exceed 5.0 lumens per square foot of parking lot surface and pedestrian walkway. Requests for additional lighting may be considered with the approval of the director.
iii. Lighting fixtures shall be no more than 25 feet tall, with lower light fixtures preferable so as to maintain a human scale. Requests for higher light fixtures may be considered with the approval of the director.
iv. Site light fixtures shall be designed to use metal halide or LED light sources unless an alternative is approved by the director.
v. Solar-powered and high-energy-efficient lighting is encouraged. The director may allow flexibility level standards for solar-powered lights.
vi. Motion-sensing lighting is encouraged. The director may allow flexibility with outdoor lighting standards when motion-sensing technology is used.
c. Commercial, Institutional, and Mixed-Use Buildings.
i. Outdoor light fixtures shall be fully shielded, pointed downward, and should be maintained in a way that causes minimal or no light trespass onto adjacent properties.
ii. Outdoor lighting shall not exceed 5.0 lumens per square foot of hardscape outside the building structure. Requests for additional lighting may be considered with the approval of the director.
iii. Exceptions.
a) One partially shielded light fixture or sconce is allowed if it is located beneath a building overhang and will generate less than 630 lumens;
b) Landscape/accent lighting; provided, that the combined output of the light fixture does not exceed 2,100 lumens;
c) Motion-sensor lighting that extinguishes the light no more than 15 minutes after the area is vacated.
iv. Outdoor lighting shall not exceed 5.0 lumens per square foot of hardscape. Requests for additional lighting may be considered with the approval of the director. Except:
a) Drive-up windows may add 8,000 lumens per drive-up window. In order to use this allowance, light fixtures must be within 20 feet horizontal distance of the center of the window.
b) Vehicle service stations may add lighting that results in a total of 16,000 lumens per fuel pump.
v. Site lighting shall be metal halide or LED unless an alternative is approved by the director.

H. Maintenance.
1. All landscaping shall be maintained for the life of the project, including water conservation practices for turf grass such as annual aeration and dethatching, top dressing and overseeding;
2. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure;
3. With the exception of dead, diseased or damaged trees specifically retained to provide wildlife habitat, other dead, diseased, damaged or stolen plantings shall be replaced within three months or during the next planting season if the loss does not occur in a planting season; and
4. Landscape areas shall be kept free of trash.
I. Financial guarantees. Financial guarantees shall be required consistent with the provisions of SMC Title 27A. This time period may be extended to one year by the director, if necessary to cover a planting and growing season.
J. Water use and irrigation.
1. Water use – Applicability of water budget for landscape areas. Irrigation systems of any type are optional components of a landscape area. However, a water budget for irrigation purposes shall be established for all new development, except for:
a. Individually platted single dwelling (attached or detached) residential lots; provided, that developer-installed landscaping in common areas of residential projects is not exempt; and
b. Any project with a total landscaped area less than 500 square feet.
2. Water use – Irrigation water budget calculated.
a. The water budget (WB) allocation shall be calculated using the following formula:
WB = (ETo) x (AF) x (LA) x (CF)
Eto: Referenced evapotranspiration rate (net seasonal irrigation requirement in inches; see table below)
AF: Adjustment factor value of 0.8 (i.e., 0.5 x (Eto)/0.625 irrigation efficiency coefficient)
LA: Landscape area (square feet)
CF: Conversion factor value of 0.62 (Eto inches to gallons per square foot)
Reference to Table - Historical Data* | |
|---|---|
Month | Monthly Net Irrigation Requirements (in.) |
January | .00 |
February | .00 |
March | .00 |
April | .00 |
May | 1.59 |
June | 3.13 |
July | 4.46 |
August | 3.51 |
September | 1.77 |
October | .03 |
November | .00 |
December | .00 |
Season total | 14.49 |
*These figures are based on a 30-year average of National Weather Service Data and represent the amount of additional irrigation required for turf grass. The figures are adjusted for turf typically used in commercial landscaping.
b. The City shall periodically undertake an evaluation of the WB calculation formula outlined in subsection 2. of this section. The evaluation shall include a recommendation to retain or modify the adjustment factor or components thereof, and shall be made in consultation with groups including landscape professionals and water purveyors.
c. The water budget will be calculated upon the total area of the site in landscape areas and in landscape water features (such as decorative ponds, pools or fountains) that are fed by irrigation water. For the purpose of calculating the water budget, “landscape area” shall mean the entire parcel, less:
i. Sensitive areas and their buffers;
iii. Driveways;
iv. Paved portions of parking lots; and
v. Hardscapes (e.g., decks, patios, sidewalks, and other nonporous areas).
d. Areas such as playgrounds, sport fields, golf courses, school yards, or other recreational spaces where the turf provides a playing surface or serves other recreational purposes may be allowed additional water beyond the calculated water budget. In order to receive additional water for such turf areas, the applicant shall submit a statement designating such turf areas for recreational purposes and specifying additional water needs above the water budget. This additional water need will be based upon the Eto information for the turfgrass species or species mix used in such turf areas.
e. Landscape water features shall not use potable water unless the water feature recirculates water used in its operation.
f. The irrigation water use may be monitored by the water purveyor after the date of release of the performance bond.
g. Alternative water sources such as recycled wastewater or rainwater are encouraged. Such water sources shall not be subject to the limits of the water budget.
3. Water use – Estimated water use calculated. The estimated water use shall be calculated using the following provisions.
a. Estimated water use (EWU) shall be calculated for each hydrozone by using the following formula:
EWU = (Eto) x (PF) x (HA) x (CF)
IE
Eto: Referenced evapotranspiration rate (net seasonal irrigation requirement in inches. See table in SMC 21.06.020.J.2)
PF: Plant factor value (see subsection 3.b. of this section)
HA: Hydrozone area (square feet)
CF: Conversion factor value of 0.62 (Eto inches to gallons per square foot)
IE: Irrigation efficiency value
b. Plant factor values shall be as follows, but may be adjusted pursuant to subsection 3. of this section:
0 to 0.3 for low water use plants
0.4 to 0.6 for average water use plants
0.7 to 1.0 for high water use plants
c. For each hydrozone, plant factor values may be determined and adjusted by the designer (based on professional judgment and applicable reference materials) considering the relevant factors such as:
i. Water requirements of the various plant species proposed;
ii. Density of the plantings;
iii. Microclimate of the site; and
iv. Soil conditions.
4. Water use – Irrigation efficiency goals and system design standards. For purposes of this section, irrigation shall include any means of applying water to landscaped areas. All irrigation is at the applicant’s option. Manually applied irrigation methods shall comply with subsections 1. and 2. of this section. Irrigation applied through installed irrigation systems shall comply with subsections 1. through 3. of this section:
a. Irrigation water shall be applied with goals of avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, and impervious surfaces by:
i. Considering soil type and infiltration rates;
ii. Using proper irrigation equipment and schedules, including features such as repeat cycles, to closely match application rates with infiltration rates; and
iii. Considering special problems posed by irrigation on slopes and in median strips.
b. All irrigation water outlets, except those using alternative water sources, shall be downstream of the meter used to measure irrigation water use.
c. Irrigation systems shall be subject to the following additional provisions:
i. Systems shall not be located on any:
a) Turfgrass slopes exceeding a slope of three horizontal feet to one vertical foot (3:1); and
b) Turfgrass portions of median strips less than eight feet width.
ii. Systems in landscape strips less than five feet in width shall be designed to ensure that overspray and/or runoff does not occur by use of system design options such as low volume emitters or microspray systems.
iii. Systems shall be designed to be consistent with the requirements of the hydrozone in which they are located.
iv. Systems shall be designed with the minimum average irrigation efficiency of 0.625 for spray type and 0.925 for low volume, low pressure emitter type systems.
v. The use of automatic shutoff or override capabilities using rain shutoffs or moisture sensors is encouraged.
vi. Systems shall utilize a master control valve connected to an automatic controller.
vii. Systems shall make provisions for winterization either by providing:
a) Manual drains (automatic drain valves are not permitted at all low points); or
b) Means to blow out lines with pressurized air.
viii. Separate valves shall be used to irrigate plants with differing water needs.
ix. Sprinkler heads with consistent application rates shall be selected for proper area coverage, operating pressure, and adjustment capability.
5. Water use – Irrigation system design, design review and audit at installation.
a. Irrigation plan design shall be certified by an Irrigation Association (IA) certified designer or a registered landscape architect or professional engineer with irrigation design experience.
b. The irrigation system must be audited and accepted at installation by an IA-certified irrigation auditor.
6. Water use – Irrigation design plan contents. Proposed irrigation system design plans shall be drawn on the same base project map as the landscape plan and shall identify:
a. Location and size of any proposed separate water meters for the landscape serving commercial, multifamily, school, church, or recreation land uses only;
b. Location, type, and size of all components of the irrigation system;
c. Static water pressure at the point of connection to the water supply;
d. Flow rate (gallons per minute), application rates (inches per hour), and design operating pressure (PSI) for each station; and
e. Cross connection prevention and/or backflow prevention device in accordance with state standards.
7. Water use – Irrigation schedules. Irrigation schedules consistent with the following shall be submitted:
a. A recommended irrigation program with monthly irrigation schedules based, at a minimum on average monthly Eto, shall be required for before and after establishment.
b. The irrigation schedule shall:
i. Include for each station the run time (in minutes per cycle) and cycles per week;
ii. Indicate the amount of applied water (in the applicable billing unit used by a purveyor);
iii. Incorporate use of evapotranspiration data reflecting local microclimates;
iv. Be adjusted for additional water need in recreational areas;
v. Incorporate additional operating criteria such as avoiding irrigation at times of high temperatures or winds.
8. Water use – Irrigation system maintenance. Irrigation systems shall be maintained and inspected periodically to assure proper functioning and in compliance with the calculated water budget for the system. Replacement of components shall be of originally specified parts or materials, or their equivalents. (Ord. O2025-583 § 2 (Att. A.9); Ord. O2021-540 § 2 (Att. A))
A. Purpose. The purpose of this chapter is to provide adequate parking for all uses allowed in this Title, to reduce demand for parking by encouraging alternative means of transportation including public transit, rideshare and bicycles, and to increase pedestrian mobility in urban areas by:
1. Setting minimum off-street parking standards for different land uses that assure safe, convenient and adequately sized parking facilities within activity centers;
2. Providing incentives to rideshare through preferred parking arrangements;
3. Providing for parking and storage of bicycles;
4. Providing safe direct pedestrian access from public rights-of-way to structures and between developments; and
5. Requiring uses that attract large numbers of employees or customers to provide transit stops.
B. Authority and application.
1. Before an occupancy permit may be granted for any new or enlarged building or for a change of use in any existing building, the use shall be required to meet the provisions of this chapter.
2. If this chapter does not specify a parking requirement for a land use, the director shall establish the minimum requirement based on a study of anticipated parking demand. Transportation demand management actions taken at the site shall be considered in determining anticipated demand. If the site is located in an activity center or community business center, the minimum requirement shall be set at a level less than the anticipated demand, but at no less than 75 percent of the anticipated demand. In the study the applicant shall provide sufficient information to demonstrate that the parking demand for a specific land use will be satisfied. Parking studies shall be prepared by a professional engineer with expertise in traffic and parking analyses, or an equally qualified individual as authorized by the director.
3. If the required amount of off-street parking has been proposed to be provided off-site, the applicant shall provide written contracts with affected landowners showing that required off-street parking shall be provided in a manner consistent with the provisions of this chapter. The contracts shall be reviewed by the director for compliance with this chapter, and if approved, the contracts shall be recorded with the King County records and elections division as a deed restriction on the title to all applicable properties. These deed restrictions may not be revoked or modified without authorization by the director.
C. Computation of required off-street parking spaces.
1. Except as modified in SMC 21.06.030.J.2 through J.4, off-street parking areas shall contain at a minimum the number of parking spaces as stipulated in the following table. Off-street parking ratios expressed as number of spaces per square feet means the usable or net square footage of floor area, exclusive of nonpublic areas. Nonpublic areas include but are not limited to building maintenance areas, storage areas, closets or restrooms. If the formula for determining the number of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down.
Off-Street Parking Minimums | |
|---|---|
Land Use | Minimum Parking Spaces Required |
Residential | |
Single detached | 2.0 per DU |
Apartment: | |
Studio units | 1.2 per DU |
One bedroom units | 1.5 per DU |
Two bedroom units | 1.7 per DU |
Three bedroom units or larger | 2.0 per DU |
2.0 per DU | |
1 per 4 sleeping units | |
1 per 4 dwellings or sleeping units | |
1 per 4 bedrooms | |
Hotel/motel, including organizational hotel/lodging | 1 per bedroom |
1 per guest room, plus 2 per facility | |
Exceptions: | |
Middle housing overlay district | See MHO district standards for parking |
No parking required | |
Affordable housing developments for 50% AMI and below | No parking required |
Affordable housing developments for above 50% AMI to 100% AMI | 1.0 per DU |
Recreational/Cultural | |
Recreation/culture uses | 1 per 300 square feet |
Exceptions: | |
Bowling center | 5 per lane |
3 per hole, plus 1 per 300 square feet of clubhouse facilities | |
Tennis club | 4 per tennis court, plus 1 per 300 square feet of clubhouse facility |
Golf driving range | 1 per tee |
Park/playfield | (Director) |
1 per 3 fixed seats | |
1 per 3 fixed seats, plus 1 per 50 square feet used for assembly purposes without fixed seats, or 1 per bedroom, whichever results in the greater number of spaces | |
General Services | |
General service uses | 1 per 300 square feet |
Exceptions: | |
Funeral home/crematory | 1 per 50 square feet of chapel area |
Daycare I | 2 per facility |
Daycare II | 2 per facility, plus 1 space for each 20 children |
1 per 5 fixed seats, plus 1 per 50 square feet of gross floor area without fixed seats used for assembly purposes | |
Outpatient and veterinary clinic offices | 1 per 300 square feet of office, labs and examination rooms |
Nursing and personal care facilities | 1 per 4 beds |
Hospital | 1 per bed |
Elemetary schools | 1 per classroom, plus 1 per 50 students |
Middle/junior high schools | 1 per classroom, plus 1 per 50 students |
1 per classroom, plus 1 per 10 students | |
High schools with stadiums | Greater of 1 per classroom plus 1 per 10 students, or 1 per 3 fixed seats in stadium |
1 per classroom, plus 1 per 5 students | |
1 per classroom, plus 1 per 2 students | |
0.9 per 1,000 square feet of area used for studios | |
Government/Business Services | |
Government/business service uses | 1 per 300 square feet |
Exceptions: | |
1 per 300 square feet of offices, plus 0.9 per 1,000 square feet of indoor storage or repair areas | |
0.9 per 1,000 square feet of storage area, plus 1 per 50 square feet of waiting/reviewing areas | |
Courts | 3 per courtroom, plus 1 per 50 square feet of fixed seat or assembly areas |
Police facilities | (Director) |
Fire facilities | (Director) |
1 per 300 square feet of office, plus 1 per 3,000 square feet of storage area | |
Warehousing and storage | 1 per 300 square feet of office, plus 0.9 per 1,000 square feet of storage area |
Self-service and storage | 1 per 3,500 square feet of storage area, plus 2 for any resident director’s unit |
Outdoor advertising services | 1 per 300 square feet of office, plus 0.9 per 1,000 square feet of storage area |
Heavy equipment repair | 1 per 300 square feet of office, plus 0.9 per 1,000 square feet of indoor repair areas |
Office | 1 per 300 square feet |
Retail/Wholesale | |
Retail trade uses | 1 per 300 square feet |
Exceptions: | |
Food stores, less than 15,000 square feet | 3, plus 1 per 350 square feet |
Gasoline service stations w/o grocery | 3 per facility, plus 1 per service bay |
Gasoline service stations w/ grocery, no service bays | 1 per facility, plus 1 per 300 square feet of store |
Restaurants | 1 per 75 square feet in dining or lounge areas |
Wholesale trade uses | 0.9 per 1,000 square feet |
Retail and wholesale trade mixed use | 1 per 300 square feet |
Manufacturing | |
Manufacturing uses | 0.9 per 1,000 square feet |
Winery/brewery | 0.9 per 1,000 square feet, plus 1 per 50 square feet of tasting area |
Resources | |
Resource uses | (Director) |
Regional | |
Regional uses | (Director) |
2. An applicant may request a modification of the minimum required number of parking spaces by providing that parking demand can be met with a reduced parking requirement. In such cases, the director may approve a reduction of up to 50 percent of the minimum required number of spaces.
3. No minimum parking is required for transit-adjacent sites as follows:
a. Single-family, ADUs, and middle housing within one-quarter mile of an existing or planned transit stop.
b. Co-living, dormitory, and senior assisted housing within one-quarter mile of an existing or planned transit stop.
4. When the City has received a shell building permit application, off-street parking requirements shall be based on the possible tenant improvements or uses authorized by the zone designation and compatible with the limitations of the shell permit. When the range of possible uses result in different parking requirements, the director will establish the amount of parking based on a likely range of uses.
5. Where other provisions of this code stipulate maximum parking allowed or reduced minimum parking requirements, those provisions shall apply.
6. In any development required to provide six or more parking spaces, bicycle parking shall be provided. Bicycle parking shall be bike rack or locker-type parking facilities unless otherwise specified.
a. Off-street parking areas shall contain at least one bicycle parking space for every 12 spaces required for motor vehicles except as follows:
i. The director may reduce bike rack parking facilities for patrons when it is demonstrated that bicycle activity will not occur at that location.
ii. The director may require additional spaces when it is determined that the use or its location will generate a high volume of bicycle activity. Such a determination will include but not be limited to the following uses:
a) Park/playfield;
b) Marina;
c) Library/museum/arboretum;
d) Elementary/secondary school;
e) Sports club; or
f) Retail business (when located along a developed bicycle trail or designated bicycle route).
b. Bicycle facilities for patrons shall be located within 100 feet of the building entrance and shall be designed to allow either a bicycle frame or wheels to be locked to a structure attached to the pavement.
c. All bicycle parking and storage shall be located in safe, visible areas that do not impede pedestrian or vehicle traffic flow, and shall be well lit for nighttime use.
d. When more than 10 people are employed on site, enclosed locker-type parking facilities for employees shall be provided. The director shall allocate the required number of parking spaces between bike rack parking and enclosed locker-type parking facilities.
e. One indoor bicycle storage space shall be provided for every two dwelling units in townhouse and apartment residential uses, unless individual garages are provided for every unit. The director may reduce the number of bike rack parking spaces if indoor storage facilities are available to all residents.
D. Shared parking requirements. The amount of off-street parking required by SMC 21.06.030.C may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided:
1. The total parking area exceeds 5,000 square feet;
2. The parking facilities are designed and developed as a single on-site common parking facility, or as a system of on-site and off-site facilities, if all facilities are connected with improved pedestrian facilities and no building or use involved is more than 800 feet from the most remote shared facility;
3. The amount of the reduction shall not exceed 10 percent for each use, unless:
a. The normal hours of operation for each use are separated by at least one hour; or
b. A parking demand study is prepared by a professional traffic engineer and submitted by the applicant documenting that the hours of actual parking demand for the proposed uses will not conflict and those uses will be served by adequate parking if shared parking reductions are authorized;
c. The director will determine the amount of reduction subject to subsection 4. of this section;
4. The total number of parking spaces in the common parking facility is not less than the minimum required spaces for any single use;
5. A covenant or other contract for shared parking between the cooperating property owners is approved by the director. This covenant or contract must be recorded with King County records and elections division as a deed restriction on both properties and cannot be modified or revoked without the consent of the director; and
6. If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the director or provide the full amount of required off-street parking for each use, in accordance with the requirements of this chapter, unless a satisfactory alternative remedy is approved by the director.
E. Attached Dwellings and Group Residences—Vehicular Access and Parking Location.
1. On sites abutting an alley constructed to a width of at least 20 feet, apartment and middle housing development, STEP housing, and all group residences must have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the director due to physical site limitations.
2. When alley access is provided, no additional driveway access from the public street shall be allowed except as necessary to access parking under the structure or for fire protection.
3. When the number of uncovered common parking spaces for attached dwellings and group residences exceed 30 spaces and when there is alley access, no more than 50 percent of these uncovered parking spaces shall be permitted between the street property line and any building, except when authorized by the director due to physical site limitations.
F. Exceptions for Senior Assisted Housing.
1. The minimum requirement of one off-street parking space per four senior assisted housing units or sleeping units may be reduced by up to 50 percent, as determined by the Director based on the following considerations:
a. Availability of private, convenient transportation services to meet the needs of the residents;
b. Accessibility to and frequency of public transportation; and
c. Pedestrian access to health, medical, and shopping facilities.
2. If a senior assisted housing facility is no longer used for such purposes, additional off-street parking spaces shall be required in compliance with this chapter prior to the issuance of a new certificate of occupancy.
G. Parking for New Lots Created Under SMC 21.02.060. All new residential lots, created pursuant to the provisions of SMC 21.02.060 and located within the R-4 and R-6 zones, shall provide one on-street parking space along the street frontage of each lot within the project’s public or private streets. If, through demonstration of design alternatives considered by the applicant, on-street parking is proven infeasible, required parking may be permitted in alternative locations in the following order of preference: within a common shared space to be managed by the homeowners’ association; or within the driveway that services each new lot. All new residential lots are also eligible for an off-street parking relief provided the parking study requirements are met in subsection S of this section.
H. Parking for the disabled. Off-street parking and access for physically disabled persons shall be provided in accordance with the regulations adopted pursuant to Chapter 19.27 RCW, State Building Code, and Chapter 70.92 RCW, Public Buildings – Provisions for Aged and Disabled.
I. Electric vehicle parking stations—Provisions for. Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric vehicle charging stations shall be provided as follows:
1. Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table:
EV Charging Station Provision | |
|---|---|
Number of EV Charging Stations | Minimum Accessible EV Charging Stations |
1 - 50 | 1 |
51 - 100 | 2 |
101 - 150 | 3 |
151 - 200 | 4 |
201 - 250 | 5 |
251 - 300 | 6 |
2. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. Below are two options for providing for accessible electric vehicle charging stations.


J. Loading space requirements.
1. Every nonresidential building engaged in retail, wholesale, manufacturing, or storage activities, excluding self-service storage facilities, shall provide loading spaces in accordance with the standards listed below:
Loading Space Requirements | |
|---|---|
Gross Floor Area | Required Number of Loading Spaces |
10,000 to 16,000 square feet | 1 |
16,001 to 40,000 square feet | 2 |
40,001 to 64,000 square feet | 3 |
64,001 to 96,000 square feet | 4 |
96,001 to 128,000 square feet | 5 |
128,001 to 160,000 square feet | 6 |
160,001 to 196,000 square feet | 7 |
For each additional 36,000 square feet | 1 additional |
2. Every building engaged in hotel, office building, restaurant, hospital, auditorium, convention hall, exhibition hall, sports arena/stadium or other similar use shall provide loading spaces in accordance with the standards listed below:
Loading Space Requirements | |
|---|---|
Gross Floor Area | Required Number of Loading Spaces |
40,000 to 60,000 square feet | 1 |
60,001 to 160,000 square feet | 2 |
160,001 to 264,000 square feet | 3 |
264,001 to 388,000 square feet | 4 |
388,001 to 520,000 square feet | 5 |
520,001 to 652,000 square feet | 6 |
652,001 to 784,000 square feet | 7 |
784,001 to 920,000 square feet | 8 |
For each additional 140,000 square feet | 1 additional |
3. Each loading space required by this section shall be a minimum of 10 feet wide, 30 feet long, and have an unobstructed vertical clearance of 14 feet six inches, and shall be surfaced, improved and maintained as required by this chapter. Loading spaces shall be located so that trucks shall not obstruct pedestrian or vehicle traffic movement or project into any public right-of-way. All loading space areas shall be separated from parking areas and shall be designated as truck loading spaces.
4. Any loading space located within 100 feet of areas zoned for residential use shall be screened and operated as necessary to reduce noise and visual impacts. Noise mitigation measures may include architectural or structural barriers, beams, walls, or restrictions on the hours of operation.
5. Multi-story self-service storage facilities shall provide two loading spaces, and single story facilities one loading space, adjacent to each building entrance that provides common access to interior storage units. Each loading berth shall measure not less than 25 feet by 12 feet with an unobstructed vertical clearance of 14 feet six inches, and shall be surfaced, improved and maintained as required by this chapter. Any floor area additions or structural alterations to a building shall be required to provide loading space or spaces as set forth in this chapter.
K. Stacking spaces for drive-through facilities.
1. A stacking space shall be an area measuring eight feet by 20 feet with direct forward access to a service window of a drive-through facility. A stacking space shall be located to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other parking space areas. Stacking spaces for drive-through or drive-in uses may not be counted as required parking spaces.
2. Uses providing drive-up or drive-through services shall provide vehicle stacking spaces as follows:
a. For each drive-through lane of a bank/financial institution, business service, or other drive-through use not listed, a minimum of five stacking spaces shall be provided; and
b. For each drive-through lane of a restaurant, a minimum of seven stacking spaces shall be provided.
L. Transit and rideshare provisions.
1. All land uses listed in SMC 21.05.010.P (government/business services), and in SMC 21.05.010.T (manufacturing), hospitals, high schools, vocational schools, universities, and specialized instruction schools shall be required to reserve one parking space of every 20 required spaces for rideshare parking as follows:
a. The parking spaces shall be located closer to the primary employee entrance than any other employee parking except disabled;
b. Reserved areas shall have markings and signs indicating that the space is reserved; and
c. Parking in reserved areas shall be limited to vanpools and carpools established through rideshare programs by public agencies and to vehicles meeting minimum rideshare qualifications set by the employer.
2. The director may reduce the number of required off-street parking spaces when one or more scheduled transit routes provide service within 660 feet of the site. The amount of reduction shall be based on the number of scheduled transit runs between 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m. each business day up to a maximum reduction as follows:
a. Four percent for each run serving land uses in SMC 21.05.010.P (government/business services) and SMC 21.05.010.T (manufacturing) up to a maximum of 40 percent; and
b. Two percent for each run serving land uses in SMC 21.05.010.N (recreation/culture), SMC 21.05.010.O (general services) and SMC 21.05.010.S (retail/wholesale) up to a maximum of 20 percent; and
3. All uses that are located on an existing transit route and are required under the computation for required off-street parking spaces in SMC 21.06.030.C.1 to provide more than 200 parking spaces may be required to provide transit shelters, bus turnout lanes or other transit improvements as a condition of permit approval. Uses that reduce required parking under subsection 2. of this section shall provide transit shelters if transit routes adjoin the site.
M. Pedestrian and bicycle circulation and access.
1. Nonresidential Uses. All permitted nonresidential uses shall provide pedestrian and bicycle access within and onto the site. Access points onto the site shall be provided a. approximately every 800 to 1,000 feet along existing and proposed perimeter sidewalks and walkways; and b. at all arrival points to the site, including abutting street intersections, crosswalks, and transit stops. In addition, access points to and from adjacent lots shall be coordinated to provide circulation patterns between developments.
2. Residential Uses.
a. All permitted residential uses of five or more dwelling units shall provide pedestrian and bicycle access within and onto the site. Access points onto the site shall be provided i. approximately every 800 to 1,000 feet along existing and proposed perimeter sidewalks and walkways, and ii. at all arrival points to the site, including abutting street intersections, crosswalks, and transit and school bus stops. In addition, access points to and from adjacent lots shall be coordinated to provide circulation patterns between sites.
b. Residential uses of five or more dwelling units shall provide for nonmotorized circulation between cul-de-sacs or groups of buildings to allow pedestrian and bicycle access within and through the development to adjacent activity centers, parks, common tracts, dedicated open space intended for active recreation, schools or other public facilities, transit and school bus stops, and public streets.
c. Access shall only be required to school bus stops that are within or adjacent to a proposed residential use of five or more dwelling units and that are identified by the affected school district in response to a notice of application. In order to allow school districts to identify school bus stops, the department shall send a notice of application to affected school districts on all applications for residential uses of five or more dwelling units.
3. Walkways shall form an on-site circulation system that minimizes the conflict between pedestrians and traffic at all points of pedestrian access to on-site parking and building entrances. Walkways shall be provided when the pedestrian access point onto the site, or any parking space, is more than 75 feet from the building entrance or principal on-site destination and as follows:
a. All developments that contain more than one building shall provide walkways between the principal entrances of the buildings;
b. All nonresidential buildings set back more than 100 feet from the public right-of-way shall provide for direct pedestrian access from the building to buildings on adjacent lots; and
c. Walkways across parking areas shall be located as follows:
i. Walkways running parallel to the parking rows shall be provided for every six rows. Rows without walkways shall be landscaped or contain barriers or other means to encourage pedestrians to use the walkways; and

ii. Walkways running perpendicular to the parking rows shall be no further than 20 parking spaces. Landscaping, barriers or other means shall be provided between the parking rows to encourage pedestrians to use the walkways.

4. Pedestrian and bicycle access and walkways shall meet the following minimum design standards:
a. Access and walkways shall be well lit and physically separated from driveways and parking spaces by landscaping, berms, barriers, grade separation, or other means to protect pedestrians from vehicular traffic;
b. Access and walkways shall be a minimum of 48 inches of unobstructed width and meet the surfacing standards of the City of Sammamish public works standards for walkways or sidewalks;
c. The minimum standard for walkways required to be accessible for persons with disabilities shall be designed and constructed to comply with the current State Building Code regulations for barrier-free accessibility;
d. A crosswalk shall be required when a walkway crosses a driveway or a paved area accessible to vehicles.
5. Blocks in excess of 660 feet shall be provided with a crosswalk at the approximate midpoint of the block.
6. The director may waive or modify the requirements of this section when:
a. Existing or proposed improvements would create an unsafe condition or security concern;
b. There are topographical constraints or existing or required structures effectively block access;
c. The site is in a rural area outside of or not contiguous to an activity center, park, common tract, dedicated open space, school, transit stop, or other public facility;
d. The land use would not generate the need for pedestrian or bicycle access; or
e. The public is not allowed access to the subject land use.
The director’s waiver may not be used to modify or waive the requirements of this section relating to sidewalks and safe walking conditions for students.
7. The provisions of this section shall not apply on school district property.
N. Off-Street Parking Plan Design Standards.
1. Off-street parking areas shall not be located more than 600 feet from the building they are required to serve for all uses except those specified below; where the off-street parking areas do not abut the buildings they serve, the required maximum distance shall be measured from the nearest building entrance that the parking area serves:
a. For all single detached dwellings the parking spaces shall be located on the same lot they are required to serve;
b. For all other residential dwellings at least a portion of off-street parking areas must be located within 150 feet from the building(s) they are required to serve. On-street parking stalls must be located within 600 feet from the building(s) they are required to serve;
c. For all nonresidential uses permitted in residential zones, at least a portion of off-street parking areas must be located within 150 feet from the nearest building entrance they are required to serve. On-street parking stalls must be located within 600 feet from the nearest building entrance they are required to serve;
d. In designated activity, community business, and neighborhood business centers, parking lots should be located to the rear or sides of buildings, when feasible;
e. Parking lots must be so arranged as to permit the internal circulation of vehicles between parking aisles without re-entering adjoining public streets; and
f. Parking for people with disabilities must be provided in accordance with subsection H of this section.
2. The minimum parking space and aisle dimensions for the most common parking angles are shown on the chart below. For parking angles other than those shown on the chart, the minimum parking space and aisle dimensions must be determined by the Director. Regardless of the parking angle, one-way aisles must be at least 10 feet wide, and two-way aisles must be at least 20 feet wide. If dead-end aisles are used in the parking layout, they must be constructed as two-way aisles. Parking plans for angle parking shall use space widths no less than eight feet for a standard or compact car parking space design.
Minimum Parking Stall and Aisle Dimensions | |||||
|---|---|---|---|---|---|
A | B | C | D | E | |
Parking Angle | Stall width | Curb length | Curb depth | Aisle one-way | Aisle two-way |
0 | 8.0 | 20.0 | 8.0 | 12.0 | 20.0 |
30 | 8.0 | 16.0 | 15.0 | 10.0 | 20.0 |
45 | 8.0 | 11.5 | 17.0 | 12.0 | 20.0 |
60 | 8.0 | 9.6 | 18.0 | 18.0 | 20.0 |
90 | 8.0 | 8.0 | 16.0 | 24.0 | 24.0 |

3. Any parking spaces abutting a required landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe.
4. The parking space depth may be reduced when vehicles overhang a walkway or landscaping under the following conditions:
a. Wheelstops or curbs are installed;
b. The remaining walkway provides a minimum of 48 inches of unimpeded passageway for pedestrians;
c. The amount of space depth reduction is limited to a maximum of 18 inches; and
d. Landscaping is designed in accordance with SMC 21.06.020.C.5.e.
5. Driveways providing ingress and egress between off-street parking areas and abutting streets shall be designed, located and constructed in accordance with the provisions of the City of Sammamish public works standards as adopted by SMC 21.08.010. Driveways for single detached dwellings, no more than 20 feet in width, may cross required setbacks or landscaped areas in order to provide access between the off-street parking areas and the street, provided no more than 15 percent of the required landscaping or setback area is eliminated by the driveway. Joint use driveways may be located within required landscaping or setback areas. Driveways for all other developments may cross or be located within required setbacks or landscaped areas in order to provide access between the off-street parking areas and the street, provided no more than 10 percent of the required landscaping is displaced by the driveway and the driveway is located no closer than five feet from any property line except where intersecting the street.
6. Parking spaces required per this Chapter shall be located as follows:
a. For single detached dwelling units the required parking spaces shall be outside of any required setbacks or landscaping, provided driveways crossing setbacks and required landscaping may be used for parking. However, if the driveway is a joint use driveway, no vehicle parked on the driveway shall obstruct any joint user’s access to the driveway or parking spaces;
b. For all other developments parking spaces may be permitted by the director in setback areas pursuant to an approved landscape plan; and
c. For nonresidential uses in residential zones, parking is permitted in setback areas.
7. Lighting shall be provided for safety of traffic and pedestrian circulation on the site. It shall be designed to minimize direct lighting of abutting properties and adjacent streets and pursuant to the provisions of SMC 21.06.020.G. The director shall have the authority to waive the requirement to provide lighting.
8. Tandem or end-to-end parking is allowed in residential developments at a rate of one space for every 20 linear feet. Apartment and middle housing developments may have tandem parking areas for each dwelling unit but must not combine parking for separate dwelling units in tandem parking areas.
9. All vehicle parking and storage for residential dwellings may be provided unenclosed on an approved surface in subsection O of this section. A garage or carport is not required. Any impervious surface used for vehicle parking or storage must have direct and unobstructed driveway access.
10. The total number of vehicles parked or stored outside of a building on a single-family lot in the R-4 through R-8 zones, excluding recreational vehicles and trailers, shall not exceed six vehicles on lots 12,500 square feet or less and eight vehicles on lots greater than 12,500 square feet.
11. Vanpool/carpool parking areas shall meet the following minimum design standards:
a. A minimum vertical clearance of seven feet three inches shall be provided to accommodate van vehicles if designated vanpool/carpool parking spaces are located in a parking structure; and
b. A minimum turning radius of 26 feet four inches with a minimum turning diameter (curb to curb) of 52 feet five inches shall be provided from parking aisles to adjacent carpool/vanpool parking spaces.
12. Direct access from the street right-of-way to off-street parking areas shall be subject to the requirements of SMC 21.06.040.G.
13. No dead-end alley may provide access to more than eight off-street parking spaces.
14. Any parking stalls located in enclosed buildings must be totally within the enclosed building.
15. Parking lot design for nonresidential uses located in the R-1, R-4, R-6, and R-8 zoning designations shall be designed pursuant to the provisions of SMC 21.05.010.M.
16. Daycare I facilities shall provide sufficient area for the loading and unloading of passengers. This area shall:
a. Allow access to the entrance of the daycare I without crossing a street or travelway, and one of the following, in order of preference:
i. Be located off street, i.e., not within a public right-of-way or access easement; or
ii. Be located on street, outside of travel lanes, and adjacent to the daycare I; provided, that on-street loading and unloading of passengers is only allowed on local streets.
b. All off-street loading spaces shall be designed and constructed consistent with this chapter. All on-street loading spaces shall be designed consistent with the on-street parking space requirements of the adopted Public Works Standards.
O. Off-Street Parking Construction standards.
1. Off-street parking areas shall have dust-free, all-weather surfacing. Typical approved sections are illustrated below. Frequently used (at least five days a week) off-street parking areas shall conform to the standards shown in Figure A below or an approved equivalent. If the parking area is to be used more than 30 days per year but less than five days a week, then the standards to be used shall conform to the standards shown in Figure B below or an approved equivalent. An exception to these surfacing requirements may be made for gravel, grass block pavers, or permeable pavement, when constructed to the design specifications in the Surface Water Design Manual and low impact design standards in SMC 21.03.030. Any surface treatment other than these exceptions and those graphically illustrated below must be approved by the director.

2. Grading work for parking areas shall meet the requirements of SMC 16.15.050. Drainage and erosion/sedimentation control facilities shall be provided in accordance with Chapter 9.04 KCC as adopted by SMC 21.03.050.
3. Asphalt or concrete surfaced parking areas shall have parking spaces marked by surface paint lines or suitable substitute traffic marking material in accordance with the Washington State Department of Transportation standards. Wheel stops are required where a parked vehicle would encroach on adjacent property, pedestrian access or circulation areas, right-of-way or landscaped areas. Typically approved markings and wheel stop locations are illustrated below.

