Title 22 DEVELOPMENT CODE

22.02.038 When a previously prepared EIS is adopted to meet the EIS requirement for a different proposal.

22.02.065 Public notice of environmental review, determinations and availability of environmental documents.

22.02.150 Administrative appeal of decision approving a proposal, with or without conditions, or denying a proposal.

22.02.005 Policy.

A. The policies and objectives of the State Environmental Policy Act of 1971, as amended, herein referred to as SEPA, are adopted as the policies and objectives of the city.

B. Any action by the city may be conditioned or denied pursuant to Chapter 43.21C RCW, the State Environmental Policy Act, and in accordance with BCC 22.02.140.

C. Furthermore, the city, recognizing that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment, declares to the fullest extent possible the city will utilize a systematic, interdisciplinary approach to ensure the integrated use of the natural, physical and social sciences to:

1. Take action necessary to provide the people of the city with clean air and water, freedom from unnecessary noise and an opportunity to enjoy the aesthetic, natural, scenic and historic qualities of the environment;

2. Take all action necessary to protect, rehabilitate, and enhance the environment of the city;

3. Ensure that the long term protection of the environment shall be one of the guiding criteria in public decision-making;

4. Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations. (Ord. 3305 § 1, 1983; Ord. 2340 § 2, 1976.)

22.02.010 Purpose.

The purpose of these procedures is to implement the requirements of the State Environmental Policy Act of 1971 (SEPA), Chapter 43.21C RCW, as amended, and the SEPA rules adopted by the state of Washington, Department of Ecology. These procedures establish principles, objectives, criteria and definitions to provide an efficient overall citywide approach for implementation of the State Environmental Policy Act and Rules. These procedures also designate the responsible official, where applicable, and assign responsibilities within the city under the National Environmental Policy Act (NEPA). (Ord. 3404 § 1, 1984; Ord. 2340 § 2, 1976.)

22.02.015 Scope and coverage of this code.

It is the intent of the city, that compliance with the requirements of this code shall constitute complete procedural compliance with SEPA and the SEPA rules for all city proposals. To the fullest extent possible, the procedures required by this code shall be integrated with existing planning and licensing procedures utilized by the city. (Ord. 3404 § 2, 1984; Ord. 2340 § 2, 1976.)

22.02.020 Adoption by reference.

The city adopts by reference, as though fully set forth in this chapter, the following sections and subsections of Chapter 197-11 WAC (the SEPA rules) as adopted by the Department of Ecology of the state of Washington, and as the same may be hereafter amended:

197-11-158 GMA project review – Reliance on existing plans, laws, and regulations;

197-11-168 Ordinances or resolutions designating planned actions – Procedure for adoption;

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping;

197-11-300 Purpose of this part (Categorical exemptions and threshold determinations);

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city;

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city and one or more state agencies;

197-11-936 Lead agency for private projects requiring licenses from more than one state agency;

22.02.025 Additional definitions.

In addition to those definitions contained within Chapter 197-11 WAC, Part 8, Definitions, the following terms have the following meanings, unless the context indicates otherwise:

A. “Advisory body” means any body established by ordinance of the Bellevue city council whose responsibilities include making a recommendation to the city council on actions subject to SEPA.

B. “City” means the municipal corporation of Bellevue and all departments and divisions thereof.

C. “Environmental coordinator” is the person appointed by the city manager to act as the responsible official under SEPA and the SEPA rules, and to administer city compliance with NEPA when required. As used in this chapter, the term also includes the authorized representative of the environmental coordinator.

D. “Lead department” means the city department or departments with the primary responsibility for making the decision or final administrative recommendation on a proposal.

E. “Proponent” means an agency or private applicant proposing an action subject to SEPA. For purposes of agency contact, the proponent means the contact person on the environmental checklist, or agent designated for that purpose by the agency or private applicant.

F. “SEPA rules” means Chapter 197-11 WAC, adopted by the Department of Ecology on January 26, 1984, as now or hereafter amended. (Ord. 4102 § 1, 1990; Ord. 3404 § 5, 1984; Ord. 2340 § 2, 1976.)