P. Electric vehicle charging spaces. For all parking lots or garages the following shall apply:
1. There is no minimum number of charging station spaces required.
2. If electric vehicle charging stations are provided, a minimum of one accessible electric vehicle charging station should be located adjacent to any required designated accessible parking space. The electric vehicle charging space does not have to be designated as an accessible parking space.
3. Electric vehicle charging stations may be reserved for parking and charging electric vehicles only. The property owner may set hours and conditions of use on the spaces and the charging stations.
4. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
5. When a sign provides notice that a space is a designated electric vehicle charging station, no person shall park or stand any nonelectric vehicle in a designated electric vehicle charging station space. Any nonelectric vehicle is subject to fine or removal.
6. Any electric vehicle parked in any designated electric vehicle charging station space parked beyond the days and hours designated on regulatory signs posted at or near the space shall be subject to a fine and/or removal. For purposes of this subsection, “charging” means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
7. The owner of the property may charge a fee for charging any electric vehicle.
Q. Compact car allowance requirements. In any development containing more than 20 parking spaces, up to 50 percent of the total number of spaces may be sized to accommodate compact cars, subject to the following:
1. Each space shall be clearly identified as a compact car space by painting the word “COMPACT” in capital letters, a minimum of eight inches high, on the pavement at the base of the parking space and centered between the striping;
2. Aisle widths shall conform to the standards set for standard size cars; and
3. Apartment developments with less than 20 parking spaces may designate up to 40 percent of the required parking spaces as compact spaces.
R. Internal circulation street standards. Internal access streets to off-street parking areas shall conform with the surfacing and design requirements for private commercial streets set forth in the City of Sammamish public works standards as adopted by SMC 21.08.010.
S. Off-Street Parking Relief With Parking Study. A parking study, subject to review by a qualified professional, is required for any off-street parking reduction. The criteria below must be met for on-street parking to count toward minimum off-street parking requirements:
1. Sufficient availability of legal on-street parking stalls within 600 feet of the subject project between the hours of 6:00 p.m. and 4:00 a.m. on two consecutive weekdays excluding Monday and Friday.
2. If off-street parking would otherwise result in noncompliance with tree retention standards in SMC 21.03.060. (Ord. O2024-578 § 2 (Att. A); Ord. O2021-540 § 2 (Att. A))
A. Purpose. The purpose of this chapter is to ensure that public facilities and services necessary to support development are adequate or will be provided in a timely manner consistent with the public facilities and services planning goal of the Washington State Growth Management Act of 1990 by:
1. Specifying the on-site and off-site facilities and services that must be in place or otherwise assured of timely provision prior to development;
2. Allocating the cost of those facilities and services fairly; and
3. Providing a general framework for relating development standards and other requirements of this code to:
a. Adopted service level standards for public facilities and services;
b. Procedural requirements for phasing development projects to ensure that services are provided as development occurs; and
c. The review of development permit applications.
B. General requirements.
1. All new development proposals including any use, activity, or structure allowed by Chapter 21.05 SMC that requires City approval shall be adequately served by the following facilities and services prior to the time of occupancy, recording, or other land use approval, as further specified in this chapter:
a. Sewage disposal;
b. Water supply;
c. Surface water management;
d. Streets and access;
e. Fire protection service; and
f. Schools.
2. All new development proposals and those that exceed 50% of the assessed value of improvements for building permits, plats, short plats, and lot line adjustments shall include a certificate of water availability and/or certificate of sewer availability to demonstrate compliance with this chapter and other provisions of the SMC, the City of Sammamish interim comprehensive plan, and the Growth Management Act. If water or sewer is not available from a water or sewer district the applicant shall provide verification from a water and sewer district along with information on when availability is expected in the future. Alternatives to public water and sewer service will be considered only if service from a water and sewer district is not available as defined in WAC 246-272A-0025.
3. Regardless of the number of sequential permits required, the provisions of this chapter shall be applied only once to any single development proposal. If changes and modifications result in impacts not considered when the proposal was first approved, the City shall consider the revised proposal as a new development proposal.
4. All plats, short plats, and binding site plans must be connected to public sewer and water.
5. On-site sewage systems are prohibited in geological hazard areas including landslide and erosion hazard areas.
6. Development of parcels in the Tamarack and Inglewood plats shall comply with all provisions of this section and ensure adequate facilities both during and following construction. All facilities shall be maintained to their built condition for the life of the project. Applicants must demonstrate to the satisfaction of the City that there is adequate vehicle and pedestrian access, adequate access for fire and life safety, connecting to sewer where feasible, when a septic system is required planning for the design early in the project, adequacy of construction access and staging, and the adequacy of stormwater facilities to minimize erosion during and following construction.
C. Adequate sewage disposal. All new development shall be served by an adequate public or private sewage disposal system, including both collection and treatment facilities as follows:
1. A public sewage disposal system is adequate for a development proposal provided that:
a. For the issuance of a building permit, preliminary plat or short plat approval, or other land use approval, the site of the proposed development is or can be served by an existing disposal system consistent with the adopted sewer system plans of the Plateau water and sewer district and the Northeast Sammamish water and sewer district, and the disposal system has been approved by the department as being consistent with applicable state and local design and operating guidelines;
b. For the issuance of a certificate of occupancy for a building or change of use permit, the approved public sewage disposal system as set forth in subsection 1.a. of this section is installed to serve each building or lot;
c. For recording a final plat, final short plat, or binding site plan, the approved public sewage disposal system set forth in subsection 1.a. of this section shall be installed to serve each lot respectively; or a bond or similar security shall be deposited with the City of Sammamish for the future installation of an adequate sewage disposal system. The bond may be assigned to a purveyor to assure the construction of such facilities within two years of recording;
d. For a zone reclassification, the timing of installation of required sewerage improvements shall be contained in the approving ordinance; and
2. A private individual sewage system is adequate, if an on-site sewage disposal system for each individual building or lot is installed to meet the requirements and standards of the King County department of public health as to lot size, soils, and system design prior to issuance of a certificate of occupancy for a building or change of use permit.
D. Adequate water supply. All new development shall be served by an adequate public or private water supply system as follows:
1. A public water system is adequate for a development proposal provided that:
a. For the issuance of a building permit, preliminary plat approval or other land use approval, the applicant must demonstrate that the existing water supply system available to serve the site:
i. Complies with the applicable planning, operating and design requirements of Chapter 246-290 WAC and other applicable provisions of the rules and regulations of the King County board of health, and any limitation or condition imposed by the adopted plan of the water purveyor; and
ii. The proposed improvements to an existing water system have been reviewed by the City engineer and determined to comply with the design standards and conditions specified in subsection 1.a.i. of this section; or
iii. A proposed new water supply system has been reviewed by the City engineer and determined to comply with the design standards and conditions specified in subsection 1.a.i. of this section;
b. Prior to issuance of a certificate of occupancy for a building or change of use permit, the approved public water system and any system improvements set forth in subsection 1.a. of this section shall be installed to serve each building or lot respectively;
c. For recording a final plat, final short plat or binding site plan, either the approved public water supply system or system improvements set forth in subsection 1.a. of this section shall be installed to serve each lot or a bond or similar security shall be deposited with the City of Sammamish and may be assigned to a purveyor to assure the construction of required water facilities in Group A systems as defined by board of health regulations, within two years of recording; and
d. For a zone reclassification, the timing of installation of required water system improvements shall be included in the approving ordinance.
2. An on-site, individual water system is adequate and the plat or short plat may receive preliminary and final approval, and a building or change of use permit may be issued if:
a. The water purveyor has indicated that service cannot be provided in compliance with the purveyor’s approved water system plan; and
b. The Seattle-King County department of public health has approved the proposed method of water supply in accordance with the applicable King County board of health rules and regulations and this section. The applicant shall provide appropriate information to demonstrate to the department and the Seattle-King County department of public health that a private individual water system will be adequate. The Seattle-King County department of public health may require installation of private individual water systems prior to final approval of a plat or short plat where information is insufficient to show an adequate water supply can be made available.
E. Surface water management. All new development shall be served by an adequate surface water management system that is properly maintained as follows:
1. The proposed system is adequate if the development proposal site is served by a surface water management system approved by the department as being consistent with the design, operating and procedural requirements of the King County surface water design manual and KCC Title 9 as adopted by SMC 21.03.050;
2. For a subdivision or zone reclassification, the phased installation of required surface water management improvements shall be stated in the approving ordinance. Such phasing may require that a bond or similar security be deposited with the City of Sammamish; and
3. A variance request from the requirements of the King County surface water design manual and KCC Title 9 as adopted by SMC 21.03.050 shall be reviewed as set forth in KCC 9.04.050 and does not require a variance from this Title unless relief is requested from a building height, setback, landscaping or other development standard set forth in SMC 21.04.030 through SMC 21.05.020.
4. All surface water management facilities shall be adequately maintained to the built condition and in accordance with all approved permits for the life of the development.
F. Adequate streets.
1. All new development shall be served by adequate streets. Streets are adequate if the development’s traffic impacts on surrounding public streets are acceptable under the level of service standards and the compliance procedures established in Chapter 21.08 SMC.
2. The renewal of permits or the issuance of a new permit for existing uses constitutes a new development proposal only if it will generate additional traffic above that currently generated by the use.
3. A variance request from the street cross-section or construction standards established by the City of Sammamish public works standards adopted by Chapter 21.08 SMC, and does not require a variance from this Title unless relief is requested from a building height, setback, landscaping or other development standard set forth in SMC 21.04.030 through SMC 21.05.020.
G. Adequate vehicular access. All new development shall be served by adequate vehicular access as follows:
1. The property upon which the development proposed is to be located has direct access to:
a. A public or private street that meets City street standards as set forth in the public works standards or is formally declared acceptable by the City engineer; or
b. The property has access to such a street over a private driveway approved by the City;
2. The proposed circulation system of a proposed subdivision, short subdivision or binding site plan shall intersect with existing and anticipated streets abutting the site at safe and convenient locations, as determined by the department and the City engineer; and
3. Every lot upon which one or more buildings is proposed to be erected or traffic generating use is proposed to be established shall establish safe access as follows:
a. Safe passage from the street right-of-way to building entrances for transit patrons and other pedestrians, in accordance with the design standards set forth in SMC 21.06.030;
b. Direct access from the street right-of-way, fire lane or a parking space to any part of the property as needed to provide public services in accordance with adopted standards (e.g., fire protection, emergency medical service, mail delivery or trash collection); and
c. Direct access from the street right-of-way, driveway, alley or other means of ingress/egress approved by the City to all required off-street parking spaces on the premises.
H. Adequate fire protection. All new development shall be served by adequate fire protection as set forth below:
1. The site of the development proposed is served by a water supply system that provides at least minimum fire flow and a road system or fire lane system that provides life safety/rescue access, and other fire protection requirements for buildings as required by SMC Title 16, Buildings and Construction;
2. For a zone reclassification, the timing of installation of required fire protection improvements shall be stated in the approving ordinance, secured with a bond or similar security, and deposited with the City of Sammamish; and
3. A variance request from the requirements established by Chapter 16.05 SMC, Building Codes and Fire Code, shall be reviewed as set forth in Article 2 of the currently adopted edition of the Uniform Fire Code and does not require a variance from this Title unless relief is requested from a building height, setback, landscaping or other development standard set forth in SMC 21.04.030 through SMC 21.05.020.
I. School concurrency—Applicability and relationship to fees.
1. The school concurrency standard set out in SMC 21.06.040.L shall apply to applications for preliminary plat approval, mobile home parks, requests for multifamily zoning, and building permits for multifamily housing projects that have not been previously evaluated for compliance with the concurrency standard.
2. The City’s finding of concurrency shall be made at the time of preliminary plat or UPD approval, at the time that a request to actualize potential multifamily zoning is approved, at the time a mobile home park site plan is approved, or prior to building permit issuance for multifamily housing projects that have not been previously established for compliance with the concurrency standard. Once such a finding has been made, the development shall be considered as vested for purposes of the concurrency determination.
3. Excluded from the application of the concurrency standard are:
ii. Any form of housing exclusively for senior citizens, including nursing homes and retirement centers;
iii. Shelters for temporary placement, relocation facilities and transitional housing facilities;
iv. Replacement, reconstruction or remodeling of existing dwelling units;
v. Short subdivisions that create four or fewer lots;
vi. Any residential building permit for any development proposal for which a concurrency determination has already been made pursuant to the terms of this Title.
4. All of the development activities that are excluded from the application of the concurrency standard are subject to school impact fees imposed pursuant to SMC 21.09.090, School Impact Fees.
5. The assessment and payment of impact fees are governed by and shall be subject to the provisions in SMC 21.09.090 addressing school impact fees.
6. A certification of concurrency for a school district shall not preclude the City from collecting impact fees for the district. Impact fees may be assessed and collected as long as the fees are used to fund capital and system improvements needed to serve the new development, and as long as the use of such fees is consistent with the requirements of Chapter 82.02 RCW and this chapter. Pursuant to Chapter 82.02 RCW, impact fees may also be used to recoup capital and system improvement costs previously incurred by a school district to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.
J. Findings, recommendations, and decisions regarding school capacities.
1. In making a threshold determination pursuant to SEPA, the director and/or the hearing examiner, in the course of reviewing proposals for residential development including applications for plats, mobile home parks, or multifamily zoning, and multifamily building permits, shall consider the school district’s capital facilities plan as adopted by the City council.
2. Documentation that the district is required to submit to the City of Sammamish shall be incorporated into the record in every case without requiring the district to offer such plans and data into the record. The school district is also authorized to present testimony and documents demonstrating a lack of concurrency in the district and the inability of the district to accommodate the students to be generated by a specific development.
3. Based upon a finding that the impacts generated by the plat, mobile home park or the multifamily development were generally not anticipated at the time of the last City council review and approval of a school district capital plan and were not included in the district’s long-range forecast, the director may require or recommend phasing or provision of the needed facilities and/or sites as appropriate to address the deficiency or deny or condition approval, consistent with the provisions of this chapter, the State Subdivision Act, and the State Environmental Policy Act.
4. Determinations of the hearing examiner or director regarding concurrency can be appealed only pursuant to the provisions for appeal of the development permit process for which the determination has been made. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. Any errors in the formula identified as a result of an appeal should be referred to the City council for possible modifications.
5. Where the council has not adopted an impact fee ordinance for a particular school district, the language of this section shall not affect the authority or duties of the hearing examiner or the director pursuant to the State Environmental Policy Act or the State Subdivision Act.
K. Annual council review. On at least an annual basis, the Sammamish City council shall review the reports prepared by the King County school technical review committee and confirm that the King County council has certified the plans of the Issaquah and Lake Washington School Districts.
L. School concurrency standard.
1. Schools shall be considered to have been provided concurrently with the development that will impact the schools if:
a. The permanent and interim improvements necessary to serve the development are planned to be in place at the time the impacts of development are expected to occur; or
b. The necessary financial commitments are in place to assure the completion of the needed improvements to meet the district’s standard of service within three years of the time that the impacts of development are expected to occur. Necessary improvements are those facilities identified by the district in its capital facilities plan as reviewed and adopted by the City of Sammamish.
2. Any combination of the following shall constitute the “necessary financial commitments” for the purposes of subsection 1. of this section:
a. The district has received voter approval of and/or has bonding authority;
b. The district has received approval for federal, state, or other funds;
c. The district has received a secured commitment from a developer that the developer will construct the needed permanent school facility, and the school district has found such facility to be acceptable and consistent with its capital facilities plan; and/or
d. The district has other assured funding, including but not limited to, school impact fees that have been paid.
3. Compliance with this concurrency requirement of this section shall be sufficient to satisfy the provisions of RCW 58.17.060 and 58.17.110.
M. Credit for improvements. Whenever a development is granted approval subject to a condition that the development proponent actually provide a school facility acceptable to the district, the development proponent shall be entitled to a credit for the actual cost of providing the facility, against the fee that would be chargeable under the formula provided by SMC 21.09.090. The cost of construction shall be estimated at the time of approval, but must be documented and the documentation confirmed after the construction is completed to assure that an accurate credit amount is provided. If construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee. (Ord. O2021-540 § 2 (Att. A))
A. Purpose.
The purpose of this chapter is to enhance and protect the economic vitality and visual environment of the City, allow for the expression of free speech, and promote general safety and welfare by:
1. Regulating the type, number, location, size, and illumination of signs; and
2. Recognizing the purpose of signs for identification and economic well-being of businesses in Sammamish; and
3. Ensuring a safe driving environment; and
4. Recognizing and protecting the use of the public right-of-way as a forum for noncommercial speech; and
5. Facilitating fair and consistent content-neutral enforcement; and
6. Safeguarding and enhancing property values, attracting new residents, and encouraging orderly development; and
7. Allowing for limited temporary commercial signage in the public right-of-way, to provide a flow of commercial information to consumers to enable them to make vital decisions of purchasing a home, and to further the critical public goal of providing for equal access to housing; and
8. Upholding the goals and policies of the Comprehensive Plan.
B. Permit Requirements.
1. Except as otherwise provided in this chapter, no sign shall be erected, altered, or relocated within the City without a permit issued by the City.
2. No permit shall be required for repainting, cleaning, or other normal maintenance and repair of a permitted sign, or for sign face and copy changes that do not alter the size or structure of the sign.
C. Exempt signs. The following signs or displays are exempted from the permitting requirements of this chapter, but shall conform to the other requirements set out in this chapter:
1. Historic plaques, gravestones, and address numbers;
2. Official or legal notices issued and posted by any public agency or court;
3. Traffic control signs established by the Manual on Uniform Traffic Control Devices (MUTCD) or authorized by City of Sammamish department of public works;
4. Plaques, tablets, or inscriptions which are an integral part of the building structure or are attached flat to the face of the building, which are nonilluminated, and which do not exceed four square feet in surface area;
5. Incidental signs, which shall not exceed two square feet in surface area; provided, that said size limitation shall not apply to signs when established and maintained by a public agency;
6. Government flags; and
7. Nonverbal religious symbols attached to a place of worship.
D. Prohibited signs.
1. Portable signs including, but not limited to, sandwich/A-frame signs and mobile readerboard signs, and excluding signs permitted under SMC 21.06.050.G;
2. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination, may be confused with traffic control signs or signals;
3. Signs located in the public right-of-way, except where permitted in this chapter; provided, that in no case shall temporary signs permitted under SMC 21.06.050.G be located within travel lanes or sidewalks, or be attached to traffic control signs, utility or signal poles;
4. Posters, pennants, strings of lights, blinking lights, balloons, searchlights, and other displays of a carnival nature; except as architectural features, or on a limited basis as seasonal decorations or as provided for in SMC 21.06.050.G as temporary commercial displays; and
5. Billboards.
E. Sign area calculation.
1. Sign area for pole signs shall be calculated by determining the total surface area of the sign as viewed from any single vantage point, excluding support structures.
2. Sign area for letters or symbols painted or mounted directly on walls or monument signs or on the sloping portion of a roof shall be calculated by measuring the smallest single rectangle that will enclose the combined letters and symbols.
3. Sign area for signs contained entirely within a cabinet and mounted on a wall, roof, or monument shall be calculated by measuring the front surface area of the cabinet.
4. Sign area for temporary signs shall include all portions of the sign attached to the primary supporting structure of the sign, including material additions to the sign.
F. Permanent signs.
1. Table of Permitted Signs. The table below outlines the regulations for permanent signs in the City of Sammamish. All permanent signs must be approved through the permitting process. Unless otherwise stated herein, all permanent signs must be on site. No permanent sign may be placed in the City’s right-of-way.
Sign Criteria | Residential Zone | |||
|---|---|---|---|---|
Quantity (3) | X (4) | One per street frontage (5) (18) | One per street frontage (18) | |
Maximum sign area | N/A | 85 square feet, + 20 square feet for each additional business in a multiple tenant structure up to 145 square feet | 50 square feet | |
Combined Sign Area Limit for Lots with Multiple Freestanding Signs (6) | N/A | 250 square feet | 150 square feet | 80 square feet |
Maximum height | N/A | 20 feet | 15 feet | |
Quantity | One | N/A | ||
Maximum sign area | 6 square feet | N/A | ||
Quantity | Two one-sided signs or one two-sided sign per major entrance (18) | Two one-sided signs or one two-sided sign per major entrance (8) | ||
Maximum sign area | 32 square feet per sign | |||
Maximum sign height | 8 feet per sign | |||
Projecting or Awning Signs Mounted on the Sloping Portion of Roof | ||||
Quantity (11) | X | One allowed in lieu of wall sign | ||
Maximum sign area | N/A | No greater than 15 percent of building facade | No greater than 10 percent of building facade | |
Minimum clearance above finished grade (12) | N/A | 8 feet | ||
Maximum projection, perpendicular from supporting building facade | N/A | 6 feet | ||
Signs on Property with Public Agency Facilities | ||||
Quantity | Two per facility | X | ||
Maximum sign area | 30 square feet | N/A | ||
Maximum height | 6 feet | N/A | ||
Sign on Residentially Zoned Property with Nonresidential Use | ||||
Quantity | One | X | ||
Maximum sign area | 25 square feet | N/A | ||
Maximum height | 6 feet | N/A | ||
N/A (16) | 15 percent of building facade | 10 percent of building facade | 10 percent of building facade (17) | |
Development Conditions:
(1)Directional signs for surface parking areas or parking structures located in the R, CB, NB, and O zones shall not be included in the sign area or number limitations stated in this table; provided, that they shall not exceed six square feet in surface area and are limited to one for each entrance or exit.
(2)Fuel price signs shall not be included in sign area or number limitations referenced in this table, provided such signs do not exceed 20 square feet per street frontage.
(3)Corner lots with a street frontage of less than 100 feet on each street shall be permitted only one freestanding sign.
(4)Freestanding signs are allowed in residential zones as home business signs, permanent residential development identification signs, signs on property with public agency facilities, and signs on residentially zoned property with nonresidential use.
(5)Multiple tenant developments in the CB and NB zones that have more than 300 feet of street frontage on one street may have one additional freestanding sign for each 300 feet of street frontage, or portion thereof. Such signs shall be separated from one another by a minimum of 150 feet, if located on the same street frontage.
(6)On lots where more than one freestanding sign is permitted, the sign area permitted for individual freestanding signs may be combined.
(7)Home business signs may be wall signs, monument signs, or A-frame signs.
(8)Permanent residential identification signs are only allowed in the NB, CB, and O zones as part of a mixed-use development.
(9)Applicable only to monument signs.
(10)Any sign attached to the sloping surface of a roof shall be installed or erected in such a manner that there are no visible support structures, shall appear to be part of the building itself, and shall not extend above the roof ridge line of the portion of the roof upon which the sign is attached.
(11)Maximum height for awning signs shall not extend above the height of the awning upon which the awning sign is located.
(12)Maximum height for projecting signs shall not extend above the highest exterior wall upon which the projecting sign is located.
(13)See SMC 21.04.040.B for a list of permitted public agencies.
(14)Nonresidential uses of residential property as outlined in Chapter 21.05 SMC.
(15)Maximum height for wall signs and changing message center signs shall not extend above the highest exterior wall or structure upon which the sign is located.
(16)Wall signs are allowed in residential zones to identify public agency facilities, home businesses, and other nonresidential uses, subject to the regulations listed in this table.
(17)Only on building facades with street frontage.
(18)Permanent residential development identification signs in residential zones may only be monument signs.
2. Illumination of Permanent Signs. The table below outlines the regulations for illumination of permanent signs in the City of Sammamish. Temporary signs, governed by SMC 21.06.050.G, shall not be illuminated. All permanent signs, including the requested illumination, must be approved through the permitting process. All electrical components for signs shall be governed by Chapter 19.28 RCW and WAC 296-46-910.
KEY:
P Permitted, pursuant to permit issued by City
X Prohibited
Development Conditions:
(1)The light source for indirectly illuminated signs shall be no farther away from the sign than the height of the sign.
(2)Indirectly illuminated signs shall be arranged so that no direct rays of light are projected from such artificial source into residences or any street right-of-way.
G. Temporary signs. The following temporary signs or displays are permitted and, except as required by the International Building Code; Chapter 16.20 SMC, Construction Administrative Code; or as otherwise required in this chapter, do not require a sign permit, subject to the requirements set out in this chapter. All temporary signs shall not obstruct sight distances and shall follow the regulations prescribed by SMC 21.08.010, Public Works Standards Adopted, and by SMC 21.04.030.W, Sight distance requirements. No temporary signs shall be located within center medians or within roundabouts and the amenity zone along the outside turning edge of a roundabout, traffic circles, or islands. Temporary signs shall not be illuminated.
1. Noncommercial Temporary Signs. No sign permit is required to post a noncommercial temporary sign in the public right-of-way or on private property if it meets the requirements in this section and in the following table. Noncommercial temporary signs not conforming to the regulations of this section may be approved through a right-of-way permit.
a. On roads that only have a shoulder and do not have a sidewalk, noncommercial temporary signs must be placed beyond the edge of the asphalt, and may not be placed so that any part of the sign extends over the asphalt.
b. Noncommercial temporary signs shall not be placed in a manner that negatively affects the health of trees, shrubs, or other landscaping.
KEY:
P Permitted, pursuant to permit issued by City
X Prohibited
Sign Criteria | Noncommercial Temporary Sign Type I – Placed in Public Right-of-Way (Non-A-Frame) | Noncommercial Temporary Sign Type II – Placed in Public Right-of-Way (A-Frame) | Noncommercial Temporary Sign Type III – Private Property (All Sign Types) 1. |
|---|---|---|---|
Size Limit | 4 square feet | 6 square feet | 32 square feet |
Height Limit | 3 feet above grade | 3.5 feet | 8 feet |
Duration | 180 consecutive days per calendar year | 5 consecutive days | 180 consecutive days per calendar year |
Development Conditions:
(1)Placement of off-premises noncommercial temporary signs on private property is subject to the landowner’s authorization.
2. Temporary Commercial Displays. Signs, posters, pennants, strings of lights, blinking lights, balloons, and searchlights are permitted for a period of up to 30 consecutive days once each calendar year at businesses located in Sammamish in the CB, NB, or O zone. Temporary commercial displays shall meet the placement and dimensional standards for the sign type utilized.
3. Signs Located on Property with Active Construction.
a. One nonilluminated, double-faced sign is permitted for each public street upon which the project fronts;
b. No sign shall exceed 32 square feet in surface area or 10 feet in height, or be located closer than 30 feet from the property line of the adjoining property; and
c. Signs must be removed by the date of first occupancy of the premises or one year after placement of the sign, whichever occurs first.
4. Signs Associated with Properties for Sale or Rent.
Signs for Properties for Sale or Rent | |
|---|---|
Sign Criteria | Limitation |
Signs Located on Property with Individual Unit for Sale or Rent | |
Sign Quantity | One per public or private street frontage |
Permitted Location | Public or private street frontage |
Permitted Duration | Signs shall be removed within five days after closing of the sale, lease or rental of the property |
Maximum Sign Area | 8 square feet |
Maximum Height | 6 feet |
Signs Located Off-Site of Property with Individual Unit for Sale or Rent 1. | |
Sign Quantity | One 2. |
Permitted Location | Public right-of-way adjacent to the intersection of the primary vehicle entrance to the property and closest public street |
Permitted Duration | Signs shall be removed within five days after closing of the sale, lease or rental of the property |
Maximum Sign Area | 6 square feet |
Portable Off-Premises Residential Directional Signs for Active Open Houses for Sale or Rent 3. | |
Sign Quantity | 4 per open house |
Maximum Sign Area | 6 square feet |
Maximum Height | 42 inches |
Signs on Property with Commercial or Industrial Property for Sale or Rent | |
Sign Quantity | One |
Permitted Location | Public or private street frontage |
Maximum Sign Area | 32 square feet |
Maximum Height | 12 feet |
Signs on Newly Constructed Residential Developments for Sale | |
Sign Quantity | One |
Permitted Location | Public or private street frontage |
Maximum Sign Area | 32 square feet |
Maximum Height | 12 feet |
Directional Signs Located Off-Site of Newly Constructed Residential Developments for Sale | |
Sign Quantity | Two |
Permitted Location | Private property (with permission); public right-of-way |
Maximum Sign Area | 16 square feet |
Maximum Height | 6 feet |
Development Conditions:
(1)Only allowed for properties with a unit for sale or rent that is not located adjacent to a public street.
a.When more than three off-site real estate signs are proposed for a location, the fourth proposed sign owner shall install and make available to other licensed real estate agents a frame, designed to allow for a minimum of six signs to be hung in a stacked fashion, to accommodate multiple signs; frames installed to hold multiple real estate signs shall not exceed a height of six feet. Off-site signs located on a frame shall individually not exceed a height of one and one-half feet, a width of two feet, and an area of three square feet.
b.Such signs shall be permitted only when the agent or seller is in attendance at the property for sale or rent.
H. Legal nonconforming signs.
1. Any sign located within the City limits on the date of adoption of the ordinance codified in this Title, or located in an area annexed to the City thereafter, which does not conform with the provisions of this code, shall be considered a legal nonconforming sign and is permitted, provided it also meets the following requirements:
a. The sign was covered by a permit on the date of adoption of the ordinance codified in this Title if one was required under applicable law; or
b. If no permit was required under applicable law for the sign in question, the sign was in all respects compliant with applicable law on the date of adoption of the ordinance codified in this Title.
2. Loss of Legal Nonconforming Status. Nonconforming signs shall not be altered in size, shape, height, location, or structural components without being brought to compliance with the requirements of this code. Repair and maintenance are allowable, but may require a permit if structural components require repair or replacement.
I. Variance.
1. A sign variance is categorized as a Type 1 land use application and shall be subject to the requirements of SMC 21.09.100.C. Variances from the terms of this chapter may be granted by director of community development upon proper application. Variances may be granted when, because of unique circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict interpretation of the regulations of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.
2. The variance shall not constitute a grant of special privilege inconsistent with a limitation upon uses of other properties in the vicinity and zone in which such property is situated.
J. Enforcement.
1. Compliance with Other Applicable Codes. All signs erected or altered under this chapter must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Building Code as adopted in SMC 16.05.070 by the City. If any provision of this code is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the City, the provision which establishes the higher standard shall prevail.
2. Sign Maintenance. All permanent and temporary signs must be kept in good repair and in a safe manner at all times. The sign owner must repair damaged or deteriorated signs within 30 days of notification by the City. The area surrounding freestanding signs must be kept free of litter and debris at all times.
3. Inspection. Code enforcement officers are authorized to inspect any sign covered by this chapter for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this code. Such inspections shall be carried out during business hours, unless an emergency exists.
4. Abatement. In addition to the abatement authority provided by proceedings under SMC 21.09.110.C, the City or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this chapter under the following circumstances:
a. When a sign is determined by the City engineer or director of community development to present an immediate threat to the safety, health, and welfare of the public;
b. When a sign is illegally placed pursuant to SMC 21.06.050.G, within the public right-of-way, within a landscape median, landscape island, traffic circle, attached to a utility pole or city traffic sign, upon public sidewalks or roadway, or on any public building or structure when such facilities are located on public property or within public right-of-way;
c. When a sign is determined by the City to be abandoned; provided, that the City must first provide 14 days’ notice to the underlying property owner or business owner that the sign is deemed abandoned.
5. Disposal of Signs. When a sign has been removed by the City as authorized by this section, the City shall take the following actions:
a. The City shall hold a sign for at least seven days. After seven days the City may dispose of the sign without prior notice to the sign owner. The City shall not be responsible for damage or loss during removal or storage of any signs in violation of this code. Sign owners wishing to reacquire possession of removed signs prior to their disposal shall pay an impoundment fee pursuant to SMC 23.100.010.
b. For signs with a fair market value exceeding $500.00, the City shall provide notice by mail to the following:
i. Sign Owner. If the mailing address can be determined by the City after reasonable efforts in investigation. “Reasonable efforts” shall include investigation efforts that take no longer than one-half hour of staff time.
ii. Underlying Property Owner. If the address of the sign owner cannot be reasonably ascertained, the City shall mail the notice to the underlying real property owner, as identified in the records of the King County assessor’s office. (Ord. O2021-540 § 2 (Att. A))
A. Purpose. The purpose of this chapter is to allow the deployment of wireless communication facilities (WCF) and provide WCF service to Sammamish residents while not compromising public health, safety, welfare, and the visual and aesthetic beauty of Sammamish. This code is designed to serve as a local regulatory tool assisting service providers, citizens, and City staff in navigating the federally preemptive regulatory field of wireless service. This shall be done by:
1. Interpreting the code to protect the visual and natural environmental beauty of the City of Sammamish; and
2. Facilitating fair and consistent design, siting, and deployment by providing a clear and predictable permit process for network providers and the community; and
3. Utilizing design and concealment concepts consistent with and complementary of colors and textures found in the natural and built environment; and
4. Protecting the use and purpose of the public right-of-way to ensure a safe driving and pedestrian environment; and
5. Providing an administrative review process to ensure that WCFs are evaluated in a fair and timely manner in accordance with other City goals and policies; and
6. Upholding the goals and policies of the Comprehensive Plan; and
7. Establishing clear regulations for the siting, design, maintenance, and operation of WCF consistent with state and federal regulations; and
8. Accommodating the growing need and demand for wireless services; and
9. Meeting the requirements of Federal Communications Commission (FCC) rules.
B. Goals. The goals of this chapter are to:
1. Minimize visual, safety, aesthetic, and environmental impacts of WCFs on the community by establishing standards for location, structural integrity, and compatibility; and
2. Encourage the location and collocation of wireless communication antennas on existing nonmunicipal structures; and
3. Ensure that wireless facility antennas and supporting equipment are proportionate in scale and design, as technically feasible, to other elements of the built environment; and
4. Ensure that equipment does not become a barrier or impediment to pedestrians, drivers, and cyclists; and
5. Provide an opportunity for residents and interested parties to provide comment on the proposed location and design of new towers and poles, when appropriate; and
6. Minimize the impact to public purpose of the public rights-of-way. Wireless facility use by network providers or their subcontractors is not an exclusive or priority use within the public right-of-way; and
7. Ensure regulations are fair and accommodate the maximum number of users.
C. Applicability. No person shall place, construct, reconstruct, or modify a WCF within the City without the necessary permit(s), except as provided by this chapter. The director or designee shall have authority to approve, condition, or deny a WCF as prescribed in the Sammamish Municipal Code.
D. Conflict. When any provision of any other chapter of the Sammamish Municipal Code conflicts with this chapter, the director shall apply this chapter.
E. Fees. Fees for review pursuant to this chapter shall be established by the City and, if applicable, shall be consistent with the safe harbor provisions established by the FCC (as may be amended from time to time). Any additional time or cost shall be billed on a per-hour rate as established by adopted City of Sammamish fee schedule to cover staff time or required professional services to assist in review of an application.
F. Definitions. For the purpose of this chapter, the following terms are defined as follows:
1. Affidavit. A written statement of facts that is sworn to and signed by a deponent before a notary public or some other authority having the power to witness an oath.
2. Amateur radio (ham) tower. A tower with antenna(s) which transmit and receive noncommercial communication signals and is defined as an amateur radio tower by the FCC. Guy wires for amateur radio antenna(s) are considered part of the structure for the purposes of meeting development standards.
3. Antenna(s). An apparatus designed for the purpose of emitting radio frequency (RF) to be operated or operating from a fixed location pursuant to FCC authorization for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.
4. Antenna equipment. Base equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
5. Antenna facility. An antenna and associated antenna equipment.
6. Base station. A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.
a. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks).
c. The term includes any structure other than a tower that, at the time the relevant application is filed with the City under this section, supports or houses equipment described in subsections 6.a. and b. of this section that has been reviewed and approved under the applicable zoning or siting process, or under either state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
d. The term does not include any structure that, at the time the relevant application is filed with the City under this chapter, does not support or house equipment described in subsections 6.a. and b. of this section.
7. Collocation.
a. Mounting or installing an antenna facility on a preexisting structure whether or not there is an existing antenna on the structure; and/or
b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
Provided, that, for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
8. Director. Community development director or designee.
9. Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station (as provided in 47 CFR § 1.6100), involving:
a. Collocation of new transmission equipment; or
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
10. Equipment enclosure(s). The specific enclosure used to house transmission equipment other than antennas, usually located within and including cabinets, shelters, pedestals, or other similar enclosures used to contain electronic equipment for said purpose. This may include: cabinets attached underground, adjacent to, or on a pole. The term does not include relatively small electronic components that have protective housing, such as remote radio units, radio transceivers, amplifiers, or transceivers mounted behind antennas.
11. FCC. The Federal Communications Commission.
12. Franchise agreement. A contract between the City and a network provider who needs or desires use of the public rights-of-way (ROW) to deliver its wireless services or to locate WCFs.
13. Macro cell facility. A large wireless communication facility that does not meet the definition of a small wireless facility. Generally, macro cell facility antennas are mounted on ground-based towers, rooftops and other support structures. Macro cell facilities typically cover larger geographic areas with relatively high capacity and are capable of hosting multiple wireless service providers.
14. Network provider.
a. A wireless service provider; or
b. A person or business that does not provide wireless services but builds, installs, or maintains facilities on behalf of a wireless service provider.
15. Personal wireless services. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
16. Pole(s). Utility poles, light poles or other types of poles, used primarily to support electrical wires, telephone wires, television cable, lighting, or guide posts; or are constructed for the sole or primary purpose of supporting a WCF.
17. Public works standards. The Sammamish 2016 Public Works Standards, as they exist now or are hereafter amended.
18. Replacement pole. Replacement of an existing pole with a pole that does not exceed 10 feet above the height of the existing pole or the minimum additional height necessary for adequate clearance from electric wires, whichever is greater. Any pole exceeding these size limitations shall be considered a new installment for purposes of this chapter, regardless of whether it will physically replace an existing pole. Provided that additional height may be allowed for a replacement pole when necessary to facilitate relocation of a bird nest feature or a nest structure in accordance with SMC 21.06.060.H.1 or SMC 21.06.060.L.1.a.
19. Radio frequency (RF). The number of times the current from a given source of non-ionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a maximum positive level in one second; measured in cycles per second or hertz.
20. Satellite dish antenna(s). A type of antenna(s) and supporting structure consisting of a solid, open mesh, or bar configured reflective surface used to receive and/or transmit radio frequency communication signals. Such an apparatus is typically in the shape of a shallow dish or cone.
21. Satellite dish, large. Any satellite dish antenna(s) whose diameter is greater than four feet (see “satellite dish antenna(s)”).
22. Satellite dish, small. Any satellite dish antenna(s) that has a diameter less than or equal to four feet.
23. Small wireless facility. A facility that meets the following conditions:
a. Is mounted on support structures 50 feet or less, including antenna; or
b. Is mounted on support structures no more than 10 percent taller than adjacent poles or support structures; or
c. Does not extend existing support structures on which the facility is located to a height of more than 50 feet or more than 10 percent, whichever is greater; and
d. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of “antenna” in 47 CFR § 1.1320d.), is no more than three cubic feet in volume; and
e. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and
f. The facilities do not require antenna structure registration under 47 CFR Part 17; and
g. The facilities are not located on tribal lands, as defined under 36 CFR § 800.16(x); and
h. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307b.
24. Structure height. A pole/tower shall be measured from the average existing grade of land prior to any cuts and fills or other disturbances associated with the proposed project to the highest point of the structure.
25. Structure mounted facility. Wireless communication facility, including any mounting apparatus that is mounted on the roof or facade or other element of the structure or building. The term does not encompass a tower or any equipment serving with a tower or a utility pole, light pole, traffic signal pole, or miscellaneous pole.
26. Support structure. A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used to support antennas and associated antenna equipment for the provision of personal wireless service (whether on its own or commingled with other types of services).
27. Technically feasible. Capable of being accomplished based on existing technology compatible with an applicant’s existing network.
28. Temporary wireless communication facility. Facilities that are composed of antennas and a mast mounted on a truck (also known as a cell on wheels, or “COW”), antennas mounted on sleds or rooftops, or ballast mount temporary poles. These facilities are for a limited period of time, are not deployed in a permanent manner, and do not have a permanent foundation. These facilities are for:
a. The reconstruction of a permanent WCF and limited to a duration of 12 months from the date of approval unless an extension is requested at least 30 days prior to the expiration date; or
b. Large-scale community events limited to the duration of the event, plus 10 days prior to the event and 10 days after; or
c. Emergency communications equipment to be used in anticipation of and during a declared public emergency or emergency exercise as declared by the City of Sammamish emergency manager.
29. Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to: private, broadcast, and public safety services, as well as unlicensed wireless services such as microwave backhaul, and the associated site.
30. Transmission equipment. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to: radio transceivers, antennas, coaxial or fiber-optic cable, and regular and back-up power supply. The term includes equipment associated with wireless communications services including, but not limited to; private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
31. Wireless communication facility (WCF). Any unstaffed facility for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy usually consisting of an equipment shelter or cabinet, a support tower or other structures used to achieve the necessary elevation, and the transmission and reception devices or antenna.
32. Wireless pole. A new pole that is installed for the sole purpose of providing a mounting for a WCF.
33. Wireless service provider (WSP). A company that offers services to users of wireless devices (i.e., handheld computers and telephones) through radio frequency (RF) signals rather than through end-to-end wire communication.
G. WCF uses. The land use tables in this chapter determine whether a specific WCF use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal row of these tables. In the case where a proposed WCF does not fall into one of the WCF types listed in Table A, an application for a conditional use permit shall be required pursuant to SMC 21.06.060.K.2.b or 21.06.060.L.2.b.
KEY: P Permitted Use C Conditional Use X Prohibited Use
Residential Land Uses | ||||||||
|---|---|---|---|---|---|---|---|---|
WCF Land Use | R-1 to R-8 | R-12 to R-18 | NB | CB | O | TCA-E | Public Rights-of-Way | |
P | P | P | P | P | P | X | X | |
P | P | P | P | P | P | P | P | |
Macro cell facility, building mounted | C3. | C | P | P | P | P | N/A | N/A |
Macro cell facility, collocated with existing WCF | P | P | P | P | P | P | P | P |
Macro cell facility, collocated on existing support structure | C3. | C | P | P | P | P | P | P4. |
Macro cell facility, new support structure | C3. | C | C | C | C | C | C | C |
P | P | P | P | P | P | P | P | |
Macro cell facility, not otherwise listed5. | C | C | C | C | C | C | C | C |
P | P | P | P | P | P | X | X | |
P | P | P | P | P | P | X | X | |
Small wireless facility, building mounted | P | P | P | P | P | P | N/A | N/A |
Small wireless facility, collocated with existing WCF1. | P | P | P | P | P | P | P | P |
Small wireless facility, collocated on existing support structure | P | P | P | P | P | P | P | P |
Small wireless facility, new support structure | C | C | P | P | P | P | P | P |
Small wireless facility, not otherwise listed | C | C | C | C | C | C | C | C |
Small wireless facility, SEPA nonexempt | C | C | C | C | C | C | C | C |
VHF and UHF receive-only television antenna(s) | P | P | P | P | P | P | X | X |
WCF, temporary6. | P | P | P | P | P | P | P | P |
Wireless communication facility (WCF), not otherwise listed | C | C | C | C | C | C | C | C |
Development Conditions:
(1)Facilities shown as permitted within this table are subject to the permitting requirements contained in this chapter. Such facilities may be exempt from receiving a wireless use permit, may be required to obtain an expedited wireless use permit, or may be required to obtain a standard wireless use permit pursuant to this chapter. Further, facilities shown as permitted within this table may require building permits, shoreline permits, or other permits as the Sammamish Municipal Code may require.
(2)A franchise agreement and right-of-way use permit shall be required for WCFs siting in the public rights-of-way instead of a land use permit.
(3)Macro cell facilities in zones R-1 through R-8 may only be permitted on parcels with permitted, nonresidential land uses (such as churches or schools).
(4)Exclusive of right-of-way adjacent to R-1 through R-18 zones, for which a conditional use permit shall be required in accordance with SMC 21.06.060.L.2.b.
(5)Subject to the criteria contained in SMC 21.06.060.L.
(6)Temporary WCFs operating in excess of 30 days must obtain the appropriate wireless use permit.
H. Permit – Exemptions. Certain wireless communication facilities are exempt from land use review; however, the provisions of this section do not preclude applicable requirements for building, electrical, or right-of-way permits.
1. Eligible Facilities Requests. An eligible facility request, meeting the definition of an “eligible facilities request” pursuant to Section 6409a. of the Middle-Class Tax Relief and Job Creation Act of 2012 and 47 CFR § 1.6100 (or as hereafter amended or recodified), shall not be required to obtain a land use permit and shall be allowed upon the issuance of the applicable permit(s) prior to deployment, installation, or construction. An application for an eligible facilities request exemption letter shall provide information as required by the director necessary to establish that the proposal qualifies as an eligible facilities request and if a proposal would substantially change the physical dimensions of a tower or base station, as defined in 47 CFR § 1.6100, or otherwise does not qualify as an eligible facilities request, the director shall deny a request for an exemption letter and the applicant shall apply for such other WCF permit as required pursuant to this chapter. Eligible facilities requests to add height to an existing structure where a bird nesting habitat feature/structure has been established at the top of the existing structure shall be allowed additional height beyond the limitations of an eligible facilities request to facilitate the relocation of the nest feature/structure and when the additional height is not for antennae extension and is the minimum necessary designed in consultation with a qualified habitat biologist.
2. VHF and UHF Receive-Only Television Antenna(s). VHF and UHF receive-only antenna(s) shall not be required to obtain a land use permit. VHF/UHF antenna(s) that are permitted outright shall be restricted to a height limit of no more than 10 feet above the existing or proposed roof.
3. Small Satellite Dish Antenna(s). Small dish antenna(s) in all zones shall not be required to obtain a land use permit in accordance with the Federal Telecommunications Act. Installation must comply with any applicable provisions of the City building code.
4. Temporary WCF for emergency communications equipment in anticipation of and during a declared public emergency or emergency exercise, and any other temporary WCF not operating for a duration of more than 30 days. Temporary WCF operating more than 30 days must obtain the appropriate wireless use permit.
5. Amateur Radio Facilities. Amateur radio (ham) towers are exempt from land use permits under this chapter and shall be permitted by right in all zones, pursuant to the FCC order entitled Amateur Radio Preemption, 101 FCC 2nd 952 (1985). Any height restrictions applicable to amateur radio (ham) towers may be waived by the director upon a showing by the applicant that the proposed amateur radio (ham) tower is the minimum necessary for the facility to function as proposed.
I. Wireless use permits - Types and timelines.
1. Unless exempt, no WCF shall hereafter be erected, re-erected, constructed, or altered unless the appropriate wireless use permit for the same has been issued by the City pursuant to this chapter. Further, some proposed WCF may also require other permitting, such as: shoreline permit, building permit, electrical permit, and/or right-of-way use permit (as applicable).
2. Types of Permits. Unless otherwise specified in this chapter, all permits shall comply with procedures of SMC 21.09.010.B.
a. Exempt Facilities. As indicated within SMC 21.06.060.H, exempt facilities shall not require a land use permit pursuant to this chapter. The WCF shall comply with all other applicable standards contained within this chapter.
b. Expedited Wireless Use Permits. Where indicated by this chapter, an expedited wireless use permit shall be required. An expedited wireless use permit is a Type 1 permit pursuant to SMC 21.09.010.B. Expedited wireless use permits implicate lower levels of review time due to proposals’ strict adherence with the provisions of this chapter and the lack of the need for discretionary review by the director.
c. Standard Wireless Use Permits. Where indicated by this chapter, a standard wireless use permit shall be required. A standard wireless use permit is a Type 1 permit pursuant to SMC 21.09.010.B. Standard wireless use permits are those anticipated to require average review time and/or some elements of discretionary review by the director.
d. Conditional Use Permits. Conditional use permits are required where indicated in SMC 21.03.060.G, Table A or where otherwise provided by this chapter. See SMC 21.09.100.D for decision criteria for conditional use permits. A conditional use permit is a Type 2 permit pursuant to SMC 21.09.010.B.
3. Separate permits shall be required for each individual WCF installation; however, such separate permit applications may be submitted simultaneously (in batches). A network provider may elect to apply for a land use permit and a building/electrical permit as a consolidated application. The network provider acknowledges the building permit submittal is an at-risk permit and is dependent upon receiving and approving the land use permit.
4. Franchise agreements are required for all WCF and/or equipment in the right-of-way.
5. A Type C right-of-way utility permit is required for WCFs located in the public rights-of-way in accordance with SMC 21.08.060.F instead of the land use permits described in subsection 2. of this section. The City engineer or designee may process ROW permit applications for WCF permits concurrently with an application for a franchise agreement, but any such ROW permit will be conditioned on approval of the franchise agreement by the City council prior to construction or deployment of the WCF.
6. If a network provider desires to make a modification to an existing permitted WCF, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole mounted or ground mounted equipment, or modifying concealment elements, prior to deployment or construction of the modification the network provider shall apply for a permit under this chapter, unless the modification qualifies as an eligible facilities request, in which case, it is exempt from land use review pursuant to SMC 21.06.060.H and only building, electrical and/or right-of-way permits may be required, if applicable.
7. All applications shall be submitted using the City’s published submittal requirements. The submittal requirements are available on the City’s webpage; or from the City’s Permit Center.
8. All WCF authorizations and permits are subject to the federal review timelines (“shot clocks”) as described in 47 CFR § 1.6001 et seq. (or as hereafter amended).
J. Application notice requirements.
1. Applications for Expedited Wireless Use Permits or Standard Wireless Use Permits for Small Wireless Facilities. Applications for expedited wireless use permits or standard wireless use permits for small wireless facilities do not require application notification to surrounding property owners. However, the applicant shall provide construction notice for work in the right-of-way via mail. The notice shall be provided no later than two weeks prior to any construction or land use alteration. The content of the construction notice shall be pursuant to the public works standards. Area of construction noticing shall be consistent subsection 2. of this section.
2. Applications for Conditional Use Permits for Small Wireless Facilities. The applicant shall provide written notification of proposed pole mounted or aboveground installation of equipment to all immediately adjacent/adjoining property owners. Adjacent is inclusive of a pole in the right-of-way and the two closest parcels on the same side of the street as the pole location as well as the two lots closest to the pole location across the street/ROW.
3. Macro Cell Facilities. The applicant shall provide written notification of any application for proposed equipment/structure installation to all owners of property within 1,000 feet of the proposed location.
4. Where notification is required, written notification shall include at a minimum:
a. Description of the WCF including the proposed dimensions, design, color, type of facility, a rendering of the proposed facility, and proposed location. In lieu of providing all of this information as part of the notice, the applicant may produce a webpage containing this information and direct residents to its location.
b. For macro cell facilities requiring a conditional use permit, the notice shall include information required of a Type II procedure stated in SMC 21.09.010.H.4.
c. Email and phone number of a project contact.
d. The network provider shall provide the City with a distribution list of property owners, a map of properties receiving notification, a copy of the materials distributed, and an affidavit of mailing.
5. The applicant shall be responsible for making notification pursuant to this section within 14 days of receipt of the department’s written determination that the application is complete.
6. This section shall not apply to eligible facilities requests.
K. Small wireless facilities.
1. General.
a. New poles in the right-of-way shall only be permitted with a valid City franchise agreement.
b. If any portion of the privately owned structure is on private property, the applicant must first obtain a letter of authorization from the private property owner, and/or an affidavit from the HOA, if applicable prior to installation.
c. The City will not arbitrate any disputes between HOAs or other third parties and applicants.
d. Wireless communication facilities in the City’s shoreline jurisdiction or critical areas are subject to review as provided in SMC Title 25, Shoreline Management, SMC 21.03.020, Environmentally Critical Areas, and SMC 21.09.030, State Environmental Policy Act Procedures, as applicable.
e. A small wireless facility is prohibited on City-owned poles or facilities unless the attachment is approved pursuant to a franchise agreement or lease.
f. New poles shall not be located in any zoning setback area on private and public property, as established for each zoning designation in SMC 21.04.030. This shall not apply to new poles in the right-of-way or along private streets.
g. A new small wireless facility pole may not be sited within 350 feet of an existing small wireless facility pole owned, operated, or utilized by the same wireless service provider without a conditional use permit. In no event shall new small wireless facility poles be placed 150 feet from existing small wireless facility poles, regardless of whether such poles are owned, operated, or utilized by the same provider.
h. For new poles in the right-of-way, the network provider must provide the director or designee with a wireless-only pole (or light standard) design that meets the design criteria contained within the Wireless Facility Design Standards and any adopted public works standard design guidelines, and is subject to third-party review.
i. For a non-City-owned structure in the public right-of-way onto which an applicant or network provider proposes to attach a small wireless facility, if the owner of the structure requires more restrictive standards than those in this chapter, then the more restrictive standards shall apply. If any portion of the privately owned structure is on private property, prior to installation the applicant must first obtain all applicable zoning and building/electrical permits in addition to right-of-way permits.
j. Small wireless facilities within access easements over residential property are permitted if:
i. The owner of the residential property upon which the small wireless facility will be located has granted permission in writing to locate the facility in the desired location and has provided proof of authority to grant such permission;
ii. The terms of the access easement allow the installation of the small wireless facility in the proposed location;
iii. The installation of the small wireless facility in the proposed location does not create any access or safety issues;
iv. Any new structure complies with the requirements of the City’s Wireless Facility Design Standards;
v. Any new structure complies with all applicable requirements of the City code, including any applicable land use regulations; and
vi. Any covenants or easements recorded on the property allow the deployment of the small wireless facility on the property.
2. Review Process.
a. Expedited Wireless Use Permit (Type 1 Review).
i. Standards. Small wireless facilities that meet all of the applicable criteria set forth below qualify for processing pursuant to an expedited wireless use permit:
a) Small wireless facilities to be attached to an existing or replacement support structure or a building (such structure may be removed and replaced with a new support structure so long as the replacement structure is located within 10 feet of the existing structure, measured from the center point of the existing structure to the center point of the replacement structure); or
b) Small wireless facilities to utilize a new pole or support structure to be located in the NB, CB, O, and TCA-E zones; and
c) The proposal is compliant with the Wireless Facility Design Standards; and
d) An application proposing attachment to poles owned by a homeowners’ association (HOA) shall submit with the application(s) a signed affidavit of approval from the HOA authorizing attachment to the HOA poles/structures. The signed affidavit must be signed by the authorized agent of the HOA and be on a form supplied by the City.
b. Standard Wireless Use Permit (Type 1 Review). Small wireless facilities that otherwise meet the standards set forth in subsection 2.a.i. of this section, but that require minor deviations from the Wireless Facility Design Standards, shall instead generally be processed pursuant to the standard wireless use permit process under this subsection 2.b., unless the proposed small wireless facility requires a conditional use permit pursuant to the table contained in SMC 21.06.060.G.
i. “Minor deviations” are deviations to the dimensions, height, or volume of small wireless facilities which are necessary to conform the facilities to the requirements of the pole owner, provide adequate safety clearances, or address similar technical issues; provided, that such deviations do not cause the facility to exceed the cumulative totals provided by the definition of a small wireless facility and that such deviation does not defeat the concealment features set by the City’s Wireless Facility Design Standards.
ii. The decision of the director to approve a small wireless facility minor deviation, if any, shall be final and not subject to appeal under City code.
c. Conditional Use Permit (Type 2 Review). Small wireless facilities that require a conditional use permit per the table contained in SMC 21.06.060.G shall be processed according to the conditional use permit process under this subsection 2.c. Further, any small wireless facilities that trigger SEPA review (which is a Type 2 land use decision) shall be processed under this subsection 2.c.
i. A conditional use permit may be granted by the director if the applicant demonstrates the following:
a) The proposed facility cannot be sited pursuant to subsection 2.a. or 2.b. of this section while meeting network deployment objectives (if applicable); or collocation on a nearby facility is infeasible, unavailable, and/or will not meet network deployment objectives; or
b) The applicant can demonstrate through technical analysis, subject to third-party review, that it is technically infeasible to meet the City’s Wireless Facilities Design Standards and the applicant can demonstrate that the SWF can still meet all other design elements of the City’s Wireless Facilities Design Standards other than the standard(s) that are technically infeasible.
L. Macro cell facilities.
1. General.
a. New macro cell facilities shall not exceed 90 feet tall including antennas and equipment. Macro cell facilities may exceed this height limitation if approved by a conditional use permit. Provided that macro cell facilities may exceed 90 feet without a conditional use permit when necessary to add height to an existing structure where a bird nesting habitat feature/structure has been established at the top of the existing structure. In this circumstance additional height is allowed when the additional height is not for antennae extension and is the minimum height extension necessary to relocate the nest feature/structure and is designed in consultation with a qualified habitat biologist.
b. For a non-City-owned structure in the public right-of-way onto which an applicant or network provider proposes to attach a macro cell facility, if the owner of the structure requires more restrictive standards than those in this chapter, then the more restrictive standards shall apply. If any portion of the privately owned structure is on private property, prior to installation the applicant must first obtain all applicable zoning and building/electrical permits in addition to right-of-way permits.
c. Wireless communication facilities in the City’s shoreline jurisdiction or critical areas are subject to review as provided in SMC Title 25, Shoreline Management, SMC 21.03.020, Environmentally Critical Areas, and SMC 21.09.030, State Environmental Policy Act Procedures, as applicable.
d. Macro cell facilities are prohibited on City-owned structures or property (unless allowed pursuant to a franchise agreement or lease approved by City council).
e. New poles shall not be located in any zoning setback area on private and public property, as established for each zoning designation in SMC 21.04.030. This shall not apply to new poles in the right-of-way or along private streets.
f. Macro cell facilities shall be compliant with the Wireless Facility Design Standards.
g. New macro facilities shall be designed to discourage use by birds as a habitat feature and/or nesting structure.
2. Review Process.
a. Standard Wireless Use Permit (Type 1 Review).
i. The following macro cell facilities may be permitted with a standard wireless use permit:
a) Macro cell facilities collocating with an existing WCF.
b) Macro cell facilities located on NB, CB, O and TC-A through TC-E zoned private property.
c) Macro cell facilities mounted or attached to a building in a nonresidential zone.
d) Macro cell facilities located within public right-of-way on existing poles/structures not currently housing a WCF, exclusive of right-of-way adjacent to R zones.
e) Macro cell facilities along private streets on an existing or replacement support structure exclusive of any private roads in R zones.
f) Replacement poles as defined in SMC 21.06.060.F.
b. Conditional Use Permit (Type 2 Review).
i. Macro cell facilities that cannot be sited pursuant to subsection 2.a. of this section or that require a conditional use permit pursuant to Table A in SMC 21.06.060.G shall be processed pursuant to the conditional use permit process under this subsection 2.b. A conditional use permit may be granted by the director if the applicant demonstrates the following:
a) Wireless use locations pursuant to subsection 2.a. of this section and SMC 21.06.060.G, Table A, will not meet network deployment objectives; and
b) Collocation on a nearby facility is infeasible, unavailable, and/or will not meet network deployment objectives.
ii. Applicants shall submit technical analysis to support the conditional use permit request.
iii. A conditional use permit may also be used to allow a deviation from the dimensional standards required by this chapter or the Wireless Facility Design Standards, pursuant to the following criteria:
a) The applicant can demonstrate through technical analysis, subject to review by City consultant, that there is no other location that is technically feasible or available that would meet the dimensional requirements; or
b) The applicant can demonstrate through technical analysis, subject to review by City consultant, the dimensional requirements of the structure does not allow the WCF to function; and
c) Demonstrate that the WCF can still meet all other design elements of this chapter and/or the Wireless Facilities Design Standards and public works standards if on public right-of-way.
iv. Further, macro cell facilities that cannot be sited pursuant to subsection 2.a. of this section must meet one of the following infeasibility criteria, to the extent applicable:
a) The network provider must provide the designated official with documentation that establishes that it contacted the owner of each existing wireless facility that currently houses a macro cell facility located within 1,000 feet of the proposed location and that owner has denied the network provider’s request to collocate. If the request was granted but the network provider contends it still cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of why the collocation is not technically feasible or otherwise not possible, and is subject to third-party review.
b) The network provider must provide the designated official with documentation that establishes that it considered locations within those nonresidential zones located within 1,000 feet of the proposed location. This documentation must be completed and certified by a designated employee or contractor outlining the reasons which must be technical or permissive in nature why such locations within nonresidential zones are not technically feasible, not possible, or unavailable, and is subject to third-party review.
M. Third-party review. If technical documentation is required to demonstrate feasibility or inability to meet the siting criteria and/or any aspects of the technical requirements of this code, or when a conditional use permit from this code is requested, the City may retain a third-party qualified consultant at the applicant’s expense to review the supporting documentation for content and accuracy of the technical information.
Reasonable and actual expenses resulting directly from required third-party review shall be billed to the permit applicant or network provider as part of the permit review process. A permit shall not be issued until all permit processing costs incurred and billed have been paid.
N. Design requirements.
1. Design requirements for wireless communication facilities can be found in the Wireless Facility Design Standards.
2. Wireless facility design standards may be modified by a franchise agreement between the applicant and the City.
O. Installation, inspection, and maintenance.
1. All installations shall be in compliance with the issued permit(s).
2. Following construction, and prior to operation of equipment, the City shall inspect the WCF installation. Any construction performed out of compliance with the approved permit shall be promptly corrected by the applicant following receipt of notification by the City. Failure to bring the construction into compliance with the permit may result in forfeiture of any applicable franchise guarantees for work within the right-of-way, forfeiture of any deposits for facilities located on City properties, and code enforcement penalties and fines, as applicable and as authorized by the SMC, as determined by the designated official.
3. The applicant shall maintain WCF including any required concealment or screening. The applicant shall replace any plants required by this chapter, the Wireless Facility Design Standards, or approved or required as part of the permit approval that are unhealthy or dead. In the event that screening is not maintained at the required level, the City, after giving 30 days’ advance written notice to the network provider, may maintain or establish the screening and bill the responsible party for the actual costs incurred by the City for the screening until such costs are paid in full.
4. A wireless communication facility ceasing to be operational or falling into disrepair shall be removed by the facility owner within 90 days of receipt of written notification of lack of operation or disrepair by the City and an opportunity to cure. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts. Whenever a wireless communications facility ceases operation or falls into disrepair as provided in this section and as determined by either the designated official or the network provider, the entire wireless communications facility shall be removed, including but not limited to: all antennas, antenna supports, feeder lines, equipment enclosures, equipment, conduit, and the concrete pad upon which the structure is located. The facility owner may apply for an extension of time within those 90 days if resuming operation of the facility is expected. The designated official, at their sole discretion, may extend the time for a period not to exceed six months upon written request by the owner. The six-month extension is only for facilities that are expected to be operational again within the six-month time frame.
a. If the network provider requires the removal or relocation of a WCF or related ground equipment at its own discretion, it shall, within 14 days prior to any work, notify the designated official in writing.
b. Should the designated official determine a permitted WCF or related equipment has become a danger to the public health, safety, welfare, or City property, the network provider shall within 24 hours remove or secure their facilities, at their sole expense, to the satisfaction of the designated official.
c. Should a WCF or its related equipment become vandalized by graffiti, the network provider shall, within 14 calendar days of discovery or notification of the damage, either remove the graffiti or repaint the structure.
d. All macro and small wireless poles shall contain a tag clearly visible and legible that identifies the owner and operator of the pole along with an emergency contact number for the pole owner. This does not apply to a provider leasing a pole from another entity like Puget Sound Energy.
P. Interference. Interference among WCF and between WCF and other equipment shall be governed by federal law and the FCC’s rules and regulations with respect to radio frequency interference. (Ord. O2021-540 § 2 (Att. A))
A. Purpose and intent.
1. The purpose of the transfer of development rights (TDR) program is to implement a market-based tool to permanently preserve partially developed or undeveloped land with important public benefits, such as farmland, forestland, open space, and wildlife habitat, through the private acquisition of the development rights on those lands (“sending sites”) and the subsequent transfer of those rights to lands more suitable for development (“receiving sites”).
2. The TDR provisions supplement land use regulations, resource protection efforts and open space acquisition programs and are intended to encourage increased residential development density or increased commercial square footage where it can best be accommodated by:
a. Providing an incentive process for property owners of partially developed property, undeveloped land, farmland, forestland, open space and wildlife habitat to preserve lands with a public benefit; and
b. Providing an administrative review process to ensure that transfers of development rights are evaluated and administered in a fair and timely manner in accordance with other City goals and policies.
B. Applicability. All new development on a site identified as a receiving site pursuant to SMC 21.06.070.D shall have the option to acquire a certified transfer of development rights to increase the development potential of the receiving site. All private property owners owning a site that qualifies as a sending site pursuant to SMC 21.06.070.C and SMC 21.06.070.E shall have the option to request sending site certification and to sell the development potential of a sending site to an interested buyer. The development potential of a sending site, as determined by site certification pursuant to SMC 21.06.070.F, may be transferred and credited to a receiving site only when the transfer is approved in accordance with this chapter.
C. Sending site categories and criteria.
1. A sending site may be certified by the City pursuant to SMC 21.06.070.F, provided the sending site meets the criteria for one of the following sending site categories, and the provisions of subsection 2. of this section:
a. In-City Sending Sites. Undeveloped or partially developed properties located within the following areas may qualify as in-City sending sites. The department shall maintain maps of the approximate location of these areas, which shall be subject to field verification as part of the certification process:
i. Properties located within the Thompson subbasin; or
ii. Properties located within the Inglewood subbasin; or
iii. Properties located within erosion hazards special district overlay; or
iv. Properties located within the wetland management areas special district overlay.
b. Interjurisdictional Sending Sites.
i. Unincorporated King County land identified by the City council in an interlocal agreement with King County; or
ii. Land identified by the City council in an interlocal agreement with another jurisdiction.
c. For the purposes of this chapter, “undeveloped properties” are properties that have the potential to accommodate dwelling units and do not currently contain dwelling units.
2. To be eligible for the TDR program, all sending sites shall be certified by the City pursuant to SMC 21.06.070.F, have intact development potential, and provide a defined public benefit.
a. A sending site is deemed to have a defined public benefit if the site is:
i. Open space adjacent to, or connected with, City park or open space lands; or
ii. Wildlife habitat for threatened and/or endangered species listed by the federal government or the state of Washington; or
iii. Located such that preservation will provide additional protection for sensitive subbasins or environmentally critical areas; or
iv. Farmland; or
v. Forestland.
b. A sending site is deemed to have intact development potential if the area proposed for conservation is:
i. Of sufficient area to create at least one development right pursuant to SMC 21.06.070.E; and
ii. Contiguous, except for division by public rights-of-way; and
iii. The sending site’s development rights or development capacity is not exhausted through any of the following:
a) Existing development on the site; or
b) Agriculture, recreation, or open space easements; or
c) Conservation of environmentally sensitive areas and their buffers through means including, but not limited to, an open space easement or native growth easement; or
d) Alteration by a conservation easement or through any agreement.
3. Development rights acquired from eligible sending sites may be transferred to eligible receiving sites through the TDR transfer process. After completion of the conveyance of a sending site’s development rights, the property shall be maintained in a condition that is consistent with the criteria in this chapter under which the sending site was qualified by means of a TDR conservation easement.
D. Receiving sites.
1. Eligible receiving sites shall be:
a. Town Center subarea properties as follows:
i. Commercial properties in Zone A of the Town Center subarea;
ii. Residential properties in Zones A, B, C, and D of the Town Center subarea.
b. [Placeholder for future receiving sites].
2. Except as provided in this chapter, development of a receiving site shall remain subject to all use, lot coverage, height, setback and other applicable requirements of the Sammamish Municipal Code.
3. A Town Center subarea receiving site may accept density credits, up to the maximum density authorized pursuant to SMC 21.07.050, from any sending site or combination of sending sites.
4. A [placeholder for future receiving sites] receiving site may accept density credits, up to the maximum density authorized pursuant to SMC 21.04.030, from any sending site or combination of sending sites.
E. Calculation of available development rights from sending sites. The number of development rights that a sending site is eligible to sell under this program shall be calculated based upon the sending site category established pursuant to SMC 21.06.070.C, provided:
1. Interjurisdictional Sending Sites.
a. The number of development rights eligible for sale on a sending site located on land identified by the City council in an interlocal agreement with another jurisdiction shall be determined pursuant to the interlocal agreement.
b. If the sending site is located on unincorporated King County land identified by the City council in an interlocal agreement with King County, the number of development rights eligible for sale may be determined pursuant to the interlocal agreement.
2. In-City Sending Sites. The number of development rights eligible for sale on a sending site located in the in-City preservation sending site category shall be determined pursuant to SMC 21.04.030.G and SMC 21.04.030.H, subject to the limitation of subsection 3. of this section; and provided, that the minimum number of development rights for an undeveloped property shall be one per legal lot.
3. No development rights may be assigned to land already encumbered by a conservation easement unless expressly reserved by the easement.
F. Sending site certification.
1. Sending Sites Located within Sammamish.
a. The City shall be responsible for determining whether properties are eligible to be considered a sending site. The City shall base its decision on the materials provided by the landowner in a TDR sending site application and a satisfaction of the sending site requirements outlined in SMC 21.06.070.C and calculations in SMC 21.06.070.E.
b. Responsibility for preparing a completed sending site application rests exclusively with the applicant. Application forms shall be available from the department of community development.
c. Sending site landowners may obtain TDR certificates which can be transferred pursuant to SMC 21.06.070.J and used by receiving area landowners. The process for obtaining the TDR certificates is as follows:
i. Following City review and approval of an application for TDR certificates by the sending site owner, the City shall issue a TDR certificate letter of intent. The letter shall contain the following:
a) A determination of the number of development rights calculated for the sending site pursuant to SMC 21.06.070.E and SMC 21.06.070.J; and
b) An agreement by the City to issue a corresponding number of TDR certificates in conversion for a conservation easement granted by the City or the City’s designated agent; and
c) A summary of the expected terms of use for the sending site established through SMC 21.06.070.G.
ii. The sending site owner may use the TDR certificate letter of intent to market sending site development rights to potential purchasers, but the certificate letter of intent shall have no value and cannot be transferred or used to obtain increased development rights within receiving areas.
iii. The letter of intent shall expire 10 years from the date of issuance by the City of Sammamish.
iv. As provided by the TDR certificate letter of intent, the City shall issue serially numbered TDR certificates to the sending site owner upon acceptance of a TDR conservation easement. The City shall have 90 days from the date the conservation easement is offered by the sending site owner in which to conduct, at its discretion, a review of the sending site records and/or a site inspection.
v. A TDR conservation easement will not encumber a sending site until such time as a TDR certificate or certificates have been issued to sending site landowners pursuant to SMC 21.06.070.J except by owner preference. The director is authorized to create administrative rules to provide for phased development of a project incorporating TDRs.
2. Sending Sites Located Outside of Sammamish.
a. All development rights transferred through an interlocal agreement with another jurisdiction from sending sites located outside of the City limits of Sammamish shall be transferred into Sammamish pursuant to the terms of the interlocal TDR agreement with the relevant jurisdiction.
b. All development rights that are not subject to the terms of an interlocal agreement with another jurisdiction and are transferred from sending sites located outside the City limits of Sammamish shall be transferred into Sammamish pursuant to subsection 1. of this section.
3. The maximum number of sending site TDR certificates issued, and resulting in the recording of a conservation easement, shall not exceed 630.
G. Documentation of restrictions.
1. TDR certificates issued to sending sites by the City of Sammamish shall have a conservation easement restricting the deed and granted to the City of Sammamish, or an appropriate agent, recorded with King County and notice placed on the title of the sending parcel.
2. TDR certificates issued to sending sites pursuant to an interlocal agreement with another jurisdiction shall have a conservation easement restricting the deed recorded with King County and notice placed on the title of the sending parcel.
3. The director shall establish the form of conservation easements issued by the City of Sammamish; however, the conservation easement shall contain, at a minimum the following items:
a. The number of development rights extinguished on the sending site through the TDR certificate issuance;
b. The specific public benefit identified on the subject site pursuant to SMC 21.06.070.C; and
c. The terms of use for the subject site, consistent with required protections of the identified public benefit;
d. The intent of the conservation easement shall be to encumber the property perpetually.
H. Sending site development limitations.
1. Sending sites that the City has issued TDR certificate letter of intent for shall be limited to uses consistent with the purpose and intent of this chapter and with the criteria originally used as the basis for issuing the letter of intent to the sending site pursuant to SMC 21.06.070.C and SMC 21.06.070.F. Failure to use the sending site in a manner consistent with the original certification may result in the City not issuing TDR certificates.
2. When only a portion of a site’s development rights have been conveyed and extinguished, the owner retains all rights on the remaining buildable portion of the property and may exercise them pursuant to Sammamish Municipal Code.
3. The conservation easement by its terms may reserve dwelling units that may be developed in the future. Transferred development rights explicitly identified in the conservation easement pursuant to SMC 21.06.070.G shall be separated from the property through the conservation easement.
4. The landowner shall not undertake any division, subdivision or partitioning of the property, whether by physical or legal process, which includes, but is not limited to, any subdivision, short subdivision, platting, binding site plan, testamentary division, or other process by which the property is divided into lots or in which title to different portions of the property are not held in unified ownership, unless such land division allocates the reserved development rights between the divided parcels of property in a manner consistent with the terms of the conservation easement.
5. Use of a sending site subject to a conservation easement shall be limited to uses consistent with the purpose and intent of this chapter and with the criteria originally used to establish the sending site.
6. Once an undeveloped or partially developed sending site has been encumbered by a conservation easement, additional development potential within the sending site area constrained by the conservation easement cannot be created by means of a rezone of the property.
I. Receiving site incentives.
1. Development rights may be purchased to achieve TDR-based incentive densities allowed by Sammamish development regulations on receiving sites identified in SMC 21.06.070.D.
2. Receiving Site Incentives.
a. Town Center. The following table outlines TDR-based incentives for eligible receiving sites with the purchase of a development right. (For example, a sending site in the R-1 zone that generates one TDR will allow for the creation of four dwelling units at a receiving in the TC-C zone of the Town Center. Alternatively, the same site in the R-1 zone that generates one TDR will allow 7,716 square feet of additional commercial development in the Town Center):
Receiving Site Incentive Table | |||||
|---|---|---|---|---|---|
Sending Zones | |||||
R-1 | R-4 | R-6 | KC Lands | ||
Commercial | 7,716 sq. ft. | 3,560 sq. ft. | 2,600 sq. ft. | 3,560 sq. ft. | |
Receiving Zones | Zone C | 4 du | 2 du | 1 du | 2 du |
Zone B | 7 du | 3 du | 2 du | 3 du | |
Zone A | 5 du | ||||
Note: Dwelling units may be transferred from the TC-D zone into the TC-A zones, subject to the provisions of SMC 21.07.050.C.2.d.
b. [Placeholder for future receiving sites].
3. Modification of Receiving Site Incentives.
a. The director is authorized to recommend that the City council adopt a revised incentive table to address changing economic conditions or to further refine the receiving site incentives. The director is also authorized to recommend that the City council adopt receiving site incentives for sending sites not currently identified in subsection 2. of this section. The incentive table shall not be revised more than once in a calendar year. The director shall base the recommendation of a revised incentive table on the following economic analysis:
i. The expected marginal value of the receiving site incentives; and
ii. The prevailing cost of per square foot commercial or residential development and the impact of the acquisition of TDRs on a project’s marginal returns; and
iii. The appropriate regional costs of development per commercial square foot or residential dwelling unit; and
iv. Consistency with the conservation principles and purpose and intent of this chapter.
b. Once adopted by the Council, the modified receiving site incentive table shall be used for calculation of receiving site incentives. Within 14 days of adopting a revised incentive table, the director shall mail notification to property owners with an active TDR certificate letter of intent following adoption of a revised incentive table.
c. If adoption of a revised incentive table is requested by a developer or private property owner, the burden of preparing the economic analysis shall be on the developer or private property owner.
d. The director shall keep a log of modified receiving site incentives and shall periodically report the modifications to the City council.
J. TDR transfer process.
1. Receiving site landowners are required to transfer sending site TDR certificates to achieve TDR-based incentive densities. Permit applications may be submitted without the purchase of TDR certificates, but no permits for development associated with a TDR project shall be issued until the TDR certificate requirement is satisfied.
2. The required TDR certificates may be acquired by:
a. Transferring development rights from certified sending sites; or
b. Transferring development rights from certified sending sites owned by a receiving site owner; or
c. Purchasing previously purchased, unexecuted development rights from another buyer.
3. All receiving site projects using TDRs must be in accordance with all other applicable laws and regulations. (Ord. O2021-540 § 2 (Att. A))
A. Findings and declaration of purpose.
1. The Sammamish City council finds that:
a. The protection, enhancement, perpetuation and use of buildings, sites, districts, structures and objects of historical, cultural, architectural, engineering, geographic, ethnic and archaeological significance located in the City of Sammamish, and the collection, preservation, exhibition and interpretation of historic and prehistoric materials, artifacts, records and information pertaining to historic preservation and archaeological resource management are necessary in the interest of prosperity, promote civic pride and benefit the general welfare of the residents of the City of Sammamish.
b. Such cultural and historic resources are a significant part of the heritage, education and economic base of the City of Sammamish, and the economic, cultural and aesthetic well-being of the county cannot be maintained or enhanced by disregarding its heritage and by allowing the unnecessary destruction or defacement of such resources.
c. Present historic preservation programs and activities are inadequate for ensuring present and future generations of the City of Sammamish residents and visitors a genuine opportunity to appreciate and enjoy our heritage.
d. King County has the experience and personnel qualified to administer a preservation program and that the City desires to make use of the County’s expertise.
2. The purposes of this chapter are to:
a. Designate, preserve, protect, enhance and perpetuate those sites, buildings, districts, structures and objects which reflect significant elements of the City’s, state’s and nation’s cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic and other heritage;
b. Foster civic pride in the beauty and accomplishments of the past;
c. Stabilize and improve the economic values and vitality of landmarks;
d. Protect and enhance the City’s tourist industry by promoting heritage-related tourism;
e. Promote the continued use, exhibition and interpretation of significant historical or archaeological sites, districts, buildings, structures, objects, artifacts, materials and records for the education, inspiration and welfare of the people of the City of Sammamish;
f. Promote and continue incentives for ownership and utilization of landmarks;
g. Assist, encourage and provide incentives to public and private owners for preservation, restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects;
h. Assist, encourage and provide technical assistance to public agencies, public and private museums, archives and historic preservation associations and other organizations involved in historic preservation and archaeological resource management.
B. Landmarks commission created – Membership and organization.
1. The King County landmarks commission established pursuant to Chapter 20.62 KCC is hereby designated and empowered to act as the landmarks commission for the City of Sammamish pursuant to the provisions of this chapter.
2. The special member of the King County landmarks commission provided for in KCC 20.60.030 shall be appointed by the mayor subject to confirmation of the City council. Such special member shall have a demonstrated interest and competence in historic preservation. Such appointment shall be made for a three-year term. Such special member shall serve until his or her successor is duly appointed and confirmed. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. Such special member may be reappointed, but may not serve more than two consecutive three-year terms. Such special member shall be deemed to have served one full term if such special member resigns at any time after appointment or if such special member serves more than two years of an expired term. The special members of the commission shall serve without compensation except for out-of-pocket expenses incurred connected with commission meetings or programs. The City of Sammamish shall reimburse such expenses incurred by such special member.
3. The commission shall not conduct any public hearings required under this chapter with respect to properties located within the City of Sammamish until its rules and regulations, including procedures consistent with this chapter, have been filed with the City clerk.
C. Designation criteria.
1. An historic resource may be designated as a City of Sammamish landmark if it is more than 40 years old or, in the case of a landmark district, contains resources that are more than 40 years old, and possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
a. Is associated with events that have made a significant contribution to the broad patterns of national, state or local history; or
b. Is associated with the lives of persons significant in national, state or local history; or
c. Embodies the distinctive characteristics of a type, period, style or method of design or construction, or that represents a significant and distinguishable entity whose components may lack individual distinction; or
d. Has yielded, or may be likely to yield, information important in prehistory or history; or
e. Is an outstanding work of a designer or builder who has made a substantial contribution to the field of construction or design.
2. An historic resource may be designated a community landmark through the designation process in SMC 21.06.080.E because it is an easily identifiable visual feature of a neighborhood or the City and contributes to the distinctive quality or identity of such neighborhood or City or because of its association with significant historical events or historic themes, association with important or prominent persons, or recognition by local citizens for substantial contribution to the community. An improvement or site qualifying for designation solely by virtue of satisfying criteria set out in this section shall be designated a community landmark and shall not be subject to the provisions of SMC 21.06.080.F.
3. Cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 40 years shall not be considered eligible for designation. However, such a property shall be eligible for designation if it is:
a. An integral part of districts that meet the criteria set out in SMC 21.06.090; or
b. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or
c. A building or structure removed from its original location but which is significant primarily for its architectural value, or which is the surviving structure most importantly associated with a historic person or event; or
d. A birthplace, grave or residence of a historical figure of importance if there is no other appropriate site or building directly associated with his or her productive life; or
e. A cemetery that derives its primary significance from graves of persons of importance, from age, from distinctive design features, or from association with historic events; or
f. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner or as part of a restoration master plan, and when no other building or structure with the same association has survived; or
g. A property commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or
h. A property achieving significance within the past 40 years, if it is of exceptional importance.
D. Nomination procedure.
1. Any person, including the historic preservation officer and any member of the commission, may nominate an historic resource for designation as a landmark or community landmark. The procedures set forth in this section and SMC 21.06.080.E may be used to amend existing designations or to terminate an existing designation based on changes which affect the applicability of the criteria for designation set forth in SMC 21.06.080.C. The nomination or designation of an historic resource as a landmark shall constitute nomination or designation of the land which is occupied by the historic resource unless the nomination provides otherwise. Nominations shall be made on official nomination forms provided by the City of Sammamish department of community development or the historic preservation officer, shall be filed with the department, and shall include all data required by the historic preservation officer.
2. Upon receipt by the department of any nomination for designation, the department shall forward the nomination to the historic preservation officer, who shall consult with the person or persons submitting the nomination, and the owner, and prepare any amendments to or additional information on the nomination deemed necessary by the historic preservation officer. The historic preservation officer may refuse to accept any nomination for which inadequate information is provided by the person or persons submitting the nomination. It is the responsibility of the person or persons submitting the nomination to perform such research as is necessary for consideration by the commission. The historic preservation officer may assume responsibility for gathering the required information or appoint an expert or experts to carry out this research in the interest of expediting the consideration.
3. When the historic preservation officer is satisfied that the nomination contains sufficient information and complies with the commission’s regulations for nomination, the historic preservation officer shall forward the nomination to the historic preservation officer and the landmarks commission for consideration. The historic preservation officer shall give notice in writing, certified mail/return receipt requested, to the owner of the property or object, to the person submitting the nomination and interested persons of record that a preliminary or a designation determination on the nomination will be made by the commission. The notice shall include:
a. The date, time, and place of hearing;
b. The address and description of the historic resource and the boundaries of the nominated resource;
c. A statement that, upon a designation or upon a preliminary determination of significance, the certificate of appropriateness procedure set out in SMC 21.06.080.F will apply;
d. A statement that, upon a designation or a preliminary determination of significance, no significant feature may be changed without first obtaining a certificate of appropriateness from the commission, whether or not a building or other permit is required. A copy of the provisions of SMC 21.06.080.F shall be included with the notice;
e. A statement that all proceedings to review the action of the commission at the hearing on a preliminary determination or a designation will be based on the record made at such hearing and that no further right to present evidence on the issue of preliminary determination or designation is afforded pursuant to this chapter.
4. The historic preservation officer shall, after mailing the notice required herein, promptly provide the commission with copies of the nomination and all supporting information to the commission. No nomination shall be considered by the commission less than 30 nor more than 45 calendar days after notice setting the hearing date has been mailed except where the historic preservation officer or members of the commission have reason to believe that immediate action is necessary to prevent destruction, demolition or defacing of an historic resource, in which case the notice setting the hearing shall so state.
E. Designation procedure.
1. The commission may approve, deny, amend or terminate the designation of a historic resource as a landmark or community landmark only after a public hearing. At the designation hearing, the commission shall receive evidence and hear argument only on the issues of whether the historic resource meets the criteria for designation of landmarks or community landmarks as specified in SMC 21.06.080.C and merits designation as a landmark or community landmark; and the significant features of the landmark. The hearing may be continued from time to time at the discretion of the commission. If the hearing is continued, the commission may make a preliminary determination of significance if the commission determines, based on the record before it, that the historic resource is of significant value and likely to satisfy the criteria for designation in SMC 21.06.080.C. The preliminary determination shall be effective as of the date of the public hearing at which it is made. Where the commission makes a preliminary determination, it shall specify the boundaries of the nominated resource, the significant features thereof and such other description of the historic resource as it deems appropriate. Within five working days after the commission has made a preliminary determination, the historic preservation officer shall file a written notice of the action with the director and mail copies of the notice, certified mail, return receipt requested, to the owner, the person submitting the nomination and interested persons of record. The notice shall include:
a. A copy of the commission’s preliminary determination; and
b. A statement that while proceedings pursuant to this chapter are pending, or six months from the date of the notice, whichever is shorter, and thereafter if the designation is approved by the commission, the certificate of appropriateness procedures in SMC 21.06.080.F shall apply to the described historic resource whether or not a building or other permit is required. A copy of SMC 21.06.080.F shall be enclosed with the notice.
c. The final decision of the commission shall be made after the close of the public hearing or at the next regularly scheduled public meeting of the commission thereafter.
2. Whenever the commission approves the designation of a historic resource under consideration for designation as a landmark, it shall, within 14 calendar days of the public meeting at which the decision is made, issue a written designation report, which shall include:
a. The boundaries of the designated resource and such other description of the resource sufficient to identify its ownership and location;
b. The significant features and such other information concerning the historic resource as the commission deems appropriate;
c. Findings of fact and reasons supporting the designation with specific reference to the criteria for designation in SMC 21.06.080.C; and
d. A statement that no significant feature may be changed, whether or not a building or other permit is required, without first obtaining a certificate of appropriateness from the commission in accordance with SMC 21.06.080.F, a copy of which shall be included in the designation report. The requirements of this subsection shall not apply to historic resources designated as community landmarks.
3. Whenever the commission rejects the nomination of a historic resource under consideration for designation as a landmark, it shall, within 14 calendar days of the public meeting at which the decision is made, issue a written decision including findings of fact and reasons supporting its determination that the criteria in SMC 21.06.080.C have not been met. If a historic resource has been nominated as a landmark and the commission designates the historic resource as a community landmark, the designation shall be treated as a rejection of the nomination for King County landmark status and the foregoing requirement for a written decision shall apply. Nothing contained herein shall prevent renominating any historic resource that is rejected under this subsection as a county landmark at a future time; provided, that no renomination shall occur unless a minimum of one year has passed since the prior decision of the commission.
4. A copy of the commission’s designation report or decision rejecting a nomination shall be delivered or mailed to the owner, to interested persons of record and to the director within five working days after it is issued. If the commission rejects the nomination and it has made a preliminary determination of significance with respect to the nomination, it shall include in the notice to the director a statement that SMC 21.06.080.F no longer applies to the subject historic resources.
5. If the commission approves, or amends a landmark designation, the provisions of SMC 21.06.080.F shall apply as approved or amended. A copy of the commission’s designation report or designation amendment shall be recorded with the King County records, elections and licensing services division, or its successor agency, together with a legal description of the designated resource and notification that SMC 21.06.080.F and 21.06.080.I apply. If the commission terminates the designation of a historic resource, SMC 21.06.080.F shall no longer apply to the historic resource.
F. Certificate of appropriateness procedure.
1. At any time after a designation report and notice has been filed with the director and for a period of six months after notice of a preliminary determination of significance has been mailed to the owner and filed with the director, a certificate of appropriateness must be obtained from the commission before any alterations may be made to the significant features of the landmark identified in the preliminary determination report or thereafter in the designation report. This requirement shall apply whether or not the proposed alteration requires a building or other permit. The designation report shall supersede the preliminary determination report upon issuance.
2. Ordinary repairs and maintenance which do not alter the appearance of a significant feature and do not utilize substitute materials do not require a certificate of appropriateness. Repairs to or replacement of utility systems do not require a certificate of appropriateness; provided, that such work does not alter an exterior significant feature.
3. There shall be three types of certificates of appropriateness, as follows:
i. Type I, for restorations and major repairs which utilize in-kind materials.
ii. Type II, for alterations in appearance, replacement of historic materials and new construction.
iii. Type III, for demolition, moving and excavation of archaeological sites.
a. The historic preservation officer may approve Type I certificates of appropriateness administratively without public hearing, subject to procedures adopted by the commission. Alternatively the historic preservation officer may refer applications for Type I certificates of appropriateness to the commission for decision. The commission shall establish and adopt an appeals procedure concerning Type I decisions made by the historic preservation officer.
b. Type II and III certificates of appropriateness shall be decided by the commission and the following general procedures shall apply to such commission actions:
i. Application for a certificate of appropriateness shall be made by filing an application for such certificate with the historic preservation officer on forms provided by the commission.
ii. If an application is made to the director for a permit for any action which affects a landmark, the director shall promptly refer such application to the historic preservation officer, and such application shall be deemed an application for a certificate of appropriateness if accompanied by the additional information required to apply for such certificate. The director may continue to process such permit application, but shall not issue any such permit until the time has expired for filing with the director the notice of denial of a certificate of appropriateness or a certificate of appropriateness has been issued pursuant to this chapter.
iii. After the commission has commenced proceedings for the consideration of any application for a certificate of appropriateness by giving notice of a hearing pursuant to subsection 3.b.iv. of this section, no other application for the same or a similar alteration may be made until such proceedings and all administrative appeals therefrom pursuant to this chapter have been concluded.
iv. Within 45 calendar days after the filing of an application for a certificate of appropriateness with the commission or the referral of an application to the commission by the director except those decided administratively by the historic preservation officer pursuant to subsection 3.b. of this section, the commission shall hold a public hearing thereon. The historic preservation officer shall mail notice of the hearing to the owner, the applicant, if the applicant is not the owner, and parties of record at the designation proceedings, not less than 10 calendar days before the date of the hearing. No hearing shall be required if the commission, the owner and the applicant, if the applicant is not the owner, agree in writing to a stipulated certificate approving the requested alterations thereof. This agreement shall be ratified by the commission in a public meeting and reflected in the commission meeting minutes. If the commission grants a certificate of appropriateness, such certificate shall be issued within 10 days and the historic preservation officer shall promptly file a copy of such certificate with the director.
v. If the commission denies the application for a certificate of appropriateness, in whole or in part, it shall so notify the owner, the person submitting the application and interested persons of record setting forth the reasons why approval of the application is not warranted.
G. Evaluation of economic impact.
1. At the public hearing on any application for a Type II or Type III certificate of appropriateness, or Type I if referred to the commission by the historic preservation officer, the commission shall, when requested by the property owner, consider evidence of the economic impact on the owner of the denial or partial denial of a certificate. In no case may a certificate be denied, in whole or in part, when it is established that the denial or partial denial will, when available incentives are utilized, deprive the owner of a reasonable economic use of the landmark and there is no viable and reasonable alternative which would have less impact on the features of significance specified in the preliminary determination report or the designation report.
2. To prove the existence of a condition of unreasonable economic return, the owner must establish and the commission must find both of the following:
a. The landmark is incapable of earning a reasonable economic return without making the alterations proposed. This finding shall be made by considering and the applicant shall submit to the commission evidence establishing each of the following factors:
i. The current level of economic return on the landmark as considered in relation to the following:
a) The amount paid for the landmark, the date of purchase, and party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the landmark was purchased;
b) The annual gross and net income, if any, from the landmark for the previous five years; itemized operating and maintenance expenses for the previous five years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
c) The remaining balance on any mortgage or other financing secured by the landmark and annual debt service, if any, during the prior five years;
d) Real estate taxes for the previous four years and assessed value of the landmark according to the two most recent assessed valuations;
e) All appraisals obtained within the previous three years by the owner in connection with the purchase, financing or ownership of the landmark;
f) The fair market value of the landmark immediately prior to its designation and the fair market value of the landmark (in its protected status as a designated landmark) at the time the application is filed;
g) Form of ownership or operation of the landmark, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or both;
h) Any state or federal income tax returns on or relating to the landmark for the past two years.
ii. The landmark is not marketable or able to be sold when listed for sale or lease. The sale price asked, and offers received, if any, within the previous two years, including testimony and relevant documents shall be submitted by the property owner. The following also shall be considered:
a) Any real estate broker or firm engaged to sell or lease the landmark;
b) Reasonableness of the price or lease sought by the owner;
c) Any advertisements placed for the sale or lease of the landmark.
iii. The unfeasibility of alternative uses that can earn a reasonable economic return for the landmark as considered in relation to the following:
a) A report from a licensed engineer or architect with experience in historic restoration or rehabilitation as to the structural soundness of the landmark and its suitability for restoration or rehabilitation;
b) Estimates of the proposed cost of the proposed alteration and an estimate of any additional cost that would be incurred to comply with the recommendation and decision of the commission concerning the appropriateness of the proposed alteration;
c) Estimated market value of the landmark in the current condition after completion of the proposed alteration; and, in the case of proposed demolition, after renovation of the landmark for continued use;
d) In the case of proposed demolition, the testimony of an architect, developer, real estate consultant, appraiser or other real estate professional experienced in historic restoration or rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing landmark;
e) The unfeasibility of new construction around, above, or below the historic resource;
f) Potential economic incentives and/or funding available to the owner through federal, state, county, City or private programs.
iv. The owner has the present intent and the secured financial ability, demonstrated by appropriate documentary evidence, to complete the alteration.
3. Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other appropriate factors applicable to economic return.
4. Upon reasonable notice to the owner, the commission may appoint an expert or experts to provide advice and/or testimony concerning the value of the landmark, the availability of incentives and the economic impacts of approval, denial or partial denial of a certificate of appropriateness.
5. Any adverse economic impact caused intentionally or by willful neglect shall not constitute a basis for granting a certificate of appropriateness.
H. Appeal procedure.
1. Any person aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may appeal such decision in writing to the hearing examiner, within 21 calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness. The written notice of appeal shall be filed with the historic preservation officer and the City clerk and shall be accompanied by a statement setting forth the grounds for the appeal, the appropriate fee, supporting documents, and argument.
2. If, after examination of the written appeal and the record, the hearing examiner determines that:
a. An error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration; or
b. The decision of the commission is based on an error in law, it may modify or reverse the decision of the commission.
3. The hearing examiner’s decision shall be based solely upon the record of the proceedings.
4. The hearing examiner shall take final action on any appeal from a decision of the commission by adoption of a resolution, and shall enter findings of fact and conclusions of law based upon the record which support its action. The council may adopt all or portions of the commission’s findings and conclusions.
5. The action of the hearing examiner sustaining, reversing, modifying or remanding a decision of the commission shall be final unless within 20 calendar days from the date of the action an aggrieved person obtains a writ of certiorari from the superior court of King County, state of Washington, for the purpose of review of the action taken.
I. Penalty for violation of SMC 21.06.080.E. Any person violating or failing to comply with the provisions of SMC 21.06.080.E shall incur a civil penalty consistent with SMC Title 23; provided, however, that no penalty shall be imposed for any violation or failure to comply which occurs during the pendency of legal proceedings filed in any court challenging the validity of the provision or provisions of this chapter, as to which such violations or failure to comply is charged.
J. Special valuation of historic properties.
1. There is hereby established and implemented a special valuation for historic properties as provided in Chapter 84.26 RCW.
2. The King County landmarks commission is hereby designated as the local review board for the purposes related to Chapter 84.26 RCW, and is authorized to perform all functions required by Chapter 84.16 RCW and Chapter 254-20 WAC.
3. All City of Sammamish landmarks designated and protected under this chapter shall be eligible for special valuation in accordance with Chapter 84.26 RCW.
K. Historic resources—Review process.
1. Upon receipt of an application for a development proposal located on or adjacent to a City of Sammamish historic resource, the application shall be circulated to the historic preservation officer. The City of Sammamish shall not approve any development proposal or otherwise issue any authorization to alter, demolish, or relocate or otherwise adversely affect any historic resource identified in the City of Sammamish historic resource inventory, pursuant to the requirements of this chapter until after the review and recommendation of the historic preservation officer is received and considered. The standards in SMC 21.04.030 and 21.06.020 shall be expanded when necessary, to preserve the aesthetic, visual and historic integrity of the historic resource from the impacts of development on the same or adjacent properties.
a. The historic preservation officer may recommend that the director continue to process the development proposal application, but not issue any development permits or issue a SEPA threshold determination until receiving a recommendation from the historic preservation officer. In no event shall review of the proposal by the historic preservation officer delay permit processing or issuance beyond any period required by law. Permit applications for changes to landmark properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant to SMC 21.06.080.F.
b. On known archaeological sites, before any disturbance of the site, including but not limited to test boring, site clearing, construction, grading or revegetation, the Washington State Department of Archaeology and Historic Preservation (DAHP), and the historic preservation officer, and appropriate Native American tribal organizations must be notified and state permits obtained, if required by law. The historic preservation officer may recommend that a professional archaeological survey be conducted to identify site boundaries, resources and mitigation alternatives prior to any site disturbance and that a technical report be provided to the historic preservation officer, DAHP and appropriate tribal organizations. The historic preservation officer may recommend approval, disapproval or permit conditions, including professional archeological surveys, to mitigate adverse impacts to known archeological sites.
L. Administrative rules. The director may promulgate administrative rules and regulations pursuant to SMC 21.09.010, to implement the provisions and requirements of this chapter.
M. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. O2021-540 § 2 (Att. A))
A. Definitions. The following words and terms shall, when used in this chapter, be defined as follows unless a different meaning clearly appears from the context:
1. Alteration. Any construction, demolition, removal, modification, excavation, restoration or remodeling of a landmark.
2. Building. A structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. “Building” may refer to an historically related complex, such as a courthouse and jail or a house and barn.
3. Certificate of appropriateness. Written authorization issued by the commission or its designee permitting an alteration to a significant feature of a designated landmark.
4. Commission. The City of Sammamish landmarks commission.
5. Community landmark. An historic resource which has been designated pursuant to SMC 21.06.080.E, but which may be altered or changed without application for or approval of a certificate of appropriateness.
6. Council. The Sammamish City council.
7. Designation. The act of the commission determining that an historic resource meets the criteria established by this chapter.
8. Designation report. A report issued by the commission after a public hearing setting forth its determination to designate a landmark and specifying the significant feature or features thereof.
9. Director. The director of the Sammamish department of community development or his or her designee.
10. District. A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.
11. Historic preservation officer. The King County historic preservation officer or his or her designee.
12. Historic resource. A district, site, building, structure or object significant in national, state or local history, architecture, archaeology, and culture.
13. Historic resource inventory. An organized compilation of information on historic resources considered to be significant according to the criteria listed in SMC 21.06.080.C. The historic resource inventory is maintained by the historic preservation officer and is updated from time to time to include newly eligible resources and to reflect changes to resources.
14. Incentives. Such compensation, rights or privileges or combination thereof, which the council, or other local, state or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner or owners of designated landmarks. Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, private or public grants-in-aid, beneficial placement of public improvements, or amenities, or the like.
15. Interested person of record. Any individual, corporation, partnership or association which notifies the commission or the council in writing of its interest in any matter before the commission.
16. Landmark. An historic resource designated as a landmark pursuant to SMC 21.06.080.E.
17. Nomination. A proposal that an historic resource be designated a landmark.
18. Object. A material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
19. Owner. A person having a fee simple interest, a substantial beneficial interest of record or a substantial beneficial interest known to the commission in an historic resource. Where the owner is a public agency or government, that agency shall specify the person or persons to receive notices under this chapter.
20. Person. Any individual, partnership, corporation, group or association.
21. Person in charge. The person or persons in possession of a landmark including, but not limited to, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee, lessee, tenant, agent, or any other person directly or indirectly in control of the landmark.
22. Preliminary determination. A decision of the commission determining that an historic resource which has been nominated for designation is of significant value and is likely to satisfy the criteria for designation.
23. Significant feature. Any element of a landmark which the commission has designated pursuant to this chapter as of importance to the historic, architectural or archaeological value of the landmark.
24. Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains an historical or archaeological value regardless of the value of any existing structures.
25. Structure. Any functional construction, such as a bridge or trestle, made usually for purposes other than creating human shelter. (Ord. O2021-540 § 2 (Att. A))
Standards
A. Purpose. The purpose of this chapter is to improve the quality of development by providing building and site design standards that:
1. Reduce the visual impact of large residential buildings from adjacent streets and properties;
2. Enhance the aesthetic character of large residential buildings;
3. Contain sufficient flexibility of standards to encourage creative and innovative site and building design;
4. Meet the on-site recreation needs of project residents;
5. Enhance aesthetics and environmental protection through site design;
6. Allow for continued or adaptive reuse of historic resources while preserving their historic and architectural integrity;
7. Reduce the health and aesthetic impact of waste containers adjacent to streets;
8. Promote compatibility between residential and nonresidential uses; and
9. Promote health, safety, and security by minimizing glare and light trespass from outdoor lighting onto adjacent properties. (Ord. O2021-540 § 2 (Att. A))
A. Purpose. The purpose of this chapter is to preserve the aesthetic character of communities, to improve the aesthetic quality of the built environment, to promote retention and protection of existing vegetation; to promote water efficiency, to promote native wildlife, to reduce the impacts of development on drainage systems and natural habitats, and to increase privacy for residential zones by:
1. Providing visual relief from large expanses of parking areas and reduction of perceived building scale;
2. Providing physical separation between residential and nonresidential areas;
3. Providing visual screens and barriers as a transition between differing land uses;
4. Retaining existing vegetation and significant trees by incorporating them into the site design;
5. Providing increased areas of permeable surfaces to allow for:
a. Infiltration of surface water into groundwater resources;
b. Reduction in the quantity of stormwater discharge; and
c. Improvement in the quality of stormwater discharge;
6. Encouraging the use of native plant species by their retention or use in the landscape design;
7. Requiring water use efficiency through water budgeting and efficient irrigation design standards;
8. Encouraging the use of a diversity of plant species that promote native wildlife habitat.
B. Application. Except for communication facilities regulated pursuant to SMC 21.06.060, all new development shall be subject to the landscaping provisions of this chapter; provided, that specific landscaping and tree retention provisions for uses established through a conditional use permit or a special use permit shall be determined during the applicable review process.
C. Landscaping.
1. Landscaping – Screen types and description. The three types of landscaping screens are described and applied as follows:
a. Type I Landscaping Screen.
i. Type I landscaping shall function as a full screen and visual barrier. This landscaping is typically found between residential and nonresidential areas;
ii. Type I landscaping shall minimally consist of:
a) A mix of primarily evergreen trees and shrubs generally interspersed throughout the landscape strip and spaced to form a continuous screen;
b) Between 70 and 90 percent evergreen trees;
c) Trees provided at the rate of one per 10 linear feet of landscape strip and spaced no more than 20 feet apart on center;
d) Evergreen shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight feet apart on center; and
e) Groundcover pursuant to SMC 21.06.020.C.7; and
f) Subject to director’s review for consistency with subsection 1.a. of this section;
b. Type II Landscaping Screen.
i. Type II landscaping is a “filtered screen” that functions as a visual separator. This landscaping is typically found between commercial and industrial uses, between differing types of residential development, and to screen industrial uses from the street;
ii. Type II landscaping shall minimally consist of:
a) A mix of evergreen and deciduous trees and shrubs generally interspersed throughout the landscape strip spaced to create a filtered screen;
b) At least 50 percent deciduous trees and at least 30 percent evergreen trees;
c) Trees provided at the rate of one per 20 linear feet of landscape strip and spaced no more than 30 feet apart on center;
d) Shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight feet apart on center; and
e) Groundcover pursuant to SMC 21.06.020.C.7;
c. Type III Landscaping Screen.
i. Type III landscaping is a “see-through screen” that functions as a partial visual separator to soften the appearance of parking areas and building elevations. This landscaping is typically found along street frontage or between apartment developments;
ii. Type III landscaping shall minimally consist of:
a) A mix of evergreen and deciduous trees generally interspersed throughout the landscape strip and spaced to create a continuous canopy;
b) At least 70 percent deciduous trees;
c) Trees provided at the rate of one per linear 25 feet of landscape strip and spaced no more than 30 feet apart on center;
d) Shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight feet apart on center; and
e) Groundcover pursuant to SMC 21.06.020.C.7.
2. Landscaping – Street frontages. The required width of perimeter landscaping along street frontages shall be provided as follows:
a. Twenty feet of Type II landscaping shall be provided for an institutional use, excluding playgrounds and playfields;
b. Ten feet of Type II landscaping shall be provided for an industrial development;
c. Ten feet of Type II landscaping shall be provided for an above-ground utility facility development, excluding distribution and transmission corridors, located outside a public right-of-way;
d. Ten feet of Type III landscaping shall be provided for a commercial or attached/group residence development; and
e. For single-family subdivisions:
i. Street trees shall be planted per the public works standards.
3. Landscaping – Side and rear lot lines. The required width of perimeter landscaping along the side and rear yard lot lines shall be provided as follows:
a. Twenty feet of Type I landscaping shall be included in a commercial or industrial development along any portion adjacent to a residential development;
b. Five feet of Type II landscaping shall be included in an attached/group residence development, except that along portions of the development adjacent to property developed with single detached residences or vacant property that is zoned R(1-8), the requirement shall be 10 feet of Type II landscaping;
c. Ten feet of Type II landscaping shall be included in an industrial development along any portion adjacent to a commercial or institutional development; and
d. Ten feet of Type II landscaping shall be included in an institutional use, excluding playgrounds and playfields, or an above-ground utility facility development, excluding distribution or transmission corridors, when located outside a public right-of-way.
4. Landscaping – Drainage facilities. The landscaping requirements established for detention facilities in the Sammamish Addendum to the King County Surface Water Design Manual are hereby adopted by reference and shall be mandatory for all drainage facilities not located entirely underground. The department shall review and approve proposed landscaping plans subject to the following:
a. Revisions to plans or additional landscaping requirements may be required to ensure that the proposed landscaping provides an effective screen and an enhancement to the overall appearance of the facility.
b. Trails or walkways shall be incorporated into the landscaping plan.
c. Ten feet of Type I landscaping consisting of 100 percent evergreen trees and shrubs shall be required for that portion of the perimeter of detention facilities where the slope of the detention facility exceeds 3H:1V.
5. Landscaping – Surface parking areas. Parking area landscaping shall be provided within surface parking areas with 10 or more parking stalls for the purpose of providing shade and diminishing the visual impacts of large paved areas as follows:
a. Residential developments with common parking areas shall provide planting areas at the rate of 20 square feet per parking stall;
b. Commercial, industrial, or institutional developments shall provide landscaping at a rate of:
i. Twenty square feet per parking stall when 10 to 30 parking stalls are provided; and
ii. Twenty-five square feet per parking stall when 31 or more parking stalls are provided;
c. Trees shall be provided and distributed throughout the parking area at a rate of:
i. One tree for every five parking stalls for a commercial or industrial development; and
ii. One tree for every 10 parking stalls for residential or institutional development;
d. The maximum distance between any parking stall and landscaping shall be no more than 100 feet;
e. Permanent curbs or structural barriers shall be provided to protect the plantings from vehicle overhang; and
f. Parking area landscaping shall consist of:
i. Bioretention shall be evaluated in accordance with the Surface Water Design Manual to the maximum extent feasible. Vegetated areas within parking area landscaping that function as bioretention for the treatment of stormwater runoff shall consist of the following:
a) Trees, shrubs, perennials and groundcovers tolerant of summer drought, ponding fluctuations and saturated soil conditions for prolonged lengths of time anticipated by the facility design and hydrologic conditions.
b) Plants should be tolerant of typical pollutants from surrounding surfaces, such as petroleum hydrocarbons, dissolved metals, and fertilizers.
c) Plantings should consist of native plant types; at least 15 percent of the plant palette shall be evergreen. Planting and grading for drainage features should be designed to be integrated aesthetically with the surrounding landscape and urban design elements.
d) Visual buffering, sight distances and setbacks should be considered for landscaping adjacent to roadways.
e) The planting and bioretention soil media shall consist of a bioretention soil mix in accordance with the January 2009 WSU Pierce County Extension “Bioretention Soil Mix Review and Recommendations for Western Washington,” or equivalent.
f) No plants that are included on the King County noxious weed list.
ii. Other parking area landscaping not devoted to stormwater management shall consist of the following:
a) Canopy-type deciduous trees, evergreen trees, evergreen shrubs and groundcovers planted in islands or strips;
b) Shrubs that do not exceed a maintained height of 42 inches;
c) Groundcover pursuant to SMC 21.06.020.C.7; and
d) At least 50 percent of trees are coniferous.
iii. Plantings contained in planting islands or strips shall have an area of at least 100 square feet and with a narrow dimension of no less than five feet.
6. Landscaping – General standards for all landscape areas. All new landscape areas proposed for a development shall be subject to the following provisions:
a. Berms shall not exceed a slope of two horizontal feet to one vertical foot (2:1).
b. All new turf areas, except all-weather, sand-based athletic fields, shall:
i. Be augmented with a two-inch layer of stabilized compost material or a four-inch layer of organic material with a minimum of eight percent organic material cultivated a minimum of six inches deep; or
ii. Have an existing organic content of eight percent or more to a depth of six inches as shown in a soil sample analysis. The soil analysis shall include:
a) Determination of soil texture, indicating percentage of organic matter;
b) An approximated soil infiltration rate (either measured or derived from soil/texture/infiltration rate tables). A range of infiltration rates shall be noted where appropriate; and
c) Measure pH value.
c. Landscape areas, except turf or areas of established groundcover, shall be covered with at least two inches of City-approved mulch to minimize evaporation.
d. Plants having similar water use characteristics shall be grouped together in distinct hydrozones.
e. Plant selection shall consider adaptability to climatic, geologic, and topographical conditions of the site. Preservation of existing vegetation meeting the requirements of this chapter is required where feasible.
7. Landscaping – Additional standards for required landscape areas. In addition to the general standards of SMC 21.06.020.C.6, landscape areas required pursuant to SMC 21.06.020.C.2 through 21.06.020.C.5 shall conform to the following standards:
a. All plants shall conform to American Association of Nurserymen (AAN) grades and standards as published in the “American Standard for Nursery Stock” manual; provided, that existing healthy vegetation used to augment new plantings shall not be required to meet the standards of this manual.
b. Single-stemmed trees required pursuant to this chapter shall at the time of planting conform to the following standards:
i. In parking area landscaping and in street rights-of-way:
a) Deciduous trees shall have a minimum caliper of 1.75 inches and a height of 10 feet; and
b) Coniferous and broadleaf evergreens shall be at least five feet in height;
ii. In all other required landscape areas:
a) Deciduous trees shall have a minimum caliper of 1.5 inches and a height of 10 feet; and
b) Coniferous and broadleaf evergreen trees shall be at least five feet in height.
c. Multiple-stemmed trees shall be permitted as an option to single-stemmed trees; provided, that such multiple-stemmed trees are:
i. At least six feet in height; and
ii. Not allowed within street rights-of-way.
d. When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in two or more rows.
e. Shrubs shall be:
i. At least an AAN container Class No. 2 size at time of planting in Type II, III and parking area landscaping;
ii. At least 24 inches in height at the time of planting for Type I landscaping; and
iii. Maintained at a height not exceeding 42 inches when located in Type III or parking area landscaping.
f. Groundcovers shall be planted and spaced to result in total coverage of the majority of the required landscape area within three years.
g. All fences shall be placed on the inward side of any required perimeter landscaping along the street frontage.
h. Required street landscaping may be placed within City of Sammamish street rights-of-way subject to the City of Sammamish public works standards, provided adequate space is maintained along the street line to replant the required landscaping should subsequent street improvements require the removal of landscaping within the rights-of-way.
i. Required street landscaping may be placed within Washington State rights-of-way subject to permission of the Washington State Department of Transportation.
j. New landscape material provided within areas of undisturbed vegetation or within the protected area of significant trees shall give preference to utilizing indigenous plant species.
8. Landscaping – Alternative options. The following alternative landscape options may be allowed, subject to City approval, only if they accomplish equal or better levels of screening, or when existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures, or utilities, would render application of this chapter ineffective or result in scenic view obstruction:
a. The amount of required landscape area may be reduced to ensure that the total area for required landscaping, and/or the area remaining undisturbed for the purpose of wildlife habitat or corridors does not exceed 15 percent of the net developable area of the site. For the purpose of this subsection, the net developable area of the site shall not include areas deemed unbuildable due to their location within sensitive areas and any associated buffers;
b. The average width of the perimeter landscape strip may be reduced up to 25 percent along any portion where:
i. Berms at least three feet in height or architectural barriers at least six feet in height are incorporated into the landscape design; or
ii. The landscape materials are incorporated elsewhere on-site;
c. In pedestrian district overlays, street perimeter landscaping may be waived provided a site plan, consistent with the applicable adopted area zoning document, is approved that provides street trees and other pedestrian-related amenities;
d. Landscaping standards for uses located in a rural town or rural business centers designated by the comprehensive plan may be waived or modified by the director if deemed necessary to maintain the historic character of the area. Where a local or subarea plan with design guidelines has been adopted, the director shall base the landscaping modifications on the policies and guidelines of such plan;
e. When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping material shall be incorporated on another portion of the site;
f. Single-stemmed deciduous tree species that cannot generally be planted and established in larger sizes may have a caliper of less than one and one-half inches;
g. The number of trees and shrubs to be provided in required perimeter and parking area landscaping may be reduced up to 25 percent, subject to approval by the director, when a development retains existing significant trees within required landscaping areas consistent with the provisions of SMC 21.03.060.G, Retention standards;
h. The number of trees and shrubs to be provided in required perimeter and parking area landscaping may be reduced up to 25 percent when a development uses landscaping materials consisting of species typically associated with the Puget Sound basin in the following proportions:
i. Seventy-five percent of groundcover and shrubs; and
ii. Fifty percent of trees; and
i. The department shall, pursuant to Chapter 2.55 SMC, develop and maintain an advisory listing of trees recommended for new plantings. Such list shall describe their general characteristics and suitability, and provide guidelines for their inclusion within required landscape areas.
9. Landscaping – Plan design, design review, and installation.
a. The landscape plan submitted to the department shall be drawn on the same base map as the development plans and shall identify the following:
i. Total landscape area and separate hydrozones;
ii. Landscape materials botanical/common name and applicable size;
iii. Property lines;
iv. Impervious surfaces;
v. Natural or manmade water features or bodies
vi. Existing or proposed structures, fences, and retaining walls;
vii. Natural features or vegetation left in natural state; and
viii. Designated recreational open space areas.
b. The proposed landscape plan shall be certified by a Washington State registered landscape architect, Washington State certified nurseryman, or Washington State certified landscaper.
c. An affidavit signed by an individual specified in subsection 9. of this section, certifying that the landscaping has been installed consistent with the approved landscaping plan, shall be submitted to the department within 30 days of installation completion, unless the installed landscaping has been inspected and accepted by the department.
d. The required landscaping shall be installed no later than three months after issuance of a certificate of occupancy for the project or project phase. However, the time limit for compliance may be extended to allow installation of such required landscaping during the next appropriate planting season. A financial guarantee shall be required prior to issuance of the certificate of occupancy, if landscaping is not installed and inspected prior to occupancy.
e. A tree retention plan shall be prepared and submitted separately from the proposed landscape plan; provided, that retained trees counted towards site landscaping may be identified on the landscape plan. The tree retention plan shall:
i. Be reviewed by a certified professional to ensure selection of healthy trees pursuant to SMC 21.03.060.G, Tree retention requirements; and
ii. Identify trees scheduled for future removal and/or removed within the past year, to the maximum extent feasible.
D. Garbage and trash storage design.
1. Single-family detached homes shall provide a designated location for the storage of garbage, recycling, and other waste containers. The designated location shall either be placed in an enclosure or garage, or screened so that the garbage, recycling, and other waste containers are not visible from public streets. The director may authorize an alternate storage location that will meet the purpose of SMC 21.06.010.A.
2. Residents shall return garbage, recycling, and other waste containers to their designated storage location within 24 hours after collection, or as soon as is feasible.
E. Fences. Fences are permitted as follows:
1. Fences with a height of six feet or less may be located in the rear and side yard setbacks except that fences up to eight feet in height and not exceeding 32 linear feet in length for the segment exceeding six feet along any side or rear yard line may be located in the rear and side yard setbacks. Fences exceeding six feet within the rear or side yard setback shall only be allowed when located along a side or rear yard line shared with a property under separate ownership and when an agreement with the adjoining property owner(s) has been reached resulting in an executed agreement including an approved site plan and maintenance agreement consenting to a fence of up to eight feet recorded with King County Records prior to building permit issuance. Requests for fences exceeding six feet in height shall be considered when bundled and submitted with a Type I construction permit application. Agreements shall reference the parcel number and legal description of all affected properties and conform to a format specified by the director. Provided, no fence shall exceed eight feet. Further provided, that fence height granted under this section shall not cause for a violation or non-conformance with existing site restrictions (e.g., easements) or adopted construction codes, Chapter 16.05 SMC. Fences are limited to four feet in height in the front yard setback and shall be consistent with the sight distance requirements of SMC 21.04.030.W. For corner or atypical shaped lots with more than one front yard a fence of six feet or less may be located within the front setback along the street frontage that does not provide access to the property when located outside of the vision clearance triangle and sight distance requirements of SMC 21.04.030.W.
2. Fences located on a rockery, retaining wall, or berm within a required setback area are permitted subject to the following requirements:
a. In R-1 through R-18 zones:
i. The total height of the fence and the rockery, retaining wall, or berm upon which the fence is located shall not exceed a height of 10 feet. The maximum height of 10 feet may be increased to 12 feet in accordance with subsection E.1 of this section. This height shall be measured from the top of the fence to the ground on the low side of the rockery, retaining wall or berm; and
ii. The total height of the fence itself, measured from the top of the fence to the top of the rockery, retaining wall, or berm, shall not exceed six feet. The maximum height of six feet may be increased to eight feet in accordance with subsection E.1 of this section.
iii. For a rockery, retaining wall, or berm and fence combinations to be measured independently, the fence must be placed such that there shall be a minimum of two feet of maintained setback from the back of the rockery, retaining wall, or berm.
b. In the R-18 and commercial zones, the height of the fence, measured from the top of the fence to the top of the rockery, retaining wall or berm, shall not exceed six feet.
c. Any portion of the fence above a height of eight feet, measured to include both the fence and the rockery, retaining wall, or berm (as described in subsection E.2.a.i of this section), shall be an open-work fence. The height of the solid-work style fence may be increased to 10 feet in accordance with subsection E.1 of this section.