22.02.030 Environmental coordinator – Duties. Amended Ord. 5865

A. Perform all duties of the responsible official under SEPA and the SEPA rules, and this code;

B. Perform all duties required to be performed by the city under NEPA, including the provision of coordination with the appropriate federal agencies;

C. Establish procedures to guide city departments in determining whether proposals are categorically exempt under SEPA;

E. Supervise the preparation of all draft and final environmental impact statements and supplemental environmental impact statements;

F. Establish procedures as needed for the preparation of environmental documents, including environmental impact statements;

G. Develop procedures to ensure that environmental factors are considered by city decision-makers;

H. Supervise the response of the city when the city is a consulted agency, and establish procedures to ensure that city responses to consultation requests are prepared in a timely manner and include data from all appropriate city departments;

J. Recommend procedures and criteria to the city council for determining fees to be charged for compliance with SEPA requirements;

K. Maintain an inventory of significant environmental data and maps of environmentally sensitive areas;

L. Provide information to citizens, proponents and others concerning SEPA and this code;

M. Monitor and report on legislation and issues involving environmental matters to the city council and affected departments;

N. Conduct other duties as may be assigned by the city manager or designee thereof. (Ord. 3404 § 7, 1984.)

22.02.031 Timing of the environmental review process.

A. The timing of the environmental review process shall be determined based on the criteria in RCW 36.70B.050 and 36.70B.060, the SEPA rules and this section.

B. In accordance with RCW 36.70B.050 and 36.70B.060 and WAC 197-11-055(4), the environmental coordinator shall adopt procedures for environmental review of private proposals prior to the final detailed design stage. Such procedures shall specify the amount of detail needed from proponents for such early environmental review.

C. For city-initiated proposals, the initiating department should contact the environmental coordinator at initial proposal formulation to integrate environmental concerns into the early stage of the decision-making process.

D. For proposals subject to SEPA, the procedural requirements of SEPA and this code shall be undertaken in conjunction with decision making on the underlying proposal and prior to the city’s issuance of a permit, committing to a particular course of action, or taking action that would either have an adverse environmental impact, or limit the choice of reasonable alternatives.

E. No threshold determination is final until expiration of any applicable administrative appeal period following publication of the threshold determination, if not appealed, or, if appealed, until the decision on the administrative appeal becomes final. Where no administrative appeal for a threshold determination exists, the threshold determination is final upon issuance of the threshold determination. (Ord. 5618 § 1, 2005; Ord. 4817 § 2, 1995; Ord. 4102 § 2, 1990; Ord. 3404 § 8, 1984.)

22.02.032 Determination of categorical exemption. Amended Ord. 5865

A. Upon the receipt of an application for a proposal, the receiving department shall, and for city proposals, the initiating department shall, determine whether the proposal is an action potentially subject to SEPA and, if so, whether it is categorically exempt. This determination shall be made based on the definition of action ( WAC 197-11-704), the process for determining categorical exemption ( WAC 197-11-305) and the designation of environmentally sensitive areas under BCC 22.02.045. Departments shall ensure that the proposal is properly defined per WAC 197-11-060(3). If there is any question whether or not a proposal is exempt, the environmental coordinator shall be consulted and shall make the determination. If the proposal is not categorically exempt, the department making this determination (if different from the proponent) shall notify the proponent of the proposal that he/she must submit an environmental checklist per BCC 22.02.033.

B. Pursuant to the authority provided by WAC 197-11-800(1)(c), the following categorical exemption thresholds apply to exemptions determined under WAC 197-11-800(1) for minor new construction in Bellevue, replacing those provided under WAC 197-11-800(1)(b)(i), (ii) and (v):

1. The construction or location of residential structure(s) containing 10 or less dwelling units;

2. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 30,000 square feet, and to be used by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots;

3. Any landfill or excavation of 500 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder. (Ord. 4257 § 1, 1991; Ord. 4102 § 3, 1990; Ord. 3404 § 10, 1984.)