3. Fences located on a rockery, retaining wall or berm outside required setback areas shall not exceed the building height for the zone.
4. Electric fences shall:
a. Be permitted in all zones; provided, that when placed within R-4 through R-18 zones, additional fencing or other barriers shall be constructed to prevent inadvertent contact with the electric fence from abutting property;
b. Comply with the following requirements:
i. An electric fence using an interrupted flow of current at intervals of about one second on and two seconds off shall be limited to 2,000 volts at 17 milliamp;
ii. An electric fence using continuous current shall be limited to 1,500 volts at seven milliamp;
iii. All electric fences in the R-4 through R-18 zones shall be posted with permanent signs a minimum of 36 square inches in area at 50-foot intervals stating that the fence is electrified; and
iv. Electric fences sold as a complete and assembled unit can be installed by an owner if the controlling elements of the installation are certified by an A.N.S.I. approved testing agency.
5. Except as specifically required for the necessary security related to a nonresidential use, no barbed or razor-wire fence shall be located in any R-4 through R-18 zone.
F. Trail corridors.
1. Trail corridors – Applicability. Trail easements, or tracts, of sufficient width and length consistent with the dimensional standards as defined below, shall be provided by all developments, except for single detached residential permits, when such developments are located on properties that include trail corridors shown within an adopted City parks or trails plan. In addition to the general public, the residents or tenants of the development shall be provided access to the trail easement. The area of the trail easement shall be counted as part of the site for purposes of density and floor area calculations.
2. Trail corridors – Development standards. Proposed public and private trails shall be reviewed by the department of community development for consistency with the following standards:
a. Use of Existing Corridors. Trails should generally be located along existing cleared areas or on improved corridors, including but not limited to utility corridors, road or railroad rights-of-way, so as to avoid or minimize the need to remove additional vegetation and create other associated impacts. Where an existing right-of-way is wider than the cleared or improved area, proposed trails should generally be located on the cleared or improved portion of the right-of-way wherever possible, subject to safety and other technical factors. If sensitive areas exist on or in proximity to an existing cleared or improved corridor, then impacts from constructing the trail shall be mitigated consistent with SMC 21.03.020, including the recommendations from any required sensitive areas study. Trails may be located in other areas if it is demonstrated that a new corridor creates less overall or less incremental impact to sensitive areas and habitat while still achieving overall project goals and objectives. As shown in the adopted City comprehensive plan, parks plan or trails plan, trails and corridors should connect public lands, utility corridors, or rights-of-way or other public infrastructure to maximize transportation and public recreation uses.
b. Compatibility with Adjacent Land Uses. Trails should be designed and constructed to encourage users to remain on the trail, to diminish the likelihood of trespass and to promote privacy for adjacent landowners. The applicant shall propose for the department’s review and approval the use of fencing, signage, landscaping or other appropriate means to accomplish this requirement. Any proposed lighting should be directed away from houses along the trail corridor. Safety of trail users and adjacent landowners shall be addressed through review of vehicle access and crossing locations and design. Allowed uses should be consistent with the trail types identified in an adopted city comprehensive plan, parks plan or trails plan, and/or determined through a City-approved, site-specific master planning process if applicable.
c. Width. The width of the cleared area, trail corridor, surface and shoulder should be designed consistent with AASHTO standards for public multi-use paved trails (Guide for the Development of Bicycle Facilities, 1999, as amended, American Association of State Highway and Transportation Officials), and with U.S. Forest Service standards (Trails Management Handbook, 1991, as amended, and Standard Specifications for Construction of Trails Handbook, 1984, as amended) if unpaved. Cleared areas shall be the minimum necessary consistent with the standards and requirements in the SMC.
d. Sensitive Areas and Buffers. Trail impacts to sensitive areas should be reviewed consistent with the impact avoidance and mitigation sequencing requirements of SMC 21.03.020. Mitigation of impacts is required, even for trails located on existing corridors consistent with subsection 1. of this section. Wetland and stream buffers shall be expanded to compensate for the total area of the trail corridor, including all disturbed areas located within the buffer area. No expansion shall be required for trails located on existing improved corridors, including but not limited to utility corridors, road or railroad rights-of-way, within wetland or stream buffers. Mitigation shall be required for all impacts consistent with SMC 21.03.020.
e. Location. Except for approved viewing platforms, spur trails, wetland or stream crossings proposed consistent with SMC 21.03.020, or trails located on existing corridors consistent with subsection 1. of this section, trails that are proposed in proximity to wetlands or streams or associated buffers may only be located in the outer 25 percent of the wetland or stream buffer and should be generally aligned parallel to the stream or perimeter of the wetland. Spur trails and viewing structures should be designed to minimize impacts on sensitive area and wildlife habitat. Viewing platforms shall be placed landward of the wetland or stream edge.
f. Wildlife. Trails should be designed and constructed to encourage users to remain on the trail through the use of fencing, signage, landscaping or other appropriate means to minimize impacts to wildlife and habitat. In addition to the requirements related to wildlife corridors elsewhere in the SMC, trail location, lighting, construction decisions, and requirements for use (e.g., pet leash requirements, bicycle speed limits, etc. should be guided by recommendations from sensitive areas studies to avoid, minimize and mitigate impacts to habitat for sensitive species. In a vegetation management plan developed for City review and approval consistent with SMC 21.03.020.O, all disturbed areas shall be landscaped with appropriate native vegetation upon completion of trail construction or as soon thereafter as possible. The trail maintenance entity shall ensure that such vegetation survives through an appropriate mechanism. An integrated vegetation and pest management plan shall be developed by the applicant and approved by the department that avoids or minimizes the use of pesticides, herbicides and other hazardous substances.
g. Surfacing. To promote infiltration and groundwater recharge and to minimize slope instability, trail surfaces shall be made of pervious materials. Public multi-use trails, or other trails determined by the department to require impervious surfaces, may be paved; however, pervious paving or other low-impact techniques that meet overall project goals for cost and durability are encouraged. Boardwalks may be used for areas subject to regular inundation, and should be constructed with nonhazardous materials. Impervious materials may also be used if necessary for soil stabilization or to prevent soil erosion, or if the trail is specifically designed and intended to be accessible to physically challenged persons and is identified as such in an adopted city comprehensive plan, parks plan or trails plan.
3. Trail corridors – Maintenance of trail corridors/improvements. Maintenance of any trail corridor or improvements, retained in private ownership, shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the City.
G. Outdoor lighting.
1. Applicability. This section applies to the following types of lighting:
a. All new and replacement exterior light fixtures in parking lots, and associated with commercial, institutional, and mixed-use buildings; and
b. All existing, new, or replacement security or floodlighting associated with residential uses.
2. Exemptions. The following types of lighting are exempt from the provisions of this section:
a. Seasonal decorations;
b. Lighting used under emergency conditions (e.g., searchlights, law enforcement vehicles);
c. Moving vehicle lights;
d. Underwater lighting in swimming pools;
f. Traffic control devices;
g. Lights required by state or federal law (e.g., wireless communication facility towers);
h. Temporary lighting for construction sites, special events (e.g., theatrical performances, community events); and
i. Other lighting of a similar nature as approved by the director.
3. Standards.
a. Security or Floodlighting Fixtures Associated with Single-Family Residences and Townhouses.
i. Lighting fixtures shall be properly aimed and installed in a manner that causes minimal or no light trespass onto adjacent properties;
ii. Lighting fixtures shall not exceed 1,260 lumens, unless the lighting fixture is fully shielded; and
iii. Motion sensors associated with security or floodlighting shall not be activated by off-site movement.
b. Parking Lots.
i. Lighting fixtures shall be partially shielded so that minimal light is emitted above a horizontal plane, and shall be installed and maintained in a way that causes minimal or no light trespass onto adjacent properties.
ii. Outdoor lighting shall not exceed 5.0 lumens per square foot of parking lot surface and pedestrian walkway. Requests for additional lighting may be considered with the approval of the director.
iii. Lighting fixtures shall be no more than 25 feet tall, with lower light fixtures preferable so as to maintain a human scale. Requests for higher light fixtures may be considered with the approval of the director.
iv. Site light fixtures shall be designed to use metal halide or LED light sources unless an alternative is approved by the director.
v. Solar-powered and high-energy-efficient lighting is encouraged. The director may allow flexibility level standards for solar-powered lights.
vi. Motion-sensing lighting is encouraged. The director may allow flexibility with outdoor lighting standards when motion-sensing technology is used.
c. Commercial, Institutional, and Mixed-Use Buildings.
i. Outdoor light fixtures shall be fully shielded, pointed downward, and should be maintained in a way that causes minimal or no light trespass onto adjacent properties.
ii. Outdoor lighting shall not exceed 5.0 lumens per square foot of hardscape outside the building structure. Requests for additional lighting may be considered with the approval of the director.
iii. Exceptions.
a) One partially shielded light fixture or sconce is allowed if it is located beneath a building overhang and will generate less than 630 lumens;
b) Landscape/accent lighting; provided, that the combined output of the light fixture does not exceed 2,100 lumens;
c) Motion-sensor lighting that extinguishes the light no more than 15 minutes after the area is vacated.
iv. Outdoor lighting shall not exceed 5.0 lumens per square foot of hardscape. Requests for additional lighting may be considered with the approval of the director. Except:
a) Drive-up windows may add 8,000 lumens per drive-up window. In order to use this allowance, light fixtures must be within 20 feet horizontal distance of the center of the window.
b) Vehicle service stations may add lighting that results in a total of 16,000 lumens per fuel pump.
v. Site lighting shall be metal halide or LED unless an alternative is approved by the director.

H. Maintenance.
1. All landscaping shall be maintained for the life of the project, including water conservation practices for turf grass such as annual aeration and dethatching, top dressing and overseeding;
2. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure;
3. With the exception of dead, diseased or damaged trees specifically retained to provide wildlife habitat, other dead, diseased, damaged or stolen plantings shall be replaced within three months or during the next planting season if the loss does not occur in a planting season; and
4. Landscape areas shall be kept free of trash.
I. Financial guarantees. Financial guarantees shall be required consistent with the provisions of SMC Title 27A. This time period may be extended to one year by the director, if necessary to cover a planting and growing season.
J. Water use and irrigation.
1. Water use – Applicability of water budget for landscape areas. Irrigation systems of any type are optional components of a landscape area. However, a water budget for irrigation purposes shall be established for all new development, except for:
a. Individually platted single dwelling (attached or detached) residential lots; provided, that developer-installed landscaping in common areas of residential projects is not exempt; and
b. Any project with a total landscaped area less than 500 square feet.
2. Water use – Irrigation water budget calculated.
a. The water budget (WB) allocation shall be calculated using the following formula:
WB = (ETo) x (AF) x (LA) x (CF)
Eto: Referenced evapotranspiration rate (net seasonal irrigation requirement in inches; see table below)
AF: Adjustment factor value of 0.8 (i.e., 0.5 x (Eto)/0.625 irrigation efficiency coefficient)
LA: Landscape area (square feet)
CF: Conversion factor value of 0.62 (Eto inches to gallons per square foot)
Reference to Table - Historical Data* | |
|---|---|
Month | Monthly Net Irrigation Requirements (in.) |
January | .00 |
February | .00 |
March | .00 |
April | .00 |
May | 1.59 |
June | 3.13 |
July | 4.46 |
August | 3.51 |
September | 1.77 |
October | .03 |
November | .00 |
December | .00 |
Season total | 14.49 |
*These figures are based on a 30-year average of National Weather Service Data and represent the amount of additional irrigation required for turf grass. The figures are adjusted for turf typically used in commercial landscaping.
b. The City shall periodically undertake an evaluation of the WB calculation formula outlined in subsection 2. of this section. The evaluation shall include a recommendation to retain or modify the adjustment factor or components thereof, and shall be made in consultation with groups including landscape professionals and water purveyors.
c. The water budget will be calculated upon the total area of the site in landscape areas and in landscape water features (such as decorative ponds, pools or fountains) that are fed by irrigation water. For the purpose of calculating the water budget, “landscape area” shall mean the entire parcel, less:
i. Sensitive areas and their buffers;
iii. Driveways;
iv. Paved portions of parking lots; and
v. Hardscapes (e.g., decks, patios, sidewalks, and other nonporous areas).
d. Areas such as playgrounds, sport fields, golf courses, school yards, or other recreational spaces where the turf provides a playing surface or serves other recreational purposes may be allowed additional water beyond the calculated water budget. In order to receive additional water for such turf areas, the applicant shall submit a statement designating such turf areas for recreational purposes and specifying additional water needs above the water budget. This additional water need will be based upon the Eto information for the turfgrass species or species mix used in such turf areas.
e. Landscape water features shall not use potable water unless the water feature recirculates water used in its operation.
f. The irrigation water use may be monitored by the water purveyor after the date of release of the performance bond.
g. Alternative water sources such as recycled wastewater or rainwater are encouraged. Such water sources shall not be subject to the limits of the water budget.
3. Water use – Estimated water use calculated. The estimated water use shall be calculated using the following provisions.
a. Estimated water use (EWU) shall be calculated for each hydrozone by using the following formula:
EWU = (Eto) x (PF) x (HA) x (CF)
IE
Eto: Referenced evapotranspiration rate (net seasonal irrigation requirement in inches. See table in SMC 21.06.020.J.2)
PF: Plant factor value (see subsection 3.b. of this section)
HA: Hydrozone area (square feet)
CF: Conversion factor value of 0.62 (Eto inches to gallons per square foot)
IE: Irrigation efficiency value
b. Plant factor values shall be as follows, but may be adjusted pursuant to subsection 3. of this section:
0 to 0.3 for low water use plants
0.4 to 0.6 for average water use plants
0.7 to 1.0 for high water use plants
c. For each hydrozone, plant factor values may be determined and adjusted by the designer (based on professional judgment and applicable reference materials) considering the relevant factors such as:
i. Water requirements of the various plant species proposed;
ii. Density of the plantings;
iii. Microclimate of the site; and
iv. Soil conditions.
4. Water use – Irrigation efficiency goals and system design standards. For purposes of this section, irrigation shall include any means of applying water to landscaped areas. All irrigation is at the applicant’s option. Manually applied irrigation methods shall comply with subsections 1. and 2. of this section. Irrigation applied through installed irrigation systems shall comply with subsections 1. through 3. of this section:
a. Irrigation water shall be applied with goals of avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, and impervious surfaces by:
i. Considering soil type and infiltration rates;
ii. Using proper irrigation equipment and schedules, including features such as repeat cycles, to closely match application rates with infiltration rates; and
iii. Considering special problems posed by irrigation on slopes and in median strips.
b. All irrigation water outlets, except those using alternative water sources, shall be downstream of the meter used to measure irrigation water use.
c. Irrigation systems shall be subject to the following additional provisions:
i. Systems shall not be located on any:
a) Turfgrass slopes exceeding a slope of three horizontal feet to one vertical foot (3:1); and
b) Turfgrass portions of median strips less than eight feet width.
ii. Systems in landscape strips less than five feet in width shall be designed to ensure that overspray and/or runoff does not occur by use of system design options such as low volume emitters or microspray systems.
iii. Systems shall be designed to be consistent with the requirements of the hydrozone in which they are located.
iv. Systems shall be designed with the minimum average irrigation efficiency of 0.625 for spray type and 0.925 for low volume, low pressure emitter type systems.
v. The use of automatic shutoff or override capabilities using rain shutoffs or moisture sensors is encouraged.
vi. Systems shall utilize a master control valve connected to an automatic controller.
vii. Systems shall make provisions for winterization either by providing:
a) Manual drains (automatic drain valves are not permitted at all low points); or
b) Means to blow out lines with pressurized air.
viii. Separate valves shall be used to irrigate plants with differing water needs.
ix. Sprinkler heads with consistent application rates shall be selected for proper area coverage, operating pressure, and adjustment capability.
5. Water use – Irrigation system design, design review and audit at installation.
a. Irrigation plan design shall be certified by an Irrigation Association (IA) certified designer or a registered landscape architect or professional engineer with irrigation design experience.
b. The irrigation system must be audited and accepted at installation by an IA-certified irrigation auditor.
6. Water use – Irrigation design plan contents. Proposed irrigation system design plans shall be drawn on the same base project map as the landscape plan and shall identify:
a. Location and size of any proposed separate water meters for the landscape serving commercial, multifamily, school, church, or recreation land uses only;
b. Location, type, and size of all components of the irrigation system;
c. Static water pressure at the point of connection to the water supply;
d. Flow rate (gallons per minute), application rates (inches per hour), and design operating pressure (PSI) for each station; and
e. Cross connection prevention and/or backflow prevention device in accordance with state standards.
7. Water use – Irrigation schedules. Irrigation schedules consistent with the following shall be submitted:
a. A recommended irrigation program with monthly irrigation schedules based, at a minimum on average monthly Eto, shall be required for before and after establishment.
b. The irrigation schedule shall:
i. Include for each station the run time (in minutes per cycle) and cycles per week;
ii. Indicate the amount of applied water (in the applicable billing unit used by a purveyor);
iii. Incorporate use of evapotranspiration data reflecting local microclimates;
iv. Be adjusted for additional water need in recreational areas;
v. Incorporate additional operating criteria such as avoiding irrigation at times of high temperatures or winds.
8. Water use – Irrigation system maintenance. Irrigation systems shall be maintained and inspected periodically to assure proper functioning and in compliance with the calculated water budget for the system. Replacement of components shall be of originally specified parts or materials, or their equivalents. (Ord. O2025-583 § 2 (Att. A.9); Ord. O2021-540 § 2 (Att. A))
A. Purpose. The purpose of this chapter is to provide adequate parking for all uses allowed in this Title, to reduce demand for parking by encouraging alternative means of transportation including public transit, rideshare and bicycles, and to increase pedestrian mobility in urban areas by:
1. Setting minimum off-street parking standards for different land uses that assure safe, convenient and adequately sized parking facilities within activity centers;
2. Providing incentives to rideshare through preferred parking arrangements;
3. Providing for parking and storage of bicycles;
4. Providing safe direct pedestrian access from public rights-of-way to structures and between developments; and
5. Requiring uses that attract large numbers of employees or customers to provide transit stops.
B. Authority and application.
1. Before an occupancy permit may be granted for any new or enlarged building or for a change of use in any existing building, the use shall be required to meet the provisions of this chapter.
2. If this chapter does not specify a parking requirement for a land use, the director shall establish the minimum requirement based on a study of anticipated parking demand. Transportation demand management actions taken at the site shall be considered in determining anticipated demand. If the site is located in an activity center or community business center, the minimum requirement shall be set at a level less than the anticipated demand, but at no less than 75 percent of the anticipated demand. In the study the applicant shall provide sufficient information to demonstrate that the parking demand for a specific land use will be satisfied. Parking studies shall be prepared by a professional engineer with expertise in traffic and parking analyses, or an equally qualified individual as authorized by the director.
3. If the required amount of off-street parking has been proposed to be provided off-site, the applicant shall provide written contracts with affected landowners showing that required off-street parking shall be provided in a manner consistent with the provisions of this chapter. The contracts shall be reviewed by the director for compliance with this chapter, and if approved, the contracts shall be recorded with the King County records and elections division as a deed restriction on the title to all applicable properties. These deed restrictions may not be revoked or modified without authorization by the director.
C. Computation of required off-street parking spaces.
1. Except as modified in SMC 21.06.030.J.2 through J.4, off-street parking areas shall contain at a minimum the number of parking spaces as stipulated in the following table. Off-street parking ratios expressed as number of spaces per square feet means the usable or net square footage of floor area, exclusive of nonpublic areas. Nonpublic areas include but are not limited to building maintenance areas, storage areas, closets or restrooms. If the formula for determining the number of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down.
Off-Street Parking Minimums | |
|---|---|
Land Use | Minimum Parking Spaces Required |
Residential | |
Single detached | 2.0 per DU |
Apartment: | |
Studio units | 1.2 per DU |
One bedroom units | 1.5 per DU |
Two bedroom units | 1.7 per DU |
Three bedroom units or larger | 2.0 per DU |
2.0 per DU | |
1 per 4 sleeping units | |
1 per 4 dwellings or sleeping units | |
1 per 4 bedrooms | |
Hotel/motel, including organizational hotel/lodging | 1 per bedroom |
1 per guest room, plus 2 per facility | |
Exceptions: | |
Middle housing overlay district | See MHO district standards for parking |
No parking required | |
Affordable housing developments for 50% AMI and below | No parking required |
Affordable housing developments for above 50% AMI to 100% AMI | 1.0 per DU |
Recreational/Cultural | |
Recreation/culture uses | 1 per 300 square feet |
Exceptions: | |
Bowling center | 5 per lane |
3 per hole, plus 1 per 300 square feet of clubhouse facilities | |
Tennis club | 4 per tennis court, plus 1 per 300 square feet of clubhouse facility |
Golf driving range | 1 per tee |
Park/playfield | (Director) |
1 per 3 fixed seats | |
1 per 3 fixed seats, plus 1 per 50 square feet used for assembly purposes without fixed seats, or 1 per bedroom, whichever results in the greater number of spaces | |
General Services | |
General service uses | 1 per 300 square feet |
Exceptions: | |
Funeral home/crematory | 1 per 50 square feet of chapel area |
Daycare I | 2 per facility |
Daycare II | 2 per facility, plus 1 space for each 20 children |
1 per 5 fixed seats, plus 1 per 50 square feet of gross floor area without fixed seats used for assembly purposes | |
Outpatient and veterinary clinic offices | 1 per 300 square feet of office, labs and examination rooms |
Nursing and personal care facilities | 1 per 4 beds |
Hospital | 1 per bed |
Elemetary schools | 1 per classroom, plus 1 per 50 students |
Middle/junior high schools | 1 per classroom, plus 1 per 50 students |
1 per classroom, plus 1 per 10 students | |
High schools with stadiums | Greater of 1 per classroom plus 1 per 10 students, or 1 per 3 fixed seats in stadium |
1 per classroom, plus 1 per 5 students | |
1 per classroom, plus 1 per 2 students | |
0.9 per 1,000 square feet of area used for studios | |
Government/Business Services | |
Government/business service uses | 1 per 300 square feet |
Exceptions: | |
1 per 300 square feet of offices, plus 0.9 per 1,000 square feet of indoor storage or repair areas | |
0.9 per 1,000 square feet of storage area, plus 1 per 50 square feet of waiting/reviewing areas | |
Courts | 3 per courtroom, plus 1 per 50 square feet of fixed seat or assembly areas |
Police facilities | (Director) |
Fire facilities | (Director) |
1 per 300 square feet of office, plus 1 per 3,000 square feet of storage area | |
Warehousing and storage | 1 per 300 square feet of office, plus 0.9 per 1,000 square feet of storage area |
Self-service and storage | 1 per 3,500 square feet of storage area, plus 2 for any resident director’s unit |
Outdoor advertising services | 1 per 300 square feet of office, plus 0.9 per 1,000 square feet of storage area |
Heavy equipment repair | 1 per 300 square feet of office, plus 0.9 per 1,000 square feet of indoor repair areas |
Office | 1 per 300 square feet |
Retail/Wholesale | |
Retail trade uses | 1 per 300 square feet |
Exceptions: | |
Food stores, less than 15,000 square feet | 3, plus 1 per 350 square feet |
Gasoline service stations w/o grocery | 3 per facility, plus 1 per service bay |
Gasoline service stations w/ grocery, no service bays | 1 per facility, plus 1 per 300 square feet of store |
Restaurants | 1 per 75 square feet in dining or lounge areas |
Wholesale trade uses | 0.9 per 1,000 square feet |
Retail and wholesale trade mixed use | 1 per 300 square feet |
Manufacturing | |
Manufacturing uses | 0.9 per 1,000 square feet |
Winery/brewery | 0.9 per 1,000 square feet, plus 1 per 50 square feet of tasting area |
Resources | |
Resource uses | (Director) |
Regional | |
Regional uses | (Director) |
2. An applicant may request a modification of the minimum required number of parking spaces by providing that parking demand can be met with a reduced parking requirement. In such cases, the director may approve a reduction of up to 50 percent of the minimum required number of spaces.
3. No minimum parking is required for transit-adjacent sites as follows:
a. Single-family, ADUs, and middle housing within one-quarter mile of an existing or planned transit stop.
b. Co-living, dormitory, and senior assisted housing within one-quarter mile of an existing or planned transit stop.
4. When the City has received a shell building permit application, off-street parking requirements shall be based on the possible tenant improvements or uses authorized by the zone designation and compatible with the limitations of the shell permit. When the range of possible uses result in different parking requirements, the director will establish the amount of parking based on a likely range of uses.
5. Where other provisions of this code stipulate maximum parking allowed or reduced minimum parking requirements, those provisions shall apply.
6. In any development required to provide six or more parking spaces, bicycle parking shall be provided. Bicycle parking shall be bike rack or locker-type parking facilities unless otherwise specified.
a. Off-street parking areas shall contain at least one bicycle parking space for every 12 spaces required for motor vehicles except as follows:
i. The director may reduce bike rack parking facilities for patrons when it is demonstrated that bicycle activity will not occur at that location.
ii. The director may require additional spaces when it is determined that the use or its location will generate a high volume of bicycle activity. Such a determination will include but not be limited to the following uses:
a) Park/playfield;
b) Marina;
c) Library/museum/arboretum;
d) Elementary/secondary school;
e) Sports club; or
f) Retail business (when located along a developed bicycle trail or designated bicycle route).
b. Bicycle facilities for patrons shall be located within 100 feet of the building entrance and shall be designed to allow either a bicycle frame or wheels to be locked to a structure attached to the pavement.
c. All bicycle parking and storage shall be located in safe, visible areas that do not impede pedestrian or vehicle traffic flow, and shall be well lit for nighttime use.
d. When more than 10 people are employed on site, enclosed locker-type parking facilities for employees shall be provided. The director shall allocate the required number of parking spaces between bike rack parking and enclosed locker-type parking facilities.
e. One indoor bicycle storage space shall be provided for every two dwelling units in townhouse and apartment residential uses, unless individual garages are provided for every unit. The director may reduce the number of bike rack parking spaces if indoor storage facilities are available to all residents.
D. Shared parking requirements. The amount of off-street parking required by SMC 21.06.030.C may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided:
1. The total parking area exceeds 5,000 square feet;
2. The parking facilities are designed and developed as a single on-site common parking facility, or as a system of on-site and off-site facilities, if all facilities are connected with improved pedestrian facilities and no building or use involved is more than 800 feet from the most remote shared facility;
3. The amount of the reduction shall not exceed 10 percent for each use, unless:
a. The normal hours of operation for each use are separated by at least one hour; or
b. A parking demand study is prepared by a professional traffic engineer and submitted by the applicant documenting that the hours of actual parking demand for the proposed uses will not conflict and those uses will be served by adequate parking if shared parking reductions are authorized;
c. The director will determine the amount of reduction subject to subsection 4. of this section;
4. The total number of parking spaces in the common parking facility is not less than the minimum required spaces for any single use;
5. A covenant or other contract for shared parking between the cooperating property owners is approved by the director. This covenant or contract must be recorded with King County records and elections division as a deed restriction on both properties and cannot be modified or revoked without the consent of the director; and
6. If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the director or provide the full amount of required off-street parking for each use, in accordance with the requirements of this chapter, unless a satisfactory alternative remedy is approved by the director.
E. Attached Dwellings and Group Residences—Vehicular Access and Parking Location.
1. On sites abutting an alley constructed to a width of at least 20 feet, apartment and middle housing development, STEP housing, and all group residences must have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the director due to physical site limitations.
2. When alley access is provided, no additional driveway access from the public street shall be allowed except as necessary to access parking under the structure or for fire protection.
3. When the number of uncovered common parking spaces for attached dwellings and group residences exceed 30 spaces and when there is alley access, no more than 50 percent of these uncovered parking spaces shall be permitted between the street property line and any building, except when authorized by the director due to physical site limitations.
F. Exceptions for Senior Assisted Housing.
1. The minimum requirement of one off-street parking space per four senior assisted housing units or sleeping units may be reduced by up to 50 percent, as determined by the Director based on the following considerations:
a. Availability of private, convenient transportation services to meet the needs of the residents;
b. Accessibility to and frequency of public transportation; and
c. Pedestrian access to health, medical, and shopping facilities.
2. If a senior assisted housing facility is no longer used for such purposes, additional off-street parking spaces shall be required in compliance with this chapter prior to the issuance of a new certificate of occupancy.
G. Parking for New Lots Created Under SMC 21.02.060. All new residential lots, created pursuant to the provisions of SMC 21.02.060 and located within the R-4 and R-6 zones, shall provide one on-street parking space along the street frontage of each lot within the project’s public or private streets. If, through demonstration of design alternatives considered by the applicant, on-street parking is proven infeasible, required parking may be permitted in alternative locations in the following order of preference: within a common shared space to be managed by the homeowners’ association; or within the driveway that services each new lot. All new residential lots are also eligible for an off-street parking relief provided the parking study requirements are met in subsection S of this section.
H. Parking for the disabled. Off-street parking and access for physically disabled persons shall be provided in accordance with the regulations adopted pursuant to Chapter 19.27 RCW, State Building Code, and Chapter 70.92 RCW, Public Buildings – Provisions for Aged and Disabled.
I. Electric vehicle parking stations—Provisions for. Where electric vehicle charging stations are provided in parking lots or parking garages, accessible electric vehicle charging stations shall be provided as follows:
1. Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table:
EV Charging Station Provision | |
|---|---|
Number of EV Charging Stations | Minimum Accessible EV Charging Stations |
1 - 50 | 1 |
51 - 100 | 2 |
101 - 150 | 3 |
151 - 200 | 4 |
201 - 250 | 5 |
251 - 300 | 6 |
2. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. Below are two options for providing for accessible electric vehicle charging stations.