22.02.033 Environmental checklist. Amended Ord. 5865

An environmental checklist is required for every proposal determined not to be exempt, except in the case of proposals on which the city has decided to prepare its own EIS, or noncity proposals on which the city and the proponent agree an EIS will be prepared. In the case of a private proposal the proponent (or agent thereof) shall prepare the checklist except where WAC 197-11-340(3)(a)(iii) applies. The permit coordinator shall forward a copy of the checklist and plans to the office of environmental coordination. For proposals involving a permit application, copies of the checklist and related plans shall be submitted to the permit coordinator as specified on the permit application instructions. For proposals not involving a permit application, a copy of the environmental checklist shall be submitted directly to the office of environmental coordination, along with any other relevant materials describing the proposal and its impacts. (Ord. 3404 § 11, 1984.)

22.02.034 Threshold determination. Amended Ord. 5882

A. The environmental coordinator shall make the threshold determination and issue a determination of nonsignificance (DNS) or significance (DS). The environmental coordinator shall make such threshold determination in accordance with applicable sections of the SEPA rules, as adopted by this code. A threshold determination is a Process II decision governed by the procedures set out at LUC 20.35.200 et seq., except that the threshold determination associated with a Process IV or Process V action shall be merged with the Process IV and Process V action, and processed according to the notice, decision, appeal and other procedures set forth in LUC 20.35.400 to 20.35.450 (Process IV) or LUC 20.35.460 to 20.35.490 (Process V).

B. Except where the threshold determination is merged with a Process IV or Process V action, the environmental coordinator shall provide notice according to the rules set forth for Process II land use applications, decisions, and public hearings or meetings (LUC 20.35.200 et seq.). The timing of SEPA actions shall be coordinated to coincide with the underlying or related decision making processes as specified in BCC 22.02.160.

1. A threshold determination on a non-project action does not expire and is not subject to a time limitation. New or additional environmental review may be required, however, if the environmental coordinator determines that substantial changes to a proposal are being considered.

2. A threshold determination on a project action shall have a life of two years, but shall be automatically extended if a building permit is applied for or the use is established within that two-year period; provided, however, the environmental coordinator may also extend a threshold determination for a project action if no substantial changes to the project are proposed and environmental conditions considered in issuance of the original threshold determination have not changed substantially. (Ord. 5618 § 2, 2005; Ord. 4817 § 3, 1995; Ord. 4102 § 4, 1990; Ord. 3404 § 12, 1984.)

22.02.035 Mitigated DNS.

A. A proposal shall not be considered clarified or changed so as to permit the issuance of a mitigated DNS under WAC 197-11-350 unless all license applications on file with the city for proposal are revised to conform to the changes, or, when mitigating measures are proposed that do not affect the license application, until other documented binding commitments are made by the proponent.

C. If a mitigated DNS is issued, then the proposal revisions or mitigating measures that were committed to that allowed issuance of a mitigated DNS shall be included as part of the proposal in any decision or recommendation of approval of the underlying action.

D. If at any time the proposal (including associated mitigating measures) is substantially changed, the responsible official shall reevaluate the threshold determination and, if necessary, withdraw the mitigated DNS and issue a DS or new mitigated DNS. Any questions regarding whether or not a change is substantial shall be resolved by the environmental coordinator. (Ord. 3404 § 13, 1984.)

22.02.036 Environmental impact statements.

A. When Required. An environmental impact statement shall be required on any proposal determined to be a major action having a probable significant, adverse environmental impact. If it is determined that an environmental impact statement is required, the environmental coordinator shall notify the proponent, the lead department and (where a permit is involved), the permit coordinator, in addition to giving notice required under the SEPA rules.