J. Loading space requirements.
1. Every nonresidential building engaged in retail, wholesale, manufacturing, or storage activities, excluding self-service storage facilities, shall provide loading spaces in accordance with the standards listed below:
Loading Space Requirements | |
|---|---|
Gross Floor Area | Required Number of Loading Spaces |
10,000 to 16,000 square feet | 1 |
16,001 to 40,000 square feet | 2 |
40,001 to 64,000 square feet | 3 |
64,001 to 96,000 square feet | 4 |
96,001 to 128,000 square feet | 5 |
128,001 to 160,000 square feet | 6 |
160,001 to 196,000 square feet | 7 |
For each additional 36,000 square feet | 1 additional |
2. Every building engaged in hotel, office building, restaurant, hospital, auditorium, convention hall, exhibition hall, sports arena/stadium or other similar use shall provide loading spaces in accordance with the standards listed below:
Loading Space Requirements | |
|---|---|
Gross Floor Area | Required Number of Loading Spaces |
40,000 to 60,000 square feet | 1 |
60,001 to 160,000 square feet | 2 |
160,001 to 264,000 square feet | 3 |
264,001 to 388,000 square feet | 4 |
388,001 to 520,000 square feet | 5 |
520,001 to 652,000 square feet | 6 |
652,001 to 784,000 square feet | 7 |
784,001 to 920,000 square feet | 8 |
For each additional 140,000 square feet | 1 additional |
3. Each loading space required by this section shall be a minimum of 10 feet wide, 30 feet long, and have an unobstructed vertical clearance of 14 feet six inches, and shall be surfaced, improved and maintained as required by this chapter. Loading spaces shall be located so that trucks shall not obstruct pedestrian or vehicle traffic movement or project into any public right-of-way. All loading space areas shall be separated from parking areas and shall be designated as truck loading spaces.
4. Any loading space located within 100 feet of areas zoned for residential use shall be screened and operated as necessary to reduce noise and visual impacts. Noise mitigation measures may include architectural or structural barriers, beams, walls, or restrictions on the hours of operation.
5. Multi-story self-service storage facilities shall provide two loading spaces, and single story facilities one loading space, adjacent to each building entrance that provides common access to interior storage units. Each loading berth shall measure not less than 25 feet by 12 feet with an unobstructed vertical clearance of 14 feet six inches, and shall be surfaced, improved and maintained as required by this chapter. Any floor area additions or structural alterations to a building shall be required to provide loading space or spaces as set forth in this chapter.
K. Stacking spaces for drive-through facilities.
1. A stacking space shall be an area measuring eight feet by 20 feet with direct forward access to a service window of a drive-through facility. A stacking space shall be located to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other parking space areas. Stacking spaces for drive-through or drive-in uses may not be counted as required parking spaces.
2. Uses providing drive-up or drive-through services shall provide vehicle stacking spaces as follows:
a. For each drive-through lane of a bank/financial institution, business service, or other drive-through use not listed, a minimum of five stacking spaces shall be provided; and
b. For each drive-through lane of a restaurant, a minimum of seven stacking spaces shall be provided.
L. Transit and rideshare provisions.
1. All land uses listed in SMC 21.05.010.P (government/business services), and in SMC 21.05.010.T (manufacturing), hospitals, high schools, vocational schools, universities, and specialized instruction schools shall be required to reserve one parking space of every 20 required spaces for rideshare parking as follows:
a. The parking spaces shall be located closer to the primary employee entrance than any other employee parking except disabled;
b. Reserved areas shall have markings and signs indicating that the space is reserved; and
c. Parking in reserved areas shall be limited to vanpools and carpools established through rideshare programs by public agencies and to vehicles meeting minimum rideshare qualifications set by the employer.
2. The director may reduce the number of required off-street parking spaces when one or more scheduled transit routes provide service within 660 feet of the site. The amount of reduction shall be based on the number of scheduled transit runs between 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m. each business day up to a maximum reduction as follows:
a. Four percent for each run serving land uses in SMC 21.05.010.P (government/business services) and SMC 21.05.010.T (manufacturing) up to a maximum of 40 percent; and
b. Two percent for each run serving land uses in SMC 21.05.010.N (recreation/culture), SMC 21.05.010.O (general services) and SMC 21.05.010.S (retail/wholesale) up to a maximum of 20 percent; and
3. All uses that are located on an existing transit route and are required under the computation for required off-street parking spaces in SMC 21.06.030.C.1 to provide more than 200 parking spaces may be required to provide transit shelters, bus turnout lanes or other transit improvements as a condition of permit approval. Uses that reduce required parking under subsection 2. of this section shall provide transit shelters if transit routes adjoin the site.
M. Pedestrian and bicycle circulation and access.
1. Nonresidential Uses. All permitted nonresidential uses shall provide pedestrian and bicycle access within and onto the site. Access points onto the site shall be provided a. approximately every 800 to 1,000 feet along existing and proposed perimeter sidewalks and walkways; and b. at all arrival points to the site, including abutting street intersections, crosswalks, and transit stops. In addition, access points to and from adjacent lots shall be coordinated to provide circulation patterns between developments.
2. Residential Uses.
a. All permitted residential uses of five or more dwelling units shall provide pedestrian and bicycle access within and onto the site. Access points onto the site shall be provided i. approximately every 800 to 1,000 feet along existing and proposed perimeter sidewalks and walkways, and ii. at all arrival points to the site, including abutting street intersections, crosswalks, and transit and school bus stops. In addition, access points to and from adjacent lots shall be coordinated to provide circulation patterns between sites.
b. Residential uses of five or more dwelling units shall provide for nonmotorized circulation between cul-de-sacs or groups of buildings to allow pedestrian and bicycle access within and through the development to adjacent activity centers, parks, common tracts, dedicated open space intended for active recreation, schools or other public facilities, transit and school bus stops, and public streets.
c. Access shall only be required to school bus stops that are within or adjacent to a proposed residential use of five or more dwelling units and that are identified by the affected school district in response to a notice of application. In order to allow school districts to identify school bus stops, the department shall send a notice of application to affected school districts on all applications for residential uses of five or more dwelling units.
3. Walkways shall form an on-site circulation system that minimizes the conflict between pedestrians and traffic at all points of pedestrian access to on-site parking and building entrances. Walkways shall be provided when the pedestrian access point onto the site, or any parking space, is more than 75 feet from the building entrance or principal on-site destination and as follows:
a. All developments that contain more than one building shall provide walkways between the principal entrances of the buildings;
b. All nonresidential buildings set back more than 100 feet from the public right-of-way shall provide for direct pedestrian access from the building to buildings on adjacent lots; and
c. Walkways across parking areas shall be located as follows:
i. Walkways running parallel to the parking rows shall be provided for every six rows. Rows without walkways shall be landscaped or contain barriers or other means to encourage pedestrians to use the walkways; and

ii. Walkways running perpendicular to the parking rows shall be no further than 20 parking spaces. Landscaping, barriers or other means shall be provided between the parking rows to encourage pedestrians to use the walkways.

4. Pedestrian and bicycle access and walkways shall meet the following minimum design standards:
a. Access and walkways shall be well lit and physically separated from driveways and parking spaces by landscaping, berms, barriers, grade separation, or other means to protect pedestrians from vehicular traffic;
b. Access and walkways shall be a minimum of 48 inches of unobstructed width and meet the surfacing standards of the City of Sammamish public works standards for walkways or sidewalks;
c. The minimum standard for walkways required to be accessible for persons with disabilities shall be designed and constructed to comply with the current State Building Code regulations for barrier-free accessibility;
d. A crosswalk shall be required when a walkway crosses a driveway or a paved area accessible to vehicles.
5. Blocks in excess of 660 feet shall be provided with a crosswalk at the approximate midpoint of the block.
6. The director may waive or modify the requirements of this section when:
a. Existing or proposed improvements would create an unsafe condition or security concern;
b. There are topographical constraints or existing or required structures effectively block access;
c. The site is in a rural area outside of or not contiguous to an activity center, park, common tract, dedicated open space, school, transit stop, or other public facility;
d. The land use would not generate the need for pedestrian or bicycle access; or
e. The public is not allowed access to the subject land use.
The director’s waiver may not be used to modify or waive the requirements of this section relating to sidewalks and safe walking conditions for students.
7. The provisions of this section shall not apply on school district property.
N. Off-Street Parking Plan Design Standards.
1. Off-street parking areas shall not be located more than 600 feet from the building they are required to serve for all uses except those specified below; where the off-street parking areas do not abut the buildings they serve, the required maximum distance shall be measured from the nearest building entrance that the parking area serves:
a. For all single detached dwellings the parking spaces shall be located on the same lot they are required to serve;
b. For all other residential dwellings at least a portion of off-street parking areas must be located within 150 feet from the building(s) they are required to serve. On-street parking stalls must be located within 600 feet from the building(s) they are required to serve;
c. For all nonresidential uses permitted in residential zones, at least a portion of off-street parking areas must be located within 150 feet from the nearest building entrance they are required to serve. On-street parking stalls must be located within 600 feet from the nearest building entrance they are required to serve;
d. In designated activity, community business, and neighborhood business centers, parking lots should be located to the rear or sides of buildings, when feasible;
e. Parking lots must be so arranged as to permit the internal circulation of vehicles between parking aisles without re-entering adjoining public streets; and
f. Parking for people with disabilities must be provided in accordance with subsection H of this section.
2. The minimum parking space and aisle dimensions for the most common parking angles are shown on the chart below. For parking angles other than those shown on the chart, the minimum parking space and aisle dimensions must be determined by the Director. Regardless of the parking angle, one-way aisles must be at least 10 feet wide, and two-way aisles must be at least 20 feet wide. If dead-end aisles are used in the parking layout, they must be constructed as two-way aisles. Parking plans for angle parking shall use space widths no less than eight feet for a standard or compact car parking space design.
Minimum Parking Stall and Aisle Dimensions | |||||
|---|---|---|---|---|---|
A | B | C | D | E | |
Parking Angle | Stall width | Curb length | Curb depth | Aisle one-way | Aisle two-way |
0 | 8.0 | 20.0 | 8.0 | 12.0 | 20.0 |
30 | 8.0 | 16.0 | 15.0 | 10.0 | 20.0 |
45 | 8.0 | 11.5 | 17.0 | 12.0 | 20.0 |
60 | 8.0 | 9.6 | 18.0 | 18.0 | 20.0 |
90 | 8.0 | 8.0 | 16.0 | 24.0 | 24.0 |

3. Any parking spaces abutting a required landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe.
4. The parking space depth may be reduced when vehicles overhang a walkway or landscaping under the following conditions:
a. Wheelstops or curbs are installed;
b. The remaining walkway provides a minimum of 48 inches of unimpeded passageway for pedestrians;
c. The amount of space depth reduction is limited to a maximum of 18 inches; and
d. Landscaping is designed in accordance with SMC 21.06.020.C.5.e.
5. Driveways providing ingress and egress between off-street parking areas and abutting streets shall be designed, located and constructed in accordance with the provisions of the City of Sammamish public works standards as adopted by SMC 21.08.010. Driveways for single detached dwellings, no more than 20 feet in width, may cross required setbacks or landscaped areas in order to provide access between the off-street parking areas and the street, provided no more than 15 percent of the required landscaping or setback area is eliminated by the driveway. Joint use driveways may be located within required landscaping or setback areas. Driveways for all other developments may cross or be located within required setbacks or landscaped areas in order to provide access between the off-street parking areas and the street, provided no more than 10 percent of the required landscaping is displaced by the driveway and the driveway is located no closer than five feet from any property line except where intersecting the street.
6. Parking spaces required per this Chapter shall be located as follows:
a. For single detached dwelling units the required parking spaces shall be outside of any required setbacks or landscaping, provided driveways crossing setbacks and required landscaping may be used for parking. However, if the driveway is a joint use driveway, no vehicle parked on the driveway shall obstruct any joint user’s access to the driveway or parking spaces;
b. For all other developments parking spaces may be permitted by the director in setback areas pursuant to an approved landscape plan; and
c. For nonresidential uses in residential zones, parking is permitted in setback areas.
7. Lighting shall be provided for safety of traffic and pedestrian circulation on the site. It shall be designed to minimize direct lighting of abutting properties and adjacent streets and pursuant to the provisions of SMC 21.06.020.G. The director shall have the authority to waive the requirement to provide lighting.
8. Tandem or end-to-end parking is allowed in residential developments at a rate of one space for every 20 linear feet. Apartment and middle housing developments may have tandem parking areas for each dwelling unit but must not combine parking for separate dwelling units in tandem parking areas.
9. All vehicle parking and storage for residential dwellings may be provided unenclosed on an approved surface in subsection O of this section. A garage or carport is not required. Any impervious surface used for vehicle parking or storage must have direct and unobstructed driveway access.
10. The total number of vehicles parked or stored outside of a building on a single-family lot in the R-4 through R-8 zones, excluding recreational vehicles and trailers, shall not exceed six vehicles on lots 12,500 square feet or less and eight vehicles on lots greater than 12,500 square feet.
11. Vanpool/carpool parking areas shall meet the following minimum design standards:
a. A minimum vertical clearance of seven feet three inches shall be provided to accommodate van vehicles if designated vanpool/carpool parking spaces are located in a parking structure; and
b. A minimum turning radius of 26 feet four inches with a minimum turning diameter (curb to curb) of 52 feet five inches shall be provided from parking aisles to adjacent carpool/vanpool parking spaces.
12. Direct access from the street right-of-way to off-street parking areas shall be subject to the requirements of SMC 21.06.040.G.
13. No dead-end alley may provide access to more than eight off-street parking spaces.
14. Any parking stalls located in enclosed buildings must be totally within the enclosed building.
15. Parking lot design for nonresidential uses located in the R-1, R-4, R-6, and R-8 zoning designations shall be designed pursuant to the provisions of SMC 21.05.010.M.
16. Daycare I facilities shall provide sufficient area for the loading and unloading of passengers. This area shall:
a. Allow access to the entrance of the daycare I without crossing a street or travelway, and one of the following, in order of preference:
i. Be located off street, i.e., not within a public right-of-way or access easement; or
ii. Be located on street, outside of travel lanes, and adjacent to the daycare I; provided, that on-street loading and unloading of passengers is only allowed on local streets.
b. All off-street loading spaces shall be designed and constructed consistent with this chapter. All on-street loading spaces shall be designed consistent with the on-street parking space requirements of the adopted Public Works Standards.
O. Off-Street Parking Construction standards.
1. Off-street parking areas shall have dust-free, all-weather surfacing. Typical approved sections are illustrated below. Frequently used (at least five days a week) off-street parking areas shall conform to the standards shown in Figure A below or an approved equivalent. If the parking area is to be used more than 30 days per year but less than five days a week, then the standards to be used shall conform to the standards shown in Figure B below or an approved equivalent. An exception to these surfacing requirements may be made for gravel, grass block pavers, or permeable pavement, when constructed to the design specifications in the Surface Water Design Manual and low impact design standards in SMC 21.03.030. Any surface treatment other than these exceptions and those graphically illustrated below must be approved by the director.

2. Grading work for parking areas shall meet the requirements of SMC 16.15.050. Drainage and erosion/sedimentation control facilities shall be provided in accordance with Chapter 9.04 KCC as adopted by SMC 21.03.050.
3. Asphalt or concrete surfaced parking areas shall have parking spaces marked by surface paint lines or suitable substitute traffic marking material in accordance with the Washington State Department of Transportation standards. Wheel stops are required where a parked vehicle would encroach on adjacent property, pedestrian access or circulation areas, right-of-way or landscaped areas. Typically approved markings and wheel stop locations are illustrated below.

P. Electric vehicle charging spaces. For all parking lots or garages the following shall apply:
1. There is no minimum number of charging station spaces required.
2. If electric vehicle charging stations are provided, a minimum of one accessible electric vehicle charging station should be located adjacent to any required designated accessible parking space. The electric vehicle charging space does not have to be designated as an accessible parking space.
3. Electric vehicle charging stations may be reserved for parking and charging electric vehicles only. The property owner may set hours and conditions of use on the spaces and the charging stations.
4. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
5. When a sign provides notice that a space is a designated electric vehicle charging station, no person shall park or stand any nonelectric vehicle in a designated electric vehicle charging station space. Any nonelectric vehicle is subject to fine or removal.
6. Any electric vehicle parked in any designated electric vehicle charging station space parked beyond the days and hours designated on regulatory signs posted at or near the space shall be subject to a fine and/or removal. For purposes of this subsection, “charging” means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.
7. The owner of the property may charge a fee for charging any electric vehicle.
Q. Compact car allowance requirements. In any development containing more than 20 parking spaces, up to 50 percent of the total number of spaces may be sized to accommodate compact cars, subject to the following:
1. Each space shall be clearly identified as a compact car space by painting the word “COMPACT” in capital letters, a minimum of eight inches high, on the pavement at the base of the parking space and centered between the striping;
2. Aisle widths shall conform to the standards set for standard size cars; and
3. Apartment developments with less than 20 parking spaces may designate up to 40 percent of the required parking spaces as compact spaces.
R. Internal circulation street standards. Internal access streets to off-street parking areas shall conform with the surfacing and design requirements for private commercial streets set forth in the City of Sammamish public works standards as adopted by SMC 21.08.010.
S. Off-Street Parking Relief With Parking Study. A parking study, subject to review by a qualified professional, is required for any off-street parking reduction. The criteria below must be met for on-street parking to count toward minimum off-street parking requirements:
1. Sufficient availability of legal on-street parking stalls within 600 feet of the subject project between the hours of 6:00 p.m. and 4:00 a.m. on two consecutive weekdays excluding Monday and Friday.
2. If off-street parking would otherwise result in noncompliance with tree retention standards in SMC 21.03.060. (Ord. O2024-578 § 2 (Att. A); Ord. O2021-540 § 2 (Att. A))
A. Purpose. The purpose of this chapter is to ensure that public facilities and services necessary to support development are adequate or will be provided in a timely manner consistent with the public facilities and services planning goal of the Washington State Growth Management Act of 1990 by:
1. Specifying the on-site and off-site facilities and services that must be in place or otherwise assured of timely provision prior to development;
2. Allocating the cost of those facilities and services fairly; and
3. Providing a general framework for relating development standards and other requirements of this code to:
a. Adopted service level standards for public facilities and services;
b. Procedural requirements for phasing development projects to ensure that services are provided as development occurs; and
c. The review of development permit applications.
B. General requirements.
1. All new development proposals including any use, activity, or structure allowed by Chapter 21.05 SMC that requires City approval shall be adequately served by the following facilities and services prior to the time of occupancy, recording, or other land use approval, as further specified in this chapter:
a. Sewage disposal;
b. Water supply;
c. Surface water management;
d. Streets and access;
e. Fire protection service; and
f. Schools.
2. All new development proposals and those that exceed 50% of the assessed value of improvements for building permits, plats, short plats, and lot line adjustments shall include a certificate of water availability and/or certificate of sewer availability to demonstrate compliance with this chapter and other provisions of the SMC, the City of Sammamish interim comprehensive plan, and the Growth Management Act. If water or sewer is not available from a water or sewer district the applicant shall provide verification from a water and sewer district along with information on when availability is expected in the future. Alternatives to public water and sewer service will be considered only if service from a water and sewer district is not available as defined in WAC 246-272A-0025.
3. Regardless of the number of sequential permits required, the provisions of this chapter shall be applied only once to any single development proposal. If changes and modifications result in impacts not considered when the proposal was first approved, the City shall consider the revised proposal as a new development proposal.
4. All plats, short plats, and binding site plans must be connected to public sewer and water.
5. On-site sewage systems are prohibited in geological hazard areas including landslide and erosion hazard areas.
6. Development of parcels in the Tamarack and Inglewood plats shall comply with all provisions of this section and ensure adequate facilities both during and following construction. All facilities shall be maintained to their built condition for the life of the project. Applicants must demonstrate to the satisfaction of the City that there is adequate vehicle and pedestrian access, adequate access for fire and life safety, connecting to sewer where feasible, when a septic system is required planning for the design early in the project, adequacy of construction access and staging, and the adequacy of stormwater facilities to minimize erosion during and following construction.
C. Adequate sewage disposal. All new development shall be served by an adequate public or private sewage disposal system, including both collection and treatment facilities as follows:
1. A public sewage disposal system is adequate for a development proposal provided that:
a. For the issuance of a building permit, preliminary plat or short plat approval, or other land use approval, the site of the proposed development is or can be served by an existing disposal system consistent with the adopted sewer system plans of the Plateau water and sewer district and the Northeast Sammamish water and sewer district, and the disposal system has been approved by the department as being consistent with applicable state and local design and operating guidelines;
b. For the issuance of a certificate of occupancy for a building or change of use permit, the approved public sewage disposal system as set forth in subsection 1.a. of this section is installed to serve each building or lot;
c. For recording a final plat, final short plat, or binding site plan, the approved public sewage disposal system set forth in subsection 1.a. of this section shall be installed to serve each lot respectively; or a bond or similar security shall be deposited with the City of Sammamish for the future installation of an adequate sewage disposal system. The bond may be assigned to a purveyor to assure the construction of such facilities within two years of recording;
d. For a zone reclassification, the timing of installation of required sewerage improvements shall be contained in the approving ordinance; and
2. A private individual sewage system is adequate, if an on-site sewage disposal system for each individual building or lot is installed to meet the requirements and standards of the King County department of public health as to lot size, soils, and system design prior to issuance of a certificate of occupancy for a building or change of use permit.
D. Adequate water supply. All new development shall be served by an adequate public or private water supply system as follows:
1. A public water system is adequate for a development proposal provided that:
a. For the issuance of a building permit, preliminary plat approval or other land use approval, the applicant must demonstrate that the existing water supply system available to serve the site:
i. Complies with the applicable planning, operating and design requirements of Chapter 246-290 WAC and other applicable provisions of the rules and regulations of the King County board of health, and any limitation or condition imposed by the adopted plan of the water purveyor; and
ii. The proposed improvements to an existing water system have been reviewed by the City engineer and determined to comply with the design standards and conditions specified in subsection 1.a.i. of this section; or
iii. A proposed new water supply system has been reviewed by the City engineer and determined to comply with the design standards and conditions specified in subsection 1.a.i. of this section;
b. Prior to issuance of a certificate of occupancy for a building or change of use permit, the approved public water system and any system improvements set forth in subsection 1.a. of this section shall be installed to serve each building or lot respectively;
c. For recording a final plat, final short plat or binding site plan, either the approved public water supply system or system improvements set forth in subsection 1.a. of this section shall be installed to serve each lot or a bond or similar security shall be deposited with the City of Sammamish and may be assigned to a purveyor to assure the construction of required water facilities in Group A systems as defined by board of health regulations, within two years of recording; and
d. For a zone reclassification, the timing of installation of required water system improvements shall be included in the approving ordinance.
2. An on-site, individual water system is adequate and the plat or short plat may receive preliminary and final approval, and a building or change of use permit may be issued if:
a. The water purveyor has indicated that service cannot be provided in compliance with the purveyor’s approved water system plan; and
b. The Seattle-King County department of public health has approved the proposed method of water supply in accordance with the applicable King County board of health rules and regulations and this section. The applicant shall provide appropriate information to demonstrate to the department and the Seattle-King County department of public health that a private individual water system will be adequate. The Seattle-King County department of public health may require installation of private individual water systems prior to final approval of a plat or short plat where information is insufficient to show an adequate water supply can be made available.
E. Surface water management. All new development shall be served by an adequate surface water management system that is properly maintained as follows:
1. The proposed system is adequate if the development proposal site is served by a surface water management system approved by the department as being consistent with the design, operating and procedural requirements of the King County surface water design manual and KCC Title 9 as adopted by SMC 21.03.050;
2. For a subdivision or zone reclassification, the phased installation of required surface water management improvements shall be stated in the approving ordinance. Such phasing may require that a bond or similar security be deposited with the City of Sammamish; and
3. A variance request from the requirements of the King County surface water design manual and KCC Title 9 as adopted by SMC 21.03.050 shall be reviewed as set forth in KCC 9.04.050 and does not require a variance from this Title unless relief is requested from a building height, setback, landscaping or other development standard set forth in SMC 21.04.030 through SMC 21.05.020.
4. All surface water management facilities shall be adequately maintained to the built condition and in accordance with all approved permits for the life of the development.
F. Adequate streets.
1. All new development shall be served by adequate streets. Streets are adequate if the development’s traffic impacts on surrounding public streets are acceptable under the level of service standards and the compliance procedures established in Chapter 21.08 SMC.
2. The renewal of permits or the issuance of a new permit for existing uses constitutes a new development proposal only if it will generate additional traffic above that currently generated by the use.
3. A variance request from the street cross-section or construction standards established by the City of Sammamish public works standards adopted by Chapter 21.08 SMC, and does not require a variance from this Title unless relief is requested from a building height, setback, landscaping or other development standard set forth in SMC 21.04.030 through SMC 21.05.020.
G. Adequate vehicular access. All new development shall be served by adequate vehicular access as follows:
1. The property upon which the development proposed is to be located has direct access to:
a. A public or private street that meets City street standards as set forth in the public works standards or is formally declared acceptable by the City engineer; or
b. The property has access to such a street over a private driveway approved by the City;
2. The proposed circulation system of a proposed subdivision, short subdivision or binding site plan shall intersect with existing and anticipated streets abutting the site at safe and convenient locations, as determined by the department and the City engineer; and
3. Every lot upon which one or more buildings is proposed to be erected or traffic generating use is proposed to be established shall establish safe access as follows:
a. Safe passage from the street right-of-way to building entrances for transit patrons and other pedestrians, in accordance with the design standards set forth in SMC 21.06.030;
b. Direct access from the street right-of-way, fire lane or a parking space to any part of the property as needed to provide public services in accordance with adopted standards (e.g., fire protection, emergency medical service, mail delivery or trash collection); and
c. Direct access from the street right-of-way, driveway, alley or other means of ingress/egress approved by the City to all required off-street parking spaces on the premises.
H. Adequate fire protection. All new development shall be served by adequate fire protection as set forth below:
1. The site of the development proposed is served by a water supply system that provides at least minimum fire flow and a road system or fire lane system that provides life safety/rescue access, and other fire protection requirements for buildings as required by SMC Title 16, Buildings and Construction;
2. For a zone reclassification, the timing of installation of required fire protection improvements shall be stated in the approving ordinance, secured with a bond or similar security, and deposited with the City of Sammamish; and
3. A variance request from the requirements established by Chapter 16.05 SMC, Building Codes and Fire Code, shall be reviewed as set forth in Article 2 of the currently adopted edition of the Uniform Fire Code and does not require a variance from this Title unless relief is requested from a building height, setback, landscaping or other development standard set forth in SMC 21.04.030 through SMC 21.05.020.
I. School concurrency—Applicability and relationship to fees.
1. The school concurrency standard set out in SMC 21.06.040.L shall apply to applications for preliminary plat approval, mobile home parks, requests for multifamily zoning, and building permits for multifamily housing projects that have not been previously evaluated for compliance with the concurrency standard.
2. The City’s finding of concurrency shall be made at the time of preliminary plat or UPD approval, at the time that a request to actualize potential multifamily zoning is approved, at the time a mobile home park site plan is approved, or prior to building permit issuance for multifamily housing projects that have not been previously established for compliance with the concurrency standard. Once such a finding has been made, the development shall be considered as vested for purposes of the concurrency determination.
3. Excluded from the application of the concurrency standard are:
ii. Any form of housing exclusively for senior citizens, including nursing homes and retirement centers;
iii. Shelters for temporary placement, relocation facilities and transitional housing facilities;
iv. Replacement, reconstruction or remodeling of existing dwelling units;
v. Short subdivisions that create four or fewer lots;
vi. Any residential building permit for any development proposal for which a concurrency determination has already been made pursuant to the terms of this Title.
4. All of the development activities that are excluded from the application of the concurrency standard are subject to school impact fees imposed pursuant to SMC 21.09.090, School Impact Fees.
5. The assessment and payment of impact fees are governed by and shall be subject to the provisions in SMC 21.09.090 addressing school impact fees.
6. A certification of concurrency for a school district shall not preclude the City from collecting impact fees for the district. Impact fees may be assessed and collected as long as the fees are used to fund capital and system improvements needed to serve the new development, and as long as the use of such fees is consistent with the requirements of Chapter 82.02 RCW and this chapter. Pursuant to Chapter 82.02 RCW, impact fees may also be used to recoup capital and system improvement costs previously incurred by a school district to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.
J. Findings, recommendations, and decisions regarding school capacities.
1. In making a threshold determination pursuant to SEPA, the director and/or the hearing examiner, in the course of reviewing proposals for residential development including applications for plats, mobile home parks, or multifamily zoning, and multifamily building permits, shall consider the school district’s capital facilities plan as adopted by the City council.
2. Documentation that the district is required to submit to the City of Sammamish shall be incorporated into the record in every case without requiring the district to offer such plans and data into the record. The school district is also authorized to present testimony and documents demonstrating a lack of concurrency in the district and the inability of the district to accommodate the students to be generated by a specific development.
3. Based upon a finding that the impacts generated by the plat, mobile home park or the multifamily development were generally not anticipated at the time of the last City council review and approval of a school district capital plan and were not included in the district’s long-range forecast, the director may require or recommend phasing or provision of the needed facilities and/or sites as appropriate to address the deficiency or deny or condition approval, consistent with the provisions of this chapter, the State Subdivision Act, and the State Environmental Policy Act.
4. Determinations of the hearing examiner or director regarding concurrency can be appealed only pursuant to the provisions for appeal of the development permit process for which the determination has been made. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. Any errors in the formula identified as a result of an appeal should be referred to the City council for possible modifications.
5. Where the council has not adopted an impact fee ordinance for a particular school district, the language of this section shall not affect the authority or duties of the hearing examiner or the director pursuant to the State Environmental Policy Act or the State Subdivision Act.
K. Annual council review. On at least an annual basis, the Sammamish City council shall review the reports prepared by the King County school technical review committee and confirm that the King County council has certified the plans of the Issaquah and Lake Washington School Districts.
L. School concurrency standard.
1. Schools shall be considered to have been provided concurrently with the development that will impact the schools if:
a. The permanent and interim improvements necessary to serve the development are planned to be in place at the time the impacts of development are expected to occur; or
b. The necessary financial commitments are in place to assure the completion of the needed improvements to meet the district’s standard of service within three years of the time that the impacts of development are expected to occur. Necessary improvements are those facilities identified by the district in its capital facilities plan as reviewed and adopted by the City of Sammamish.
2. Any combination of the following shall constitute the “necessary financial commitments” for the purposes of subsection 1. of this section:
a. The district has received voter approval of and/or has bonding authority;
b. The district has received approval for federal, state, or other funds;
c. The district has received a secured commitment from a developer that the developer will construct the needed permanent school facility, and the school district has found such facility to be acceptable and consistent with its capital facilities plan; and/or
d. The district has other assured funding, including but not limited to, school impact fees that have been paid.
3. Compliance with this concurrency requirement of this section shall be sufficient to satisfy the provisions of RCW 58.17.060 and 58.17.110.
M. Credit for improvements. Whenever a development is granted approval subject to a condition that the development proponent actually provide a school facility acceptable to the district, the development proponent shall be entitled to a credit for the actual cost of providing the facility, against the fee that would be chargeable under the formula provided by SMC 21.09.090. The cost of construction shall be estimated at the time of approval, but must be documented and the documentation confirmed after the construction is completed to assure that an accurate credit amount is provided. If construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee. (Ord. O2021-540 § 2 (Att. A))
A. Purpose.
The purpose of this chapter is to enhance and protect the economic vitality and visual environment of the City, allow for the expression of free speech, and promote general safety and welfare by:
1. Regulating the type, number, location, size, and illumination of signs; and
2. Recognizing the purpose of signs for identification and economic well-being of businesses in Sammamish; and
3. Ensuring a safe driving environment; and
4. Recognizing and protecting the use of the public right-of-way as a forum for noncommercial speech; and
5. Facilitating fair and consistent content-neutral enforcement; and
6. Safeguarding and enhancing property values, attracting new residents, and encouraging orderly development; and
7. Allowing for limited temporary commercial signage in the public right-of-way, to provide a flow of commercial information to consumers to enable them to make vital decisions of purchasing a home, and to further the critical public goal of providing for equal access to housing; and
8. Upholding the goals and policies of the Comprehensive Plan.
B. Permit Requirements.
1. Except as otherwise provided in this chapter, no sign shall be erected, altered, or relocated within the City without a permit issued by the City.
2. No permit shall be required for repainting, cleaning, or other normal maintenance and repair of a permitted sign, or for sign face and copy changes that do not alter the size or structure of the sign.
C. Exempt signs. The following signs or displays are exempted from the permitting requirements of this chapter, but shall conform to the other requirements set out in this chapter:
1. Historic plaques, gravestones, and address numbers;
2. Official or legal notices issued and posted by any public agency or court;
3. Traffic control signs established by the Manual on Uniform Traffic Control Devices (MUTCD) or authorized by City of Sammamish department of public works;
4. Plaques, tablets, or inscriptions which are an integral part of the building structure or are attached flat to the face of the building, which are nonilluminated, and which do not exceed four square feet in surface area;
5. Incidental signs, which shall not exceed two square feet in surface area; provided, that said size limitation shall not apply to signs when established and maintained by a public agency;
6. Government flags; and
7. Nonverbal religious symbols attached to a place of worship.
D. Prohibited signs.
1. Portable signs including, but not limited to, sandwich/A-frame signs and mobile readerboard signs, and excluding signs permitted under SMC 21.06.050.G;
2. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination, may be confused with traffic control signs or signals;
3. Signs located in the public right-of-way, except where permitted in this chapter; provided, that in no case shall temporary signs permitted under SMC 21.06.050.G be located within travel lanes or sidewalks, or be attached to traffic control signs, utility or signal poles;
4. Posters, pennants, strings of lights, blinking lights, balloons, searchlights, and other displays of a carnival nature; except as architectural features, or on a limited basis as seasonal decorations or as provided for in SMC 21.06.050.G as temporary commercial displays; and
5. Billboards.
E. Sign area calculation.
1. Sign area for pole signs shall be calculated by determining the total surface area of the sign as viewed from any single vantage point, excluding support structures.
2. Sign area for letters or symbols painted or mounted directly on walls or monument signs or on the sloping portion of a roof shall be calculated by measuring the smallest single rectangle that will enclose the combined letters and symbols.
3. Sign area for signs contained entirely within a cabinet and mounted on a wall, roof, or monument shall be calculated by measuring the front surface area of the cabinet.
4. Sign area for temporary signs shall include all portions of the sign attached to the primary supporting structure of the sign, including material additions to the sign.
F. Permanent signs.
1. Table of Permitted Signs. The table below outlines the regulations for permanent signs in the City of Sammamish. All permanent signs must be approved through the permitting process. Unless otherwise stated herein, all permanent signs must be on site. No permanent sign may be placed in the City’s right-of-way.
Sign Criteria | Residential Zone | |||
|---|---|---|---|---|
Quantity (3) | X (4) | One per street frontage (5) (18) | One per street frontage (18) | |
Maximum sign area | N/A | 85 square feet, + 20 square feet for each additional business in a multiple tenant structure up to 145 square feet | 50 square feet | |
Combined Sign Area Limit for Lots with Multiple Freestanding Signs (6) | N/A | 250 square feet | 150 square feet | 80 square feet |
Maximum height | N/A | 20 feet | 15 feet | |
Quantity | One | N/A | ||
Maximum sign area | 6 square feet | N/A | ||
Quantity | Two one-sided signs or one two-sided sign per major entrance (18) | Two one-sided signs or one two-sided sign per major entrance (8) | ||
Maximum sign area | 32 square feet per sign | |||
Maximum sign height | 8 feet per sign | |||
Projecting or Awning Signs Mounted on the Sloping Portion of Roof | ||||
Quantity (11) | X | One allowed in lieu of wall sign | ||
Maximum sign area | N/A | No greater than 15 percent of building facade | No greater than 10 percent of building facade | |
Minimum clearance above finished grade (12) | N/A | 8 feet | ||
Maximum projection, perpendicular from supporting building facade | N/A | 6 feet | ||
Signs on Property with Public Agency Facilities | ||||
Quantity | Two per facility | X | ||
Maximum sign area | 30 square feet | N/A | ||
Maximum height | 6 feet | N/A | ||
Sign on Residentially Zoned Property with Nonresidential Use | ||||
Quantity | One | X | ||
Maximum sign area | 25 square feet | N/A | ||
Maximum height | 6 feet | N/A | ||
N/A (16) | 15 percent of building facade | 10 percent of building facade | 10 percent of building facade (17) | |
Development Conditions:
(1)Directional signs for surface parking areas or parking structures located in the R, CB, NB, and O zones shall not be included in the sign area or number limitations stated in this table; provided, that they shall not exceed six square feet in surface area and are limited to one for each entrance or exit.
(2)Fuel price signs shall not be included in sign area or number limitations referenced in this table, provided such signs do not exceed 20 square feet per street frontage.
(3)Corner lots with a street frontage of less than 100 feet on each street shall be permitted only one freestanding sign.
(4)Freestanding signs are allowed in residential zones as home business signs, permanent residential development identification signs, signs on property with public agency facilities, and signs on residentially zoned property with nonresidential use.
(5)Multiple tenant developments in the CB and NB zones that have more than 300 feet of street frontage on one street may have one additional freestanding sign for each 300 feet of street frontage, or portion thereof. Such signs shall be separated from one another by a minimum of 150 feet, if located on the same street frontage.
(6)On lots where more than one freestanding sign is permitted, the sign area permitted for individual freestanding signs may be combined.
(7)Home business signs may be wall signs, monument signs, or A-frame signs.
(8)Permanent residential identification signs are only allowed in the NB, CB, and O zones as part of a mixed-use development.
(9)Applicable only to monument signs.
(10)Any sign attached to the sloping surface of a roof shall be installed or erected in such a manner that there are no visible support structures, shall appear to be part of the building itself, and shall not extend above the roof ridge line of the portion of the roof upon which the sign is attached.
(11)Maximum height for awning signs shall not extend above the height of the awning upon which the awning sign is located.
(12)Maximum height for projecting signs shall not extend above the highest exterior wall upon which the projecting sign is located.
(13)See SMC 21.04.040.B for a list of permitted public agencies.
(14)Nonresidential uses of residential property as outlined in Chapter 21.05 SMC.
(15)Maximum height for wall signs and changing message center signs shall not extend above the highest exterior wall or structure upon which the sign is located.
(16)Wall signs are allowed in residential zones to identify public agency facilities, home businesses, and other nonresidential uses, subject to the regulations listed in this table.
(17)Only on building facades with street frontage.
(18)Permanent residential development identification signs in residential zones may only be monument signs.
2. Illumination of Permanent Signs. The table below outlines the regulations for illumination of permanent signs in the City of Sammamish. Temporary signs, governed by SMC 21.06.050.G, shall not be illuminated. All permanent signs, including the requested illumination, must be approved through the permitting process. All electrical components for signs shall be governed by Chapter 19.28 RCW and WAC 296-46-910.
KEY:
P Permitted, pursuant to permit issued by City
X Prohibited
Development Conditions:
(1)The light source for indirectly illuminated signs shall be no farther away from the sign than the height of the sign.
(2)Indirectly illuminated signs shall be arranged so that no direct rays of light are projected from such artificial source into residences or any street right-of-way.
G. Temporary signs. The following temporary signs or displays are permitted and, except as required by the International Building Code; Chapter 16.20 SMC, Construction Administrative Code; or as otherwise required in this chapter, do not require a sign permit, subject to the requirements set out in this chapter. All temporary signs shall not obstruct sight distances and shall follow the regulations prescribed by SMC 21.08.010, Public Works Standards Adopted, and by SMC 21.04.030.W, Sight distance requirements. No temporary signs shall be located within center medians or within roundabouts and the amenity zone along the outside turning edge of a roundabout, traffic circles, or islands. Temporary signs shall not be illuminated.
1. Noncommercial Temporary Signs. No sign permit is required to post a noncommercial temporary sign in the public right-of-way or on private property if it meets the requirements in this section and in the following table. Noncommercial temporary signs not conforming to the regulations of this section may be approved through a right-of-way permit.
a. On roads that only have a shoulder and do not have a sidewalk, noncommercial temporary signs must be placed beyond the edge of the asphalt, and may not be placed so that any part of the sign extends over the asphalt.
b. Noncommercial temporary signs shall not be placed in a manner that negatively affects the health of trees, shrubs, or other landscaping.
KEY:
P Permitted, pursuant to permit issued by City
X Prohibited
Sign Criteria | Noncommercial Temporary Sign Type I – Placed in Public Right-of-Way (Non-A-Frame) | Noncommercial Temporary Sign Type II – Placed in Public Right-of-Way (A-Frame) | Noncommercial Temporary Sign Type III – Private Property (All Sign Types) 1. |
|---|---|---|---|
Size Limit | 4 square feet | 6 square feet | 32 square feet |
Height Limit | 3 feet above grade | 3.5 feet | 8 feet |
Duration | 180 consecutive days per calendar year | 5 consecutive days | 180 consecutive days per calendar year |
Development Conditions:
(1)Placement of off-premises noncommercial temporary signs on private property is subject to the landowner’s authorization.
2. Temporary Commercial Displays. Signs, posters, pennants, strings of lights, blinking lights, balloons, and searchlights are permitted for a period of up to 30 consecutive days once each calendar year at businesses located in Sammamish in the CB, NB, or O zone. Temporary commercial displays shall meet the placement and dimensional standards for the sign type utilized.
3. Signs Located on Property with Active Construction.
a. One nonilluminated, double-faced sign is permitted for each public street upon which the project fronts;
b. No sign shall exceed 32 square feet in surface area or 10 feet in height, or be located closer than 30 feet from the property line of the adjoining property; and
c. Signs must be removed by the date of first occupancy of the premises or one year after placement of the sign, whichever occurs first.
4. Signs Associated with Properties for Sale or Rent.
Signs for Properties for Sale or Rent | |
|---|---|
Sign Criteria | Limitation |
Signs Located on Property with Individual Unit for Sale or Rent | |
Sign Quantity | One per public or private street frontage |
Permitted Location | Public or private street frontage |
Permitted Duration | Signs shall be removed within five days after closing of the sale, lease or rental of the property |
Maximum Sign Area | 8 square feet |
Maximum Height | 6 feet |
Signs Located Off-Site of Property with Individual Unit for Sale or Rent 1. | |
Sign Quantity | One 2. |
Permitted Location | Public right-of-way adjacent to the intersection of the primary vehicle entrance to the property and closest public street |
Permitted Duration | Signs shall be removed within five days after closing of the sale, lease or rental of the property |
Maximum Sign Area | 6 square feet |
Portable Off-Premises Residential Directional Signs for Active Open Houses for Sale or Rent 3. | |
Sign Quantity | 4 per open house |
Maximum Sign Area | 6 square feet |
Maximum Height | 42 inches |
Signs on Property with Commercial or Industrial Property for Sale or Rent | |
Sign Quantity | One |
Permitted Location | Public or private street frontage |
Maximum Sign Area | 32 square feet |
Maximum Height | 12 feet |
Signs on Newly Constructed Residential Developments for Sale | |
Sign Quantity | One |
Permitted Location | Public or private street frontage |
Maximum Sign Area | 32 square feet |
Maximum Height | 12 feet |
Directional Signs Located Off-Site of Newly Constructed Residential Developments for Sale | |
Sign Quantity | Two |
Permitted Location | Private property (with permission); public right-of-way |
Maximum Sign Area | 16 square feet |
Maximum Height | 6 feet |
Development Conditions:
(1)Only allowed for properties with a unit for sale or rent that is not located adjacent to a public street.
a.When more than three off-site real estate signs are proposed for a location, the fourth proposed sign owner shall install and make available to other licensed real estate agents a frame, designed to allow for a minimum of six signs to be hung in a stacked fashion, to accommodate multiple signs; frames installed to hold multiple real estate signs shall not exceed a height of six feet. Off-site signs located on a frame shall individually not exceed a height of one and one-half feet, a width of two feet, and an area of three square feet.
b.Such signs shall be permitted only when the agent or seller is in attendance at the property for sale or rent.
H. Legal nonconforming signs.
1. Any sign located within the City limits on the date of adoption of the ordinance codified in this Title, or located in an area annexed to the City thereafter, which does not conform with the provisions of this code, shall be considered a legal nonconforming sign and is permitted, provided it also meets the following requirements:
a. The sign was covered by a permit on the date of adoption of the ordinance codified in this Title if one was required under applicable law; or
b. If no permit was required under applicable law for the sign in question, the sign was in all respects compliant with applicable law on the date of adoption of the ordinance codified in this Title.
2. Loss of Legal Nonconforming Status. Nonconforming signs shall not be altered in size, shape, height, location, or structural components without being brought to compliance with the requirements of this code. Repair and maintenance are allowable, but may require a permit if structural components require repair or replacement.
I. Variance.
1. A sign variance is categorized as a Type 1 land use application and shall be subject to the requirements of SMC 21.09.100.C. Variances from the terms of this chapter may be granted by director of community development upon proper application. Variances may be granted when, because of unique circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict interpretation of the regulations of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.
2. The variance shall not constitute a grant of special privilege inconsistent with a limitation upon uses of other properties in the vicinity and zone in which such property is situated.
J. Enforcement.
1. Compliance with Other Applicable Codes. All signs erected or altered under this chapter must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Building Code as adopted in SMC 16.05.070 by the City. If any provision of this code is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the City, the provision which establishes the higher standard shall prevail.
2. Sign Maintenance. All permanent and temporary signs must be kept in good repair and in a safe manner at all times. The sign owner must repair damaged or deteriorated signs within 30 days of notification by the City. The area surrounding freestanding signs must be kept free of litter and debris at all times.
3. Inspection. Code enforcement officers are authorized to inspect any sign covered by this chapter for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this code. Such inspections shall be carried out during business hours, unless an emergency exists.
4. Abatement. In addition to the abatement authority provided by proceedings under SMC 21.09.110.C, the City or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this chapter under the following circumstances:
a. When a sign is determined by the City engineer or director of community development to present an immediate threat to the safety, health, and welfare of the public;
b. When a sign is illegally placed pursuant to SMC 21.06.050.G, within the public right-of-way, within a landscape median, landscape island, traffic circle, attached to a utility pole or city traffic sign, upon public sidewalks or roadway, or on any public building or structure when such facilities are located on public property or within public right-of-way;
c. When a sign is determined by the City to be abandoned; provided, that the City must first provide 14 days’ notice to the underlying property owner or business owner that the sign is deemed abandoned.
5. Disposal of Signs. When a sign has been removed by the City as authorized by this section, the City shall take the following actions:
a. The City shall hold a sign for at least seven days. After seven days the City may dispose of the sign without prior notice to the sign owner. The City shall not be responsible for damage or loss during removal or storage of any signs in violation of this code. Sign owners wishing to reacquire possession of removed signs prior to their disposal shall pay an impoundment fee pursuant to SMC 23.100.010.
b. For signs with a fair market value exceeding $500.00, the City shall provide notice by mail to the following:
i. Sign Owner. If the mailing address can be determined by the City after reasonable efforts in investigation. “Reasonable efforts” shall include investigation efforts that take no longer than one-half hour of staff time.
ii. Underlying Property Owner. If the address of the sign owner cannot be reasonably ascertained, the City shall mail the notice to the underlying real property owner, as identified in the records of the King County assessor’s office. (Ord. O2021-540 § 2 (Att. A))
A. Purpose. The purpose of this chapter is to allow the deployment of wireless communication facilities (WCF) and provide WCF service to Sammamish residents while not compromising public health, safety, welfare, and the visual and aesthetic beauty of Sammamish. This code is designed to serve as a local regulatory tool assisting service providers, citizens, and City staff in navigating the federally preemptive regulatory field of wireless service. This shall be done by:
1. Interpreting the code to protect the visual and natural environmental beauty of the City of Sammamish; and
2. Facilitating fair and consistent design, siting, and deployment by providing a clear and predictable permit process for network providers and the community; and
3. Utilizing design and concealment concepts consistent with and complementary of colors and textures found in the natural and built environment; and
4. Protecting the use and purpose of the public right-of-way to ensure a safe driving and pedestrian environment; and
5. Providing an administrative review process to ensure that WCFs are evaluated in a fair and timely manner in accordance with other City goals and policies; and
6. Upholding the goals and policies of the Comprehensive Plan; and
7. Establishing clear regulations for the siting, design, maintenance, and operation of WCF consistent with state and federal regulations; and
8. Accommodating the growing need and demand for wireless services; and
9. Meeting the requirements of Federal Communications Commission (FCC) rules.
B. Goals. The goals of this chapter are to:
1. Minimize visual, safety, aesthetic, and environmental impacts of WCFs on the community by establishing standards for location, structural integrity, and compatibility; and
2. Encourage the location and collocation of wireless communication antennas on existing nonmunicipal structures; and
3. Ensure that wireless facility antennas and supporting equipment are proportionate in scale and design, as technically feasible, to other elements of the built environment; and
4. Ensure that equipment does not become a barrier or impediment to pedestrians, drivers, and cyclists; and
5. Provide an opportunity for residents and interested parties to provide comment on the proposed location and design of new towers and poles, when appropriate; and
6. Minimize the impact to public purpose of the public rights-of-way. Wireless facility use by network providers or their subcontractors is not an exclusive or priority use within the public right-of-way; and
7. Ensure regulations are fair and accommodate the maximum number of users.
C. Applicability. No person shall place, construct, reconstruct, or modify a WCF within the City without the necessary permit(s), except as provided by this chapter. The director or designee shall have authority to approve, condition, or deny a WCF as prescribed in the Sammamish Municipal Code.
D. Conflict. When any provision of any other chapter of the Sammamish Municipal Code conflicts with this chapter, the director shall apply this chapter.
E. Fees. Fees for review pursuant to this chapter shall be established by the City and, if applicable, shall be consistent with the safe harbor provisions established by the FCC (as may be amended from time to time). Any additional time or cost shall be billed on a per-hour rate as established by adopted City of Sammamish fee schedule to cover staff time or required professional services to assist in review of an application.
F. Definitions. For the purpose of this chapter, the following terms are defined as follows:
1. Affidavit. A written statement of facts that is sworn to and signed by a deponent before a notary public or some other authority having the power to witness an oath.
2. Amateur radio (ham) tower. A tower with antenna(s) which transmit and receive noncommercial communication signals and is defined as an amateur radio tower by the FCC. Guy wires for amateur radio antenna(s) are considered part of the structure for the purposes of meeting development standards.
3. Antenna(s). An apparatus designed for the purpose of emitting radio frequency (RF) to be operated or operating from a fixed location pursuant to FCC authorization for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.
4. Antenna equipment. Base equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
5. Antenna facility. An antenna and associated antenna equipment.
6. Base station. A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.
a. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks).
c. The term includes any structure other than a tower that, at the time the relevant application is filed with the City under this section, supports or houses equipment described in subsections 6.a. and b. of this section that has been reviewed and approved under the applicable zoning or siting process, or under either state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
d. The term does not include any structure that, at the time the relevant application is filed with the City under this chapter, does not support or house equipment described in subsections 6.a. and b. of this section.
7. Collocation.
a. Mounting or installing an antenna facility on a preexisting structure whether or not there is an existing antenna on the structure; and/or
b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
Provided, that, for purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
8. Director. Community development director or designee.
9. Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station (as provided in 47 CFR § 1.6100), involving:
a. Collocation of new transmission equipment; or
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
10. Equipment enclosure(s). The specific enclosure used to house transmission equipment other than antennas, usually located within and including cabinets, shelters, pedestals, or other similar enclosures used to contain electronic equipment for said purpose. This may include: cabinets attached underground, adjacent to, or on a pole. The term does not include relatively small electronic components that have protective housing, such as remote radio units, radio transceivers, amplifiers, or transceivers mounted behind antennas.
11. FCC. The Federal Communications Commission.
12. Franchise agreement. A contract between the City and a network provider who needs or desires use of the public rights-of-way (ROW) to deliver its wireless services or to locate WCFs.
13. Macro cell facility. A large wireless communication facility that does not meet the definition of a small wireless facility. Generally, macro cell facility antennas are mounted on ground-based towers, rooftops and other support structures. Macro cell facilities typically cover larger geographic areas with relatively high capacity and are capable of hosting multiple wireless service providers.
14. Network provider.
a. A wireless service provider; or
b. A person or business that does not provide wireless services but builds, installs, or maintains facilities on behalf of a wireless service provider.
15. Personal wireless services. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
16. Pole(s). Utility poles, light poles or other types of poles, used primarily to support electrical wires, telephone wires, television cable, lighting, or guide posts; or are constructed for the sole or primary purpose of supporting a WCF.
17. Public works standards. The Sammamish 2016 Public Works Standards, as they exist now or are hereafter amended.
18. Replacement pole. Replacement of an existing pole with a pole that does not exceed 10 feet above the height of the existing pole or the minimum additional height necessary for adequate clearance from electric wires, whichever is greater. Any pole exceeding these size limitations shall be considered a new installment for purposes of this chapter, regardless of whether it will physically replace an existing pole. Provided that additional height may be allowed for a replacement pole when necessary to facilitate relocation of a bird nest feature or a nest structure in accordance with SMC 21.06.060.H.1 or SMC 21.06.060.L.1.a.
19. Radio frequency (RF). The number of times the current from a given source of non-ionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a maximum positive level in one second; measured in cycles per second or hertz.
20. Satellite dish antenna(s). A type of antenna(s) and supporting structure consisting of a solid, open mesh, or bar configured reflective surface used to receive and/or transmit radio frequency communication signals. Such an apparatus is typically in the shape of a shallow dish or cone.
21. Satellite dish, large. Any satellite dish antenna(s) whose diameter is greater than four feet (see “satellite dish antenna(s)”).
22. Satellite dish, small. Any satellite dish antenna(s) that has a diameter less than or equal to four feet.
23. Small wireless facility. A facility that meets the following conditions:
a. Is mounted on support structures 50 feet or less, including antenna; or
b. Is mounted on support structures no more than 10 percent taller than adjacent poles or support structures; or
c. Does not extend existing support structures on which the facility is located to a height of more than 50 feet or more than 10 percent, whichever is greater; and
d. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of “antenna” in 47 CFR § 1.1320d.), is no more than three cubic feet in volume; and
e. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and
f. The facilities do not require antenna structure registration under 47 CFR Part 17; and
g. The facilities are not located on tribal lands, as defined under 36 CFR § 800.16(x); and
h. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307b.
24. Structure height. A pole/tower shall be measured from the average existing grade of land prior to any cuts and fills or other disturbances associated with the proposed project to the highest point of the structure.
25. Structure mounted facility. Wireless communication facility, including any mounting apparatus that is mounted on the roof or facade or other element of the structure or building. The term does not encompass a tower or any equipment serving with a tower or a utility pole, light pole, traffic signal pole, or miscellaneous pole.
26. Support structure. A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used to support antennas and associated antenna equipment for the provision of personal wireless service (whether on its own or commingled with other types of services).
27. Technically feasible. Capable of being accomplished based on existing technology compatible with an applicant’s existing network.
28. Temporary wireless communication facility. Facilities that are composed of antennas and a mast mounted on a truck (also known as a cell on wheels, or “COW”), antennas mounted on sleds or rooftops, or ballast mount temporary poles. These facilities are for a limited period of time, are not deployed in a permanent manner, and do not have a permanent foundation. These facilities are for:
a. The reconstruction of a permanent WCF and limited to a duration of 12 months from the date of approval unless an extension is requested at least 30 days prior to the expiration date; or
b. Large-scale community events limited to the duration of the event, plus 10 days prior to the event and 10 days after; or
c. Emergency communications equipment to be used in anticipation of and during a declared public emergency or emergency exercise as declared by the City of Sammamish emergency manager.
29. Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to: private, broadcast, and public safety services, as well as unlicensed wireless services such as microwave backhaul, and the associated site.
30. Transmission equipment. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to: radio transceivers, antennas, coaxial or fiber-optic cable, and regular and back-up power supply. The term includes equipment associated with wireless communications services including, but not limited to; private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
31. Wireless communication facility (WCF). Any unstaffed facility for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy usually consisting of an equipment shelter or cabinet, a support tower or other structures used to achieve the necessary elevation, and the transmission and reception devices or antenna.
32. Wireless pole. A new pole that is installed for the sole purpose of providing a mounting for a WCF.
33. Wireless service provider (WSP). A company that offers services to users of wireless devices (i.e., handheld computers and telephones) through radio frequency (RF) signals rather than through end-to-end wire communication.
G. WCF uses. The land use tables in this chapter determine whether a specific WCF use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal row of these tables. In the case where a proposed WCF does not fall into one of the WCF types listed in Table A, an application for a conditional use permit shall be required pursuant to SMC 21.06.060.K.2.b or 21.06.060.L.2.b.
KEY: P Permitted Use C Conditional Use X Prohibited Use
Residential Land Uses | ||||||||
|---|---|---|---|---|---|---|---|---|
WCF Land Use | R-1 to R-8 | R-12 to R-18 | NB | CB | O | TCA-E | Public Rights-of-Way | |
P | P | P | P | P | P | X | X | |
P | P | P | P | P | P | P | P | |
Macro cell facility, building mounted | C3. | C | P | P | P | P | N/A | N/A |
Macro cell facility, collocated with existing WCF | P | P | P | P | P | P | P | P |
Macro cell facility, collocated on existing support structure | C3. | C | P | P | P | P | P | P4. |
Macro cell facility, new support structure | C3. | C | C | C | C | C | C | C |
P | P | P | P | P | P | P | P | |
Macro cell facility, not otherwise listed5. | C | C | C | C | C | C | C | C |
P | P | P | P | P | P | X | X | |
P | P | P | P | P | P | X | X | |
Small wireless facility, building mounted | P | P | P | P | P | P | N/A | N/A |
Small wireless facility, collocated with existing WCF1. | P | P | P | P | P | P | P | P |
Small wireless facility, collocated on existing support structure | P | P | P | P | P | P | P | P |
Small wireless facility, new support structure | C | C | P | P | P | P | P | P |
Small wireless facility, not otherwise listed | C | C | C | C | C | C | C | C |
Small wireless facility, SEPA nonexempt | C | C | C | C | C | C | C | C |
VHF and UHF receive-only television antenna(s) | P | P | P | P | P | P | X | X |
WCF, temporary6. | P | P | P | P | P | P | P | P |
Wireless communication facility (WCF), not otherwise listed | C | C | C | C | C | C | C | C |
Development Conditions:
(1)Facilities shown as permitted within this table are subject to the permitting requirements contained in this chapter. Such facilities may be exempt from receiving a wireless use permit, may be required to obtain an expedited wireless use permit, or may be required to obtain a standard wireless use permit pursuant to this chapter. Further, facilities shown as permitted within this table may require building permits, shoreline permits, or other permits as the Sammamish Municipal Code may require.
(2)A franchise agreement and right-of-way use permit shall be required for WCFs siting in the public rights-of-way instead of a land use permit.
(3)Macro cell facilities in zones R-1 through R-8 may only be permitted on parcels with permitted, nonresidential land uses (such as churches or schools).
(4)Exclusive of right-of-way adjacent to R-1 through R-18 zones, for which a conditional use permit shall be required in accordance with SMC 21.06.060.L.2.b.
(5)Subject to the criteria contained in SMC 21.06.060.L.
(6)Temporary WCFs operating in excess of 30 days must obtain the appropriate wireless use permit.
H. Permit – Exemptions. Certain wireless communication facilities are exempt from land use review; however, the provisions of this section do not preclude applicable requirements for building, electrical, or right-of-way permits.
1. Eligible Facilities Requests. An eligible facility request, meeting the definition of an “eligible facilities request” pursuant to Section 6409a. of the Middle-Class Tax Relief and Job Creation Act of 2012 and 47 CFR § 1.6100 (or as hereafter amended or recodified), shall not be required to obtain a land use permit and shall be allowed upon the issuance of the applicable permit(s) prior to deployment, installation, or construction. An application for an eligible facilities request exemption letter shall provide information as required by the director necessary to establish that the proposal qualifies as an eligible facilities request and if a proposal would substantially change the physical dimensions of a tower or base station, as defined in 47 CFR § 1.6100, or otherwise does not qualify as an eligible facilities request, the director shall deny a request for an exemption letter and the applicant shall apply for such other WCF permit as required pursuant to this chapter. Eligible facilities requests to add height to an existing structure where a bird nesting habitat feature/structure has been established at the top of the existing structure shall be allowed additional height beyond the limitations of an eligible facilities request to facilitate the relocation of the nest feature/structure and when the additional height is not for antennae extension and is the minimum necessary designed in consultation with a qualified habitat biologist.
2. VHF and UHF Receive-Only Television Antenna(s). VHF and UHF receive-only antenna(s) shall not be required to obtain a land use permit. VHF/UHF antenna(s) that are permitted outright shall be restricted to a height limit of no more than 10 feet above the existing or proposed roof.
3. Small Satellite Dish Antenna(s). Small dish antenna(s) in all zones shall not be required to obtain a land use permit in accordance with the Federal Telecommunications Act. Installation must comply with any applicable provisions of the City building code.
4. Temporary WCF for emergency communications equipment in anticipation of and during a declared public emergency or emergency exercise, and any other temporary WCF not operating for a duration of more than 30 days. Temporary WCF operating more than 30 days must obtain the appropriate wireless use permit.
5. Amateur Radio Facilities. Amateur radio (ham) towers are exempt from land use permits under this chapter and shall be permitted by right in all zones, pursuant to the FCC order entitled Amateur Radio Preemption, 101 FCC 2nd 952 (1985). Any height restrictions applicable to amateur radio (ham) towers may be waived by the director upon a showing by the applicant that the proposed amateur radio (ham) tower is the minimum necessary for the facility to function as proposed.
I. Wireless use permits - Types and timelines.
1. Unless exempt, no WCF shall hereafter be erected, re-erected, constructed, or altered unless the appropriate wireless use permit for the same has been issued by the City pursuant to this chapter. Further, some proposed WCF may also require other permitting, such as: shoreline permit, building permit, electrical permit, and/or right-of-way use permit (as applicable).
2. Types of Permits. Unless otherwise specified in this chapter, all permits shall comply with procedures of SMC 21.09.010.B.
a. Exempt Facilities. As indicated within SMC 21.06.060.H, exempt facilities shall not require a land use permit pursuant to this chapter. The WCF shall comply with all other applicable standards contained within this chapter.
b. Expedited Wireless Use Permits. Where indicated by this chapter, an expedited wireless use permit shall be required. An expedited wireless use permit is a Type 1 permit pursuant to SMC 21.09.010.B. Expedited wireless use permits implicate lower levels of review time due to proposals’ strict adherence with the provisions of this chapter and the lack of the need for discretionary review by the director.
c. Standard Wireless Use Permits. Where indicated by this chapter, a standard wireless use permit shall be required. A standard wireless use permit is a Type 1 permit pursuant to SMC 21.09.010.B. Standard wireless use permits are those anticipated to require average review time and/or some elements of discretionary review by the director.
d. Conditional Use Permits. Conditional use permits are required where indicated in SMC 21.03.060.G, Table A or where otherwise provided by this chapter. See SMC 21.09.100.D for decision criteria for conditional use permits. A conditional use permit is a Type 2 permit pursuant to SMC 21.09.010.B.
3. Separate permits shall be required for each individual WCF installation; however, such separate permit applications may be submitted simultaneously (in batches). A network provider may elect to apply for a land use permit and a building/electrical permit as a consolidated application. The network provider acknowledges the building permit submittal is an at-risk permit and is dependent upon receiving and approving the land use permit.
4. Franchise agreements are required for all WCF and/or equipment in the right-of-way.
5. A Type C right-of-way utility permit is required for WCFs located in the public rights-of-way in accordance with SMC 21.08.060.F instead of the land use permits described in subsection 2. of this section. The City engineer or designee may process ROW permit applications for WCF permits concurrently with an application for a franchise agreement, but any such ROW permit will be conditioned on approval of the franchise agreement by the City council prior to construction or deployment of the WCF.
6. If a network provider desires to make a modification to an existing permitted WCF, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole mounted or ground mounted equipment, or modifying concealment elements, prior to deployment or construction of the modification the network provider shall apply for a permit under this chapter, unless the modification qualifies as an eligible facilities request, in which case, it is exempt from land use review pursuant to SMC 21.06.060.H and only building, electrical and/or right-of-way permits may be required, if applicable.
7. All applications shall be submitted using the City’s published submittal requirements. The submittal requirements are available on the City’s webpage; or from the City’s Permit Center.
8. All WCF authorizations and permits are subject to the federal review timelines (“shot clocks”) as described in 47 CFR § 1.6001 et seq. (or as hereafter amended).
J. Application notice requirements.
1. Applications for Expedited Wireless Use Permits or Standard Wireless Use Permits for Small Wireless Facilities. Applications for expedited wireless use permits or standard wireless use permits for small wireless facilities do not require application notification to surrounding property owners. However, the applicant shall provide construction notice for work in the right-of-way via mail. The notice shall be provided no later than two weeks prior to any construction or land use alteration. The content of the construction notice shall be pursuant to the public works standards. Area of construction noticing shall be consistent subsection 2. of this section.
2. Applications for Conditional Use Permits for Small Wireless Facilities. The applicant shall provide written notification of proposed pole mounted or aboveground installation of equipment to all immediately adjacent/adjoining property owners. Adjacent is inclusive of a pole in the right-of-way and the two closest parcels on the same side of the street as the pole location as well as the two lots closest to the pole location across the street/ROW.
3. Macro Cell Facilities. The applicant shall provide written notification of any application for proposed equipment/structure installation to all owners of property within 1,000 feet of the proposed location.
4. Where notification is required, written notification shall include at a minimum:
a. Description of the WCF including the proposed dimensions, design, color, type of facility, a rendering of the proposed facility, and proposed location. In lieu of providing all of this information as part of the notice, the applicant may produce a webpage containing this information and direct residents to its location.
b. For macro cell facilities requiring a conditional use permit, the notice shall include information required of a Type II procedure stated in SMC 21.09.010.H.4.
c. Email and phone number of a project contact.
d. The network provider shall provide the City with a distribution list of property owners, a map of properties receiving notification, a copy of the materials distributed, and an affidavit of mailing.
5. The applicant shall be responsible for making notification pursuant to this section within 14 days of receipt of the department’s written determination that the application is complete.
6. This section shall not apply to eligible facilities requests.
K. Small wireless facilities.
1. General.
a. New poles in the right-of-way shall only be permitted with a valid City franchise agreement.
b. If any portion of the privately owned structure is on private property, the applicant must first obtain a letter of authorization from the private property owner, and/or an affidavit from the HOA, if applicable prior to installation.
c. The City will not arbitrate any disputes between HOAs or other third parties and applicants.
d. Wireless communication facilities in the City’s shoreline jurisdiction or critical areas are subject to review as provided in SMC Title 25, Shoreline Management, SMC 21.03.020, Environmentally Critical Areas, and SMC 21.09.030, State Environmental Policy Act Procedures, as applicable.
e. A small wireless facility is prohibited on City-owned poles or facilities unless the attachment is approved pursuant to a franchise agreement or lease.
f. New poles shall not be located in any zoning setback area on private and public property, as established for each zoning designation in SMC 21.04.030. This shall not apply to new poles in the right-of-way or along private streets.
g. A new small wireless facility pole may not be sited within 350 feet of an existing small wireless facility pole owned, operated, or utilized by the same wireless service provider without a conditional use permit. In no event shall new small wireless facility poles be placed 150 feet from existing small wireless facility poles, regardless of whether such poles are owned, operated, or utilized by the same provider.
h. For new poles in the right-of-way, the network provider must provide the director or designee with a wireless-only pole (or light standard) design that meets the design criteria contained within the Wireless Facility Design Standards and any adopted public works standard design guidelines, and is subject to third-party review.
i. For a non-City-owned structure in the public right-of-way onto which an applicant or network provider proposes to attach a small wireless facility, if the owner of the structure requires more restrictive standards than those in this chapter, then the more restrictive standards shall apply. If any portion of the privately owned structure is on private property, prior to installation the applicant must first obtain all applicable zoning and building/electrical permits in addition to right-of-way permits.
j. Small wireless facilities within access easements over residential property are permitted if:
i. The owner of the residential property upon which the small wireless facility will be located has granted permission in writing to locate the facility in the desired location and has provided proof of authority to grant such permission;
ii. The terms of the access easement allow the installation of the small wireless facility in the proposed location;
iii. The installation of the small wireless facility in the proposed location does not create any access or safety issues;
iv. Any new structure complies with the requirements of the City’s Wireless Facility Design Standards;
v. Any new structure complies with all applicable requirements of the City code, including any applicable land use regulations; and
vi. Any covenants or easements recorded on the property allow the deployment of the small wireless facility on the property.
2. Review Process.
a. Expedited Wireless Use Permit (Type 1 Review).
i. Standards. Small wireless facilities that meet all of the applicable criteria set forth below qualify for processing pursuant to an expedited wireless use permit:
a) Small wireless facilities to be attached to an existing or replacement support structure or a building (such structure may be removed and replaced with a new support structure so long as the replacement structure is located within 10 feet of the existing structure, measured from the center point of the existing structure to the center point of the replacement structure); or
b) Small wireless facilities to utilize a new pole or support structure to be located in the NB, CB, O, and TCA-E zones; and
c) The proposal is compliant with the Wireless Facility Design Standards; and
d) An application proposing attachment to poles owned by a homeowners’ association (HOA) shall submit with the application(s) a signed affidavit of approval from the HOA authorizing attachment to the HOA poles/structures. The signed affidavit must be signed by the authorized agent of the HOA and be on a form supplied by the City.
b. Standard Wireless Use Permit (Type 1 Review). Small wireless facilities that otherwise meet the standards set forth in subsection 2.a.i. of this section, but that require minor deviations from the Wireless Facility Design Standards, shall instead generally be processed pursuant to the standard wireless use permit process under this subsection 2.b., unless the proposed small wireless facility requires a conditional use permit pursuant to the table contained in SMC 21.06.060.G.
i. “Minor deviations” are deviations to the dimensions, height, or volume of small wireless facilities which are necessary to conform the facilities to the requirements of the pole owner, provide adequate safety clearances, or address similar technical issues; provided, that such deviations do not cause the facility to exceed the cumulative totals provided by the definition of a small wireless facility and that such deviation does not defeat the concealment features set by the City’s Wireless Facility Design Standards.
ii. The decision of the director to approve a small wireless facility minor deviation, if any, shall be final and not subject to appeal under City code.
c. Conditional Use Permit (Type 2 Review). Small wireless facilities that require a conditional use permit per the table contained in SMC 21.06.060.G shall be processed according to the conditional use permit process under this subsection 2.c. Further, any small wireless facilities that trigger SEPA review (which is a Type 2 land use decision) shall be processed under this subsection 2.c.
i. A conditional use permit may be granted by the director if the applicant demonstrates the following:
a) The proposed facility cannot be sited pursuant to subsection 2.a. or 2.b. of this section while meeting network deployment objectives (if applicable); or collocation on a nearby facility is infeasible, unavailable, and/or will not meet network deployment objectives; or
b) The applicant can demonstrate through technical analysis, subject to third-party review, that it is technically infeasible to meet the City’s Wireless Facilities Design Standards and the applicant can demonstrate that the SWF can still meet all other design elements of the City’s Wireless Facilities Design Standards other than the standard(s) that are technically infeasible.
L. Macro cell facilities.
1. General.
a. New macro cell facilities shall not exceed 90 feet tall including antennas and equipment. Macro cell facilities may exceed this height limitation if approved by a conditional use permit. Provided that macro cell facilities may exceed 90 feet without a conditional use permit when necessary to add height to an existing structure where a bird nesting habitat feature/structure has been established at the top of the existing structure. In this circumstance additional height is allowed when the additional height is not for antennae extension and is the minimum height extension necessary to relocate the nest feature/structure and is designed in consultation with a qualified habitat biologist.
b. For a non-City-owned structure in the public right-of-way onto which an applicant or network provider proposes to attach a macro cell facility, if the owner of the structure requires more restrictive standards than those in this chapter, then the more restrictive standards shall apply. If any portion of the privately owned structure is on private property, prior to installation the applicant must first obtain all applicable zoning and building/electrical permits in addition to right-of-way permits.
c. Wireless communication facilities in the City’s shoreline jurisdiction or critical areas are subject to review as provided in SMC Title 25, Shoreline Management, SMC 21.03.020, Environmentally Critical Areas, and SMC 21.09.030, State Environmental Policy Act Procedures, as applicable.
d. Macro cell facilities are prohibited on City-owned structures or property (unless allowed pursuant to a franchise agreement or lease approved by City council).
e. New poles shall not be located in any zoning setback area on private and public property, as established for each zoning designation in SMC 21.04.030. This shall not apply to new poles in the right-of-way or along private streets.
f. Macro cell facilities shall be compliant with the Wireless Facility Design Standards.
g. New macro facilities shall be designed to discourage use by birds as a habitat feature and/or nesting structure.
2. Review Process.
a. Standard Wireless Use Permit (Type 1 Review).
i. The following macro cell facilities may be permitted with a standard wireless use permit:
a) Macro cell facilities collocating with an existing WCF.
b) Macro cell facilities located on NB, CB, O and TC-A through TC-E zoned private property.
c) Macro cell facilities mounted or attached to a building in a nonresidential zone.
d) Macro cell facilities located within public right-of-way on existing poles/structures not currently housing a WCF, exclusive of right-of-way adjacent to R zones.
e) Macro cell facilities along private streets on an existing or replacement support structure exclusive of any private roads in R zones.
f) Replacement poles as defined in SMC 21.06.060.F.
b. Conditional Use Permit (Type 2 Review).
i. Macro cell facilities that cannot be sited pursuant to subsection 2.a. of this section or that require a conditional use permit pursuant to Table A in SMC 21.06.060.G shall be processed pursuant to the conditional use permit process under this subsection 2.b. A conditional use permit may be granted by the director if the applicant demonstrates the following:
a) Wireless use locations pursuant to subsection 2.a. of this section and SMC 21.06.060.G, Table A, will not meet network deployment objectives; and
b) Collocation on a nearby facility is infeasible, unavailable, and/or will not meet network deployment objectives.
ii. Applicants shall submit technical analysis to support the conditional use permit request.
iii. A conditional use permit may also be used to allow a deviation from the dimensional standards required by this chapter or the Wireless Facility Design Standards, pursuant to the following criteria:
a) The applicant can demonstrate through technical analysis, subject to review by City consultant, that there is no other location that is technically feasible or available that would meet the dimensional requirements; or
b) The applicant can demonstrate through technical analysis, subject to review by City consultant, the dimensional requirements of the structure does not allow the WCF to function; and
c) Demonstrate that the WCF can still meet all other design elements of this chapter and/or the Wireless Facilities Design Standards and public works standards if on public right-of-way.
iv. Further, macro cell facilities that cannot be sited pursuant to subsection 2.a. of this section must meet one of the following infeasibility criteria, to the extent applicable:
a) The network provider must provide the designated official with documentation that establishes that it contacted the owner of each existing wireless facility that currently houses a macro cell facility located within 1,000 feet of the proposed location and that owner has denied the network provider’s request to collocate. If the request was granted but the network provider contends it still cannot locate at that location for other reasons, the network provider must provide the designated official with a detailed explanation of why the collocation is not technically feasible or otherwise not possible, and is subject to third-party review.
b) The network provider must provide the designated official with documentation that establishes that it considered locations within those nonresidential zones located within 1,000 feet of the proposed location. This documentation must be completed and certified by a designated employee or contractor outlining the reasons which must be technical or permissive in nature why such locations within nonresidential zones are not technically feasible, not possible, or unavailable, and is subject to third-party review.
M. Third-party review. If technical documentation is required to demonstrate feasibility or inability to meet the siting criteria and/or any aspects of the technical requirements of this code, or when a conditional use permit from this code is requested, the City may retain a third-party qualified consultant at the applicant’s expense to review the supporting documentation for content and accuracy of the technical information.
Reasonable and actual expenses resulting directly from required third-party review shall be billed to the permit applicant or network provider as part of the permit review process. A permit shall not be issued until all permit processing costs incurred and billed have been paid.
N. Design requirements.
1. Design requirements for wireless communication facilities can be found in the Wireless Facility Design Standards.
2. Wireless facility design standards may be modified by a franchise agreement between the applicant and the City.
O. Installation, inspection, and maintenance.
1. All installations shall be in compliance with the issued permit(s).
2. Following construction, and prior to operation of equipment, the City shall inspect the WCF installation. Any construction performed out of compliance with the approved permit shall be promptly corrected by the applicant following receipt of notification by the City. Failure to bring the construction into compliance with the permit may result in forfeiture of any applicable franchise guarantees for work within the right-of-way, forfeiture of any deposits for facilities located on City properties, and code enforcement penalties and fines, as applicable and as authorized by the SMC, as determined by the designated official.
3. The applicant shall maintain WCF including any required concealment or screening. The applicant shall replace any plants required by this chapter, the Wireless Facility Design Standards, or approved or required as part of the permit approval that are unhealthy or dead. In the event that screening is not maintained at the required level, the City, after giving 30 days’ advance written notice to the network provider, may maintain or establish the screening and bill the responsible party for the actual costs incurred by the City for the screening until such costs are paid in full.
4. A wireless communication facility ceasing to be operational or falling into disrepair shall be removed by the facility owner within 90 days of receipt of written notification of lack of operation or disrepair by the City and an opportunity to cure. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts. Whenever a wireless communications facility ceases operation or falls into disrepair as provided in this section and as determined by either the designated official or the network provider, the entire wireless communications facility shall be removed, including but not limited to: all antennas, antenna supports, feeder lines, equipment enclosures, equipment, conduit, and the concrete pad upon which the structure is located. The facility owner may apply for an extension of time within those 90 days if resuming operation of the facility is expected. The designated official, at their sole discretion, may extend the time for a period not to exceed six months upon written request by the owner. The six-month extension is only for facilities that are expected to be operational again within the six-month time frame.
a. If the network provider requires the removal or relocation of a WCF or related ground equipment at its own discretion, it shall, within 14 days prior to any work, notify the designated official in writing.
b. Should the designated official determine a permitted WCF or related equipment has become a danger to the public health, safety, welfare, or City property, the network provider shall within 24 hours remove or secure their facilities, at their sole expense, to the satisfaction of the designated official.
c. Should a WCF or its related equipment become vandalized by graffiti, the network provider shall, within 14 calendar days of discovery or notification of the damage, either remove the graffiti or repaint the structure.
d. All macro and small wireless poles shall contain a tag clearly visible and legible that identifies the owner and operator of the pole along with an emergency contact number for the pole owner. This does not apply to a provider leasing a pole from another entity like Puget Sound Energy.
P. Interference. Interference among WCF and between WCF and other equipment shall be governed by federal law and the FCC’s rules and regulations with respect to radio frequency interference. (Ord. O2021-540 § 2 (Att. A))
A. Purpose and intent.
1. The purpose of the transfer of development rights (TDR) program is to implement a market-based tool to permanently preserve partially developed or undeveloped land with important public benefits, such as farmland, forestland, open space, and wildlife habitat, through the private acquisition of the development rights on those lands (“sending sites”) and the subsequent transfer of those rights to lands more suitable for development (“receiving sites”).
2. The TDR provisions supplement land use regulations, resource protection efforts and open space acquisition programs and are intended to encourage increased residential development density or increased commercial square footage where it can best be accommodated by:
a. Providing an incentive process for property owners of partially developed property, undeveloped land, farmland, forestland, open space and wildlife habitat to preserve lands with a public benefit; and
b. Providing an administrative review process to ensure that transfers of development rights are evaluated and administered in a fair and timely manner in accordance with other City goals and policies.
B. Applicability. All new development on a site identified as a receiving site pursuant to SMC 21.06.070.D shall have the option to acquire a certified transfer of development rights to increase the development potential of the receiving site. All private property owners owning a site that qualifies as a sending site pursuant to SMC 21.06.070.C and SMC 21.06.070.E shall have the option to request sending site certification and to sell the development potential of a sending site to an interested buyer. The development potential of a sending site, as determined by site certification pursuant to SMC 21.06.070.F, may be transferred and credited to a receiving site only when the transfer is approved in accordance with this chapter.
C. Sending site categories and criteria.
1. A sending site may be certified by the City pursuant to SMC 21.06.070.F, provided the sending site meets the criteria for one of the following sending site categories, and the provisions of subsection 2. of this section:
a. In-City Sending Sites. Undeveloped or partially developed properties located within the following areas may qualify as in-City sending sites. The department shall maintain maps of the approximate location of these areas, which shall be subject to field verification as part of the certification process:
i. Properties located within the Thompson subbasin; or
ii. Properties located within the Inglewood subbasin; or
iii. Properties located within erosion hazards special district overlay; or
iv. Properties located within the wetland management areas special district overlay.
b. Interjurisdictional Sending Sites.
i. Unincorporated King County land identified by the City council in an interlocal agreement with King County; or
ii. Land identified by the City council in an interlocal agreement with another jurisdiction.
c. For the purposes of this chapter, “undeveloped properties” are properties that have the potential to accommodate dwelling units and do not currently contain dwelling units.
2. To be eligible for the TDR program, all sending sites shall be certified by the City pursuant to SMC 21.06.070.F, have intact development potential, and provide a defined public benefit.
a. A sending site is deemed to have a defined public benefit if the site is:
i. Open space adjacent to, or connected with, City park or open space lands; or
ii. Wildlife habitat for threatened and/or endangered species listed by the federal government or the state of Washington; or
iii. Located such that preservation will provide additional protection for sensitive subbasins or environmentally critical areas; or
iv. Farmland; or
v. Forestland.
b. A sending site is deemed to have intact development potential if the area proposed for conservation is:
i. Of sufficient area to create at least one development right pursuant to SMC 21.06.070.E; and
ii. Contiguous, except for division by public rights-of-way; and
iii. The sending site’s development rights or development capacity is not exhausted through any of the following:
a) Existing development on the site; or
b) Agriculture, recreation, or open space easements; or
c) Conservation of environmentally sensitive areas and their buffers through means including, but not limited to, an open space easement or native growth easement; or
d) Alteration by a conservation easement or through any agreement.
3. Development rights acquired from eligible sending sites may be transferred to eligible receiving sites through the TDR transfer process. After completion of the conveyance of a sending site’s development rights, the property shall be maintained in a condition that is consistent with the criteria in this chapter under which the sending site was qualified by means of a TDR conservation easement.
D. Receiving sites.
1. Eligible receiving sites shall be:
a. Town Center subarea properties as follows:
i. Commercial properties in Zone A of the Town Center subarea;
ii. Residential properties in Zones A, B, C, and D of the Town Center subarea.
b. [Placeholder for future receiving sites].
2. Except as provided in this chapter, development of a receiving site shall remain subject to all use, lot coverage, height, setback and other applicable requirements of the Sammamish Municipal Code.
3. A Town Center subarea receiving site may accept density credits, up to the maximum density authorized pursuant to SMC 21.07.050, from any sending site or combination of sending sites.
4. A [placeholder for future receiving sites] receiving site may accept density credits, up to the maximum density authorized pursuant to SMC 21.04.030, from any sending site or combination of sending sites.
E. Calculation of available development rights from sending sites. The number of development rights that a sending site is eligible to sell under this program shall be calculated based upon the sending site category established pursuant to SMC 21.06.070.C, provided:
1. Interjurisdictional Sending Sites.
a. The number of development rights eligible for sale on a sending site located on land identified by the City council in an interlocal agreement with another jurisdiction shall be determined pursuant to the interlocal agreement.
b. If the sending site is located on unincorporated King County land identified by the City council in an interlocal agreement with King County, the number of development rights eligible for sale may be determined pursuant to the interlocal agreement.
2. In-City Sending Sites. The number of development rights eligible for sale on a sending site located in the in-City preservation sending site category shall be determined pursuant to SMC 21.04.030.G and SMC 21.04.030.H, subject to the limitation of subsection 3. of this section; and provided, that the minimum number of development rights for an undeveloped property shall be one per legal lot.
3. No development rights may be assigned to land already encumbered by a conservation easement unless expressly reserved by the easement.
F. Sending site certification.
1. Sending Sites Located within Sammamish.
a. The City shall be responsible for determining whether properties are eligible to be considered a sending site. The City shall base its decision on the materials provided by the landowner in a TDR sending site application and a satisfaction of the sending site requirements outlined in SMC 21.06.070.C and calculations in SMC 21.06.070.E.
b. Responsibility for preparing a completed sending site application rests exclusively with the applicant. Application forms shall be available from the department of community development.
c. Sending site landowners may obtain TDR certificates which can be transferred pursuant to SMC 21.06.070.J and used by receiving area landowners. The process for obtaining the TDR certificates is as follows:
i. Following City review and approval of an application for TDR certificates by the sending site owner, the City shall issue a TDR certificate letter of intent. The letter shall contain the following:
a) A determination of the number of development rights calculated for the sending site pursuant to SMC 21.06.070.E and SMC 21.06.070.J; and
b) An agreement by the City to issue a corresponding number of TDR certificates in conversion for a conservation easement granted by the City or the City’s designated agent; and
c) A summary of the expected terms of use for the sending site established through SMC 21.06.070.G.
ii. The sending site owner may use the TDR certificate letter of intent to market sending site development rights to potential purchasers, but the certificate letter of intent shall have no value and cannot be transferred or used to obtain increased development rights within receiving areas.
iii. The letter of intent shall expire 10 years from the date of issuance by the City of Sammamish.
iv. As provided by the TDR certificate letter of intent, the City shall issue serially numbered TDR certificates to the sending site owner upon acceptance of a TDR conservation easement. The City shall have 90 days from the date the conservation easement is offered by the sending site owner in which to conduct, at its discretion, a review of the sending site records and/or a site inspection.
v. A TDR conservation easement will not encumber a sending site until such time as a TDR certificate or certificates have been issued to sending site landowners pursuant to SMC 21.06.070.J except by owner preference. The director is authorized to create administrative rules to provide for phased development of a project incorporating TDRs.
2. Sending Sites Located Outside of Sammamish.
a. All development rights transferred through an interlocal agreement with another jurisdiction from sending sites located outside of the City limits of Sammamish shall be transferred into Sammamish pursuant to the terms of the interlocal TDR agreement with the relevant jurisdiction.
b. All development rights that are not subject to the terms of an interlocal agreement with another jurisdiction and are transferred from sending sites located outside the City limits of Sammamish shall be transferred into Sammamish pursuant to subsection 1. of this section.
3. The maximum number of sending site TDR certificates issued, and resulting in the recording of a conservation easement, shall not exceed 630.
G. Documentation of restrictions.
1. TDR certificates issued to sending sites by the City of Sammamish shall have a conservation easement restricting the deed and granted to the City of Sammamish, or an appropriate agent, recorded with King County and notice placed on the title of the sending parcel.
2. TDR certificates issued to sending sites pursuant to an interlocal agreement with another jurisdiction shall have a conservation easement restricting the deed recorded with King County and notice placed on the title of the sending parcel.
3. The director shall establish the form of conservation easements issued by the City of Sammamish; however, the conservation easement shall contain, at a minimum the following items:
a. The number of development rights extinguished on the sending site through the TDR certificate issuance;
b. The specific public benefit identified on the subject site pursuant to SMC 21.06.070.C; and
c. The terms of use for the subject site, consistent with required protections of the identified public benefit;
d. The intent of the conservation easement shall be to encumber the property perpetually.
H. Sending site development limitations.
1. Sending sites that the City has issued TDR certificate letter of intent for shall be limited to uses consistent with the purpose and intent of this chapter and with the criteria originally used as the basis for issuing the letter of intent to the sending site pursuant to SMC 21.06.070.C and SMC 21.06.070.F. Failure to use the sending site in a manner consistent with the original certification may result in the City not issuing TDR certificates.
2. When only a portion of a site’s development rights have been conveyed and extinguished, the owner retains all rights on the remaining buildable portion of the property and may exercise them pursuant to Sammamish Municipal Code.
3. The conservation easement by its terms may reserve dwelling units that may be developed in the future. Transferred development rights explicitly identified in the conservation easement pursuant to SMC 21.06.070.G shall be separated from the property through the conservation easement.
4. The landowner shall not undertake any division, subdivision or partitioning of the property, whether by physical or legal process, which includes, but is not limited to, any subdivision, short subdivision, platting, binding site plan, testamentary division, or other process by which the property is divided into lots or in which title to different portions of the property are not held in unified ownership, unless such land division allocates the reserved development rights between the divided parcels of property in a manner consistent with the terms of the conservation easement.
5. Use of a sending site subject to a conservation easement shall be limited to uses consistent with the purpose and intent of this chapter and with the criteria originally used to establish the sending site.
6. Once an undeveloped or partially developed sending site has been encumbered by a conservation easement, additional development potential within the sending site area constrained by the conservation easement cannot be created by means of a rezone of the property.
I. Receiving site incentives.
1. Development rights may be purchased to achieve TDR-based incentive densities allowed by Sammamish development regulations on receiving sites identified in SMC 21.06.070.D.
2. Receiving Site Incentives.
a. Town Center. The following table outlines TDR-based incentives for eligible receiving sites with the purchase of a development right. (For example, a sending site in the R-1 zone that generates one TDR will allow for the creation of four dwelling units at a receiving in the TC-C zone of the Town Center. Alternatively, the same site in the R-1 zone that generates one TDR will allow 7,716 square feet of additional commercial development in the Town Center):
Receiving Site Incentive Table | |||||
|---|---|---|---|---|---|
Sending Zones | |||||
R-1 | R-4 | R-6 | KC Lands | ||
Commercial | 7,716 sq. ft. | 3,560 sq. ft. | 2,600 sq. ft. | 3,560 sq. ft. | |
Receiving Zones | Zone C | 4 du | 2 du | 1 du | 2 du |
Zone B | 7 du | 3 du | 2 du | 3 du | |
Zone A | 5 du | ||||
Note: Dwelling units may be transferred from the TC-D zone into the TC-A zones, subject to the provisions of SMC 21.07.050.C.2.d.
b. [Placeholder for future receiving sites].
3. Modification of Receiving Site Incentives.
a. The director is authorized to recommend that the City council adopt a revised incentive table to address changing economic conditions or to further refine the receiving site incentives. The director is also authorized to recommend that the City council adopt receiving site incentives for sending sites not currently identified in subsection 2. of this section. The incentive table shall not be revised more than once in a calendar year. The director shall base the recommendation of a revised incentive table on the following economic analysis:
i. The expected marginal value of the receiving site incentives; and
ii. The prevailing cost of per square foot commercial or residential development and the impact of the acquisition of TDRs on a project’s marginal returns; and
iii. The appropriate regional costs of development per commercial square foot or residential dwelling unit; and
iv. Consistency with the conservation principles and purpose and intent of this chapter.
b. Once adopted by the Council, the modified receiving site incentive table shall be used for calculation of receiving site incentives. Within 14 days of adopting a revised incentive table, the director shall mail notification to property owners with an active TDR certificate letter of intent following adoption of a revised incentive table.
c. If adoption of a revised incentive table is requested by a developer or private property owner, the burden of preparing the economic analysis shall be on the developer or private property owner.
d. The director shall keep a log of modified receiving site incentives and shall periodically report the modifications to the City council.
J. TDR transfer process.
1. Receiving site landowners are required to transfer sending site TDR certificates to achieve TDR-based incentive densities. Permit applications may be submitted without the purchase of TDR certificates, but no permits for development associated with a TDR project shall be issued until the TDR certificate requirement is satisfied.
2. The required TDR certificates may be acquired by:
a. Transferring development rights from certified sending sites; or
b. Transferring development rights from certified sending sites owned by a receiving site owner; or
c. Purchasing previously purchased, unexecuted development rights from another buyer.
3. All receiving site projects using TDRs must be in accordance with all other applicable laws and regulations. (Ord. O2021-540 § 2 (Att. A))
A. Findings and declaration of purpose.
1. The Sammamish City council finds that:
a. The protection, enhancement, perpetuation and use of buildings, sites, districts, structures and objects of historical, cultural, architectural, engineering, geographic, ethnic and archaeological significance located in the City of Sammamish, and the collection, preservation, exhibition and interpretation of historic and prehistoric materials, artifacts, records and information pertaining to historic preservation and archaeological resource management are necessary in the interest of prosperity, promote civic pride and benefit the general welfare of the residents of the City of Sammamish.
b. Such cultural and historic resources are a significant part of the heritage, education and economic base of the City of Sammamish, and the economic, cultural and aesthetic well-being of the county cannot be maintained or enhanced by disregarding its heritage and by allowing the unnecessary destruction or defacement of such resources.
c. Present historic preservation programs and activities are inadequate for ensuring present and future generations of the City of Sammamish residents and visitors a genuine opportunity to appreciate and enjoy our heritage.
d. King County has the experience and personnel qualified to administer a preservation program and that the City desires to make use of the County’s expertise.
2. The purposes of this chapter are to:
a. Designate, preserve, protect, enhance and perpetuate those sites, buildings, districts, structures and objects which reflect significant elements of the City’s, state’s and nation’s cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic and other heritage;
b. Foster civic pride in the beauty and accomplishments of the past;
c. Stabilize and improve the economic values and vitality of landmarks;
d. Protect and enhance the City’s tourist industry by promoting heritage-related tourism;
e. Promote the continued use, exhibition and interpretation of significant historical or archaeological sites, districts, buildings, structures, objects, artifacts, materials and records for the education, inspiration and welfare of the people of the City of Sammamish;
f. Promote and continue incentives for ownership and utilization of landmarks;
g. Assist, encourage and provide incentives to public and private owners for preservation, restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects;
h. Assist, encourage and provide technical assistance to public agencies, public and private museums, archives and historic preservation associations and other organizations involved in historic preservation and archaeological resource management.
B. Landmarks commission created – Membership and organization.
1. The King County landmarks commission established pursuant to Chapter 20.62 KCC is hereby designated and empowered to act as the landmarks commission for the City of Sammamish pursuant to the provisions of this chapter.
2. The special member of the King County landmarks commission provided for in KCC 20.60.030 shall be appointed by the mayor subject to confirmation of the City council. Such special member shall have a demonstrated interest and competence in historic preservation. Such appointment shall be made for a three-year term. Such special member shall serve until his or her successor is duly appointed and confirmed. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. Such special member may be reappointed, but may not serve more than two consecutive three-year terms. Such special member shall be deemed to have served one full term if such special member resigns at any time after appointment or if such special member serves more than two years of an expired term. The special members of the commission shall serve without compensation except for out-of-pocket expenses incurred connected with commission meetings or programs. The City of Sammamish shall reimburse such expenses incurred by such special member.
3. The commission shall not conduct any public hearings required under this chapter with respect to properties located within the City of Sammamish until its rules and regulations, including procedures consistent with this chapter, have been filed with the City clerk.
C. Designation criteria.
1. An historic resource may be designated as a City of Sammamish landmark if it is more than 40 years old or, in the case of a landmark district, contains resources that are more than 40 years old, and possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
a. Is associated with events that have made a significant contribution to the broad patterns of national, state or local history; or
b. Is associated with the lives of persons significant in national, state or local history; or
c. Embodies the distinctive characteristics of a type, period, style or method of design or construction, or that represents a significant and distinguishable entity whose components may lack individual distinction; or
d. Has yielded, or may be likely to yield, information important in prehistory or history; or
e. Is an outstanding work of a designer or builder who has made a substantial contribution to the field of construction or design.
2. An historic resource may be designated a community landmark through the designation process in SMC 21.06.080.E because it is an easily identifiable visual feature of a neighborhood or the City and contributes to the distinctive quality or identity of such neighborhood or City or because of its association with significant historical events or historic themes, association with important or prominent persons, or recognition by local citizens for substantial contribution to the community. An improvement or site qualifying for designation solely by virtue of satisfying criteria set out in this section shall be designated a community landmark and shall not be subject to the provisions of SMC 21.06.080.F.
3. Cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 40 years shall not be considered eligible for designation. However, such a property shall be eligible for designation if it is:
a. An integral part of districts that meet the criteria set out in SMC 21.06.090; or
b. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or
c. A building or structure removed from its original location but which is significant primarily for its architectural value, or which is the surviving structure most importantly associated with a historic person or event; or
d. A birthplace, grave or residence of a historical figure of importance if there is no other appropriate site or building directly associated with his or her productive life; or
e. A cemetery that derives its primary significance from graves of persons of importance, from age, from distinctive design features, or from association with historic events; or
f. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner or as part of a restoration master plan, and when no other building or structure with the same association has survived; or
g. A property commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or
h. A property achieving significance within the past 40 years, if it is of exceptional importance.
D. Nomination procedure.
1. Any person, including the historic preservation officer and any member of the commission, may nominate an historic resource for designation as a landmark or community landmark. The procedures set forth in this section and SMC 21.06.080.E may be used to amend existing designations or to terminate an existing designation based on changes which affect the applicability of the criteria for designation set forth in SMC 21.06.080.C. The nomination or designation of an historic resource as a landmark shall constitute nomination or designation of the land which is occupied by the historic resource unless the nomination provides otherwise. Nominations shall be made on official nomination forms provided by the City of Sammamish department of community development or the historic preservation officer, shall be filed with the department, and shall include all data required by the historic preservation officer.
2. Upon receipt by the department of any nomination for designation, the department shall forward the nomination to the historic preservation officer, who shall consult with the person or persons submitting the nomination, and the owner, and prepare any amendments to or additional information on the nomination deemed necessary by the historic preservation officer. The historic preservation officer may refuse to accept any nomination for which inadequate information is provided by the person or persons submitting the nomination. It is the responsibility of the person or persons submitting the nomination to perform such research as is necessary for consideration by the commission. The historic preservation officer may assume responsibility for gathering the required information or appoint an expert or experts to carry out this research in the interest of expediting the consideration.
3. When the historic preservation officer is satisfied that the nomination contains sufficient information and complies with the commission’s regulations for nomination, the historic preservation officer shall forward the nomination to the historic preservation officer and the landmarks commission for consideration. The historic preservation officer shall give notice in writing, certified mail/return receipt requested, to the owner of the property or object, to the person submitting the nomination and interested persons of record that a preliminary or a designation determination on the nomination will be made by the commission. The notice shall include:
a. The date, time, and place of hearing;
b. The address and description of the historic resource and the boundaries of the nominated resource;
c. A statement that, upon a designation or upon a preliminary determination of significance, the certificate of appropriateness procedure set out in SMC 21.06.080.F will apply;
d. A statement that, upon a designation or a preliminary determination of significance, no significant feature may be changed without first obtaining a certificate of appropriateness from the commission, whether or not a building or other permit is required. A copy of the provisions of SMC 21.06.080.F shall be included with the notice;
e. A statement that all proceedings to review the action of the commission at the hearing on a preliminary determination or a designation will be based on the record made at such hearing and that no further right to present evidence on the issue of preliminary determination or designation is afforded pursuant to this chapter.
4. The historic preservation officer shall, after mailing the notice required herein, promptly provide the commission with copies of the nomination and all supporting information to the commission. No nomination shall be considered by the commission less than 30 nor more than 45 calendar days after notice setting the hearing date has been mailed except where the historic preservation officer or members of the commission have reason to believe that immediate action is necessary to prevent destruction, demolition or defacing of an historic resource, in which case the notice setting the hearing shall so state.
E. Designation procedure.
1. The commission may approve, deny, amend or terminate the designation of a historic resource as a landmark or community landmark only after a public hearing. At the designation hearing, the commission shall receive evidence and hear argument only on the issues of whether the historic resource meets the criteria for designation of landmarks or community landmarks as specified in SMC 21.06.080.C and merits designation as a landmark or community landmark; and the significant features of the landmark. The hearing may be continued from time to time at the discretion of the commission. If the hearing is continued, the commission may make a preliminary determination of significance if the commission determines, based on the record before it, that the historic resource is of significant value and likely to satisfy the criteria for designation in SMC 21.06.080.C. The preliminary determination shall be effective as of the date of the public hearing at which it is made. Where the commission makes a preliminary determination, it shall specify the boundaries of the nominated resource, the significant features thereof and such other description of the historic resource as it deems appropriate. Within five working days after the commission has made a preliminary determination, the historic preservation officer shall file a written notice of the action with the director and mail copies of the notice, certified mail, return receipt requested, to the owner, the person submitting the nomination and interested persons of record. The notice shall include:
a. A copy of the commission’s preliminary determination; and
b. A statement that while proceedings pursuant to this chapter are pending, or six months from the date of the notice, whichever is shorter, and thereafter if the designation is approved by the commission, the certificate of appropriateness procedures in SMC 21.06.080.F shall apply to the described historic resource whether or not a building or other permit is required. A copy of SMC 21.06.080.F shall be enclosed with the notice.
c. The final decision of the commission shall be made after the close of the public hearing or at the next regularly scheduled public meeting of the commission thereafter.
2. Whenever the commission approves the designation of a historic resource under consideration for designation as a landmark, it shall, within 14 calendar days of the public meeting at which the decision is made, issue a written designation report, which shall include:
a. The boundaries of the designated resource and such other description of the resource sufficient to identify its ownership and location;
b. The significant features and such other information concerning the historic resource as the commission deems appropriate;
c. Findings of fact and reasons supporting the designation with specific reference to the criteria for designation in SMC 21.06.080.C; and
d. A statement that no significant feature may be changed, whether or not a building or other permit is required, without first obtaining a certificate of appropriateness from the commission in accordance with SMC 21.06.080.F, a copy of which shall be included in the designation report. The requirements of this subsection shall not apply to historic resources designated as community landmarks.
3. Whenever the commission rejects the nomination of a historic resource under consideration for designation as a landmark, it shall, within 14 calendar days of the public meeting at which the decision is made, issue a written decision including findings of fact and reasons supporting its determination that the criteria in SMC 21.06.080.C have not been met. If a historic resource has been nominated as a landmark and the commission designates the historic resource as a community landmark, the designation shall be treated as a rejection of the nomination for King County landmark status and the foregoing requirement for a written decision shall apply. Nothing contained herein shall prevent renominating any historic resource that is rejected under this subsection as a county landmark at a future time; provided, that no renomination shall occur unless a minimum of one year has passed since the prior decision of the commission.
4. A copy of the commission’s designation report or decision rejecting a nomination shall be delivered or mailed to the owner, to interested persons of record and to the director within five working days after it is issued. If the commission rejects the nomination and it has made a preliminary determination of significance with respect to the nomination, it shall include in the notice to the director a statement that SMC 21.06.080.F no longer applies to the subject historic resources.
5. If the commission approves, or amends a landmark designation, the provisions of SMC 21.06.080.F shall apply as approved or amended. A copy of the commission’s designation report or designation amendment shall be recorded with the King County records, elections and licensing services division, or its successor agency, together with a legal description of the designated resource and notification that SMC 21.06.080.F and 21.06.080.I apply. If the commission terminates the designation of a historic resource, SMC 21.06.080.F shall no longer apply to the historic resource.
F. Certificate of appropriateness procedure.
1. At any time after a designation report and notice has been filed with the director and for a period of six months after notice of a preliminary determination of significance has been mailed to the owner and filed with the director, a certificate of appropriateness must be obtained from the commission before any alterations may be made to the significant features of the landmark identified in the preliminary determination report or thereafter in the designation report. This requirement shall apply whether or not the proposed alteration requires a building or other permit. The designation report shall supersede the preliminary determination report upon issuance.
2. Ordinary repairs and maintenance which do not alter the appearance of a significant feature and do not utilize substitute materials do not require a certificate of appropriateness. Repairs to or replacement of utility systems do not require a certificate of appropriateness; provided, that such work does not alter an exterior significant feature.
3. There shall be three types of certificates of appropriateness, as follows:
i. Type I, for restorations and major repairs which utilize in-kind materials.
ii. Type II, for alterations in appearance, replacement of historic materials and new construction.
iii. Type III, for demolition, moving and excavation of archaeological sites.
a. The historic preservation officer may approve Type I certificates of appropriateness administratively without public hearing, subject to procedures adopted by the commission. Alternatively the historic preservation officer may refer applications for Type I certificates of appropriateness to the commission for decision. The commission shall establish and adopt an appeals procedure concerning Type I decisions made by the historic preservation officer.
b. Type II and III certificates of appropriateness shall be decided by the commission and the following general procedures shall apply to such commission actions:
i. Application for a certificate of appropriateness shall be made by filing an application for such certificate with the historic preservation officer on forms provided by the commission.
ii. If an application is made to the director for a permit for any action which affects a landmark, the director shall promptly refer such application to the historic preservation officer, and such application shall be deemed an application for a certificate of appropriateness if accompanied by the additional information required to apply for such certificate. The director may continue to process such permit application, but shall not issue any such permit until the time has expired for filing with the director the notice of denial of a certificate of appropriateness or a certificate of appropriateness has been issued pursuant to this chapter.
iii. After the commission has commenced proceedings for the consideration of any application for a certificate of appropriateness by giving notice of a hearing pursuant to subsection 3.b.iv. of this section, no other application for the same or a similar alteration may be made until such proceedings and all administrative appeals therefrom pursuant to this chapter have been concluded.
iv. Within 45 calendar days after the filing of an application for a certificate of appropriateness with the commission or the referral of an application to the commission by the director except those decided administratively by the historic preservation officer pursuant to subsection 3.b. of this section, the commission shall hold a public hearing thereon. The historic preservation officer shall mail notice of the hearing to the owner, the applicant, if the applicant is not the owner, and parties of record at the designation proceedings, not less than 10 calendar days before the date of the hearing. No hearing shall be required if the commission, the owner and the applicant, if the applicant is not the owner, agree in writing to a stipulated certificate approving the requested alterations thereof. This agreement shall be ratified by the commission in a public meeting and reflected in the commission meeting minutes. If the commission grants a certificate of appropriateness, such certificate shall be issued within 10 days and the historic preservation officer shall promptly file a copy of such certificate with the director.
v. If the commission denies the application for a certificate of appropriateness, in whole or in part, it shall so notify the owner, the person submitting the application and interested persons of record setting forth the reasons why approval of the application is not warranted.
G. Evaluation of economic impact.
1. At the public hearing on any application for a Type II or Type III certificate of appropriateness, or Type I if referred to the commission by the historic preservation officer, the commission shall, when requested by the property owner, consider evidence of the economic impact on the owner of the denial or partial denial of a certificate. In no case may a certificate be denied, in whole or in part, when it is established that the denial or partial denial will, when available incentives are utilized, deprive the owner of a reasonable economic use of the landmark and there is no viable and reasonable alternative which would have less impact on the features of significance specified in the preliminary determination report or the designation report.
2. To prove the existence of a condition of unreasonable economic return, the owner must establish and the commission must find both of the following:
a. The landmark is incapable of earning a reasonable economic return without making the alterations proposed. This finding shall be made by considering and the applicant shall submit to the commission evidence establishing each of the following factors:
i. The current level of economic return on the landmark as considered in relation to the following:
a) The amount paid for the landmark, the date of purchase, and party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the landmark was purchased;
b) The annual gross and net income, if any, from the landmark for the previous five years; itemized operating and maintenance expenses for the previous five years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
c) The remaining balance on any mortgage or other financing secured by the landmark and annual debt service, if any, during the prior five years;
d) Real estate taxes for the previous four years and assessed value of the landmark according to the two most recent assessed valuations;
e) All appraisals obtained within the previous three years by the owner in connection with the purchase, financing or ownership of the landmark;
f) The fair market value of the landmark immediately prior to its designation and the fair market value of the landmark (in its protected status as a designated landmark) at the time the application is filed;
g) Form of ownership or operation of the landmark, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or both;
h) Any state or federal income tax returns on or relating to the landmark for the past two years.
ii. The landmark is not marketable or able to be sold when listed for sale or lease. The sale price asked, and offers received, if any, within the previous two years, including testimony and relevant documents shall be submitted by the property owner. The following also shall be considered:
a) Any real estate broker or firm engaged to sell or lease the landmark;
b) Reasonableness of the price or lease sought by the owner;
c) Any advertisements placed for the sale or lease of the landmark.
iii. The unfeasibility of alternative uses that can earn a reasonable economic return for the landmark as considered in relation to the following:
a) A report from a licensed engineer or architect with experience in historic restoration or rehabilitation as to the structural soundness of the landmark and its suitability for restoration or rehabilitation;
b) Estimates of the proposed cost of the proposed alteration and an estimate of any additional cost that would be incurred to comply with the recommendation and decision of the commission concerning the appropriateness of the proposed alteration;
c) Estimated market value of the landmark in the current condition after completion of the proposed alteration; and, in the case of proposed demolition, after renovation of the landmark for continued use;
d) In the case of proposed demolition, the testimony of an architect, developer, real estate consultant, appraiser or other real estate professional experienced in historic restoration or rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing landmark;
e) The unfeasibility of new construction around, above, or below the historic resource;
f) Potential economic incentives and/or funding available to the owner through federal, state, county, City or private programs.
iv. The owner has the present intent and the secured financial ability, demonstrated by appropriate documentary evidence, to complete the alteration.
3. Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other appropriate factors applicable to economic return.
4. Upon reasonable notice to the owner, the commission may appoint an expert or experts to provide advice and/or testimony concerning the value of the landmark, the availability of incentives and the economic impacts of approval, denial or partial denial of a certificate of appropriateness.
5. Any adverse economic impact caused intentionally or by willful neglect shall not constitute a basis for granting a certificate of appropriateness.
H. Appeal procedure.
1. Any person aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may appeal such decision in writing to the hearing examiner, within 21 calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness. The written notice of appeal shall be filed with the historic preservation officer and the City clerk and shall be accompanied by a statement setting forth the grounds for the appeal, the appropriate fee, supporting documents, and argument.
2. If, after examination of the written appeal and the record, the hearing examiner determines that:
a. An error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration; or
b. The decision of the commission is based on an error in law, it may modify or reverse the decision of the commission.
3. The hearing examiner’s decision shall be based solely upon the record of the proceedings.
4. The hearing examiner shall take final action on any appeal from a decision of the commission by adoption of a resolution, and shall enter findings of fact and conclusions of law based upon the record which support its action. The council may adopt all or portions of the commission’s findings and conclusions.
5. The action of the hearing examiner sustaining, reversing, modifying or remanding a decision of the commission shall be final unless within 20 calendar days from the date of the action an aggrieved person obtains a writ of certiorari from the superior court of King County, state of Washington, for the purpose of review of the action taken.
I. Penalty for violation of SMC 21.06.080.E. Any person violating or failing to comply with the provisions of SMC 21.06.080.E shall incur a civil penalty consistent with SMC Title 23; provided, however, that no penalty shall be imposed for any violation or failure to comply which occurs during the pendency of legal proceedings filed in any court challenging the validity of the provision or provisions of this chapter, as to which such violations or failure to comply is charged.
J. Special valuation of historic properties.
1. There is hereby established and implemented a special valuation for historic properties as provided in Chapter 84.26 RCW.
2. The King County landmarks commission is hereby designated as the local review board for the purposes related to Chapter 84.26 RCW, and is authorized to perform all functions required by Chapter 84.16 RCW and Chapter 254-20 WAC.
3. All City of Sammamish landmarks designated and protected under this chapter shall be eligible for special valuation in accordance with Chapter 84.26 RCW.
K. Historic resources—Review process.
1. Upon receipt of an application for a development proposal located on or adjacent to a City of Sammamish historic resource, the application shall be circulated to the historic preservation officer. The City of Sammamish shall not approve any development proposal or otherwise issue any authorization to alter, demolish, or relocate or otherwise adversely affect any historic resource identified in the City of Sammamish historic resource inventory, pursuant to the requirements of this chapter until after the review and recommendation of the historic preservation officer is received and considered. The standards in SMC 21.04.030 and 21.06.020 shall be expanded when necessary, to preserve the aesthetic, visual and historic integrity of the historic resource from the impacts of development on the same or adjacent properties.
a. The historic preservation officer may recommend that the director continue to process the development proposal application, but not issue any development permits or issue a SEPA threshold determination until receiving a recommendation from the historic preservation officer. In no event shall review of the proposal by the historic preservation officer delay permit processing or issuance beyond any period required by law. Permit applications for changes to landmark properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant to SMC 21.06.080.F.
b. On known archaeological sites, before any disturbance of the site, including but not limited to test boring, site clearing, construction, grading or revegetation, the Washington State Department of Archaeology and Historic Preservation (DAHP), and the historic preservation officer, and appropriate Native American tribal organizations must be notified and state permits obtained, if required by law. The historic preservation officer may recommend that a professional archaeological survey be conducted to identify site boundaries, resources and mitigation alternatives prior to any site disturbance and that a technical report be provided to the historic preservation officer, DAHP and appropriate tribal organizations. The historic preservation officer may recommend approval, disapproval or permit conditions, including professional archeological surveys, to mitigate adverse impacts to known archeological sites.
L. Administrative rules. The director may promulgate administrative rules and regulations pursuant to SMC 21.09.010, to implement the provisions and requirements of this chapter.
M. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. O2021-540 § 2 (Att. A))
A. Definitions. The following words and terms shall, when used in this chapter, be defined as follows unless a different meaning clearly appears from the context:
1. Alteration. Any construction, demolition, removal, modification, excavation, restoration or remodeling of a landmark.
2. Building. A structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. “Building” may refer to an historically related complex, such as a courthouse and jail or a house and barn.
3. Certificate of appropriateness. Written authorization issued by the commission or its designee permitting an alteration to a significant feature of a designated landmark.
4. Commission. The City of Sammamish landmarks commission.
5. Community landmark. An historic resource which has been designated pursuant to SMC 21.06.080.E, but which may be altered or changed without application for or approval of a certificate of appropriateness.
6. Council. The Sammamish City council.
7. Designation. The act of the commission determining that an historic resource meets the criteria established by this chapter.
8. Designation report. A report issued by the commission after a public hearing setting forth its determination to designate a landmark and specifying the significant feature or features thereof.
9. Director. The director of the Sammamish department of community development or his or her designee.
10. District. A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.
11. Historic preservation officer. The King County historic preservation officer or his or her designee.
12. Historic resource. A district, site, building, structure or object significant in national, state or local history, architecture, archaeology, and culture.
13. Historic resource inventory. An organized compilation of information on historic resources considered to be significant according to the criteria listed in SMC 21.06.080.C. The historic resource inventory is maintained by the historic preservation officer and is updated from time to time to include newly eligible resources and to reflect changes to resources.
14. Incentives. Such compensation, rights or privileges or combination thereof, which the council, or other local, state or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner or owners of designated landmarks. Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, private or public grants-in-aid, beneficial placement of public improvements, or amenities, or the like.
15. Interested person of record. Any individual, corporation, partnership or association which notifies the commission or the council in writing of its interest in any matter before the commission.
16. Landmark. An historic resource designated as a landmark pursuant to SMC 21.06.080.E.
17. Nomination. A proposal that an historic resource be designated a landmark.
18. Object. A material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
19. Owner. A person having a fee simple interest, a substantial beneficial interest of record or a substantial beneficial interest known to the commission in an historic resource. Where the owner is a public agency or government, that agency shall specify the person or persons to receive notices under this chapter.
20. Person. Any individual, partnership, corporation, group or association.
21. Person in charge. The person or persons in possession of a landmark including, but not limited to, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee, lessee, tenant, agent, or any other person directly or indirectly in control of the landmark.
22. Preliminary determination. A decision of the commission determining that an historic resource which has been nominated for designation is of significant value and is likely to satisfy the criteria for designation.
23. Significant feature. Any element of a landmark which the commission has designated pursuant to this chapter as of importance to the historic, architectural or archaeological value of the landmark.
24. Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains an historical or archaeological value regardless of the value of any existing structures.
25. Structure. Any functional construction, such as a bridge or trestle, made usually for purposes other than creating human shelter. (Ord. O2021-540 § 2 (Att. A))