B. Responsibility for EIS Preparation. For private proposals, an EIS shall be prepared by the proponent, by an outside consultant retained by the proponents by a consultant retained by the city, or by the city staff. The environmental coordinator shall determine whether the proponent, a consultant retained by the proponent, a consultant retained by the city, or city staff shall prepare the EIS. For city proposals, the EIS shall be prepared by a consultant or by city staff. In all cases, the method of preparation and the selection of the consultant shall be subject to the approval of the environmental coordinator. The environmental coordinator shall assure that the EIS is prepared in a responsible and professional manner, with appropriate methodology and consistent with the SEPA rules. The environmental coordinator shall also direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. Services rendered by the environmental coordinator and other city staff shall be subject to collection of fees as provided by city ordinance or resolution.

C. EIS Scope. An environmental impact statement is required to analyze those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The environmental coordinator shall consult with agencies, affected tribes and the public to identify such impacts and limit the scope of an environmental impact statement in accordance with applicable sections of the SEPA rules and with the procedures set forth in subsection D of this section. The purpose of the scoping process is to narrow the scope of every EIS to the probable significant adverse impacts and reasonable alternatives, including mitigation measures.

1. The environmental coordinator shall consult with agencies, affected tribes, and the public when determining the scope of an environmental impact statement by any or all of the following means. The specific method to be followed shall be determined on a proposal-by-proposal basis by the environmental coordinator, but, at a minimum, shall include subsection (a) below:

a. The environmental coordinator shall give notice that an EIS is to be prepared, which notice shall provide that agencies, affected tribes and the public may submit written comments on probable significant adverse impacts, reasonable alternatives, mitigation measures, and licenses or other approvals that may be required; comments must be submitted to the environmental coordinator not later than 21 days from the date of issuance of the determination of significance. When the scoping notice is issued in conjunction with a notice of application under RCW 36.70B.110, the comment period shall be no less than 14 days. Such notice shall be given as specified in BCC 22.02.065. Additionally, notice may be sent to any individuals or community groups known by the responsible official to have a possible interest in the proposal. Notice of the intent to prepare an EIS and the opportunity for commenting on the scope thereof may be sent with other public notices concerning the project.

b. The environmental coordinator may conduct a meeting to provide the opportunity for oral comment on the scope of the EIS. Notice of such meeting shall be published in a newspaper of general circulation at least 10 days prior to the date of the meeting. The scoping meeting may be combined with other meetings or hearings concerning the proposal.

c. The environmental coordinator may prepare or direct the EIS consultant to prepare a scoping questionnaire or information for distribution to interested parties, affected tribes and responsible public agencies for their response.

2. The appendix to the EIS shall include a summary of the issues raised during the scoping process and whether those issues have or have not been determined significant for analysis in the EIS. If a public meeting is held pursuant to this section, a tape of the meeting or a transcript thereof shall be included in the environmental coordinator’s official file on the proposal, except that a tape or transcript is not required if an informal workshop is held. If an informal workshop is held, a written summary of the workshop shall be prepared. All written comments regarding the scope of the EIS shall be included in the proposal file.

3. The public and agency consultation process regarding the scope of the EIS shall normally occur within 30 days after the determination of significance is issued, unless the environmental coordinator and the proponent agree on a later date. (Ord. 5067 § 2, 1998; Ord. 4433 § 1, 1992; Ord. 3477 § 1, 1985; Ord. 3404 § 14, 1984.)

22.02.037 When environmental review has previously been completed.

If a proponent indicates the proposal has previously complied with environmental review procedures, then documentation of this review must be provided. For those proposals modified since the draft or final EIS was issued or not explicitly covered in the prior environmental review, an environmental checklist must be submitted that references earlier environmental documents where appropriate. Alternatively, a copy of, or reference to, the prior environmental document with a cover letter identifying any changes or revisions may be submitted. In the latter case, a new environmental checklist may be required, and in either case, other additional information may be required at the option of the environmental coordinator. The environmental coordinator shall determine whether a new threshold determination is required and whether existing environmental documents are adequate for the current proposal using the criteria of WAC 197-11-600. (Ord. 3404 § 15, 1984.)

22.02.038 When a previously prepared EIS is adopted to meet the EIS requirement for a different proposal.

A. When a proposal is determined to have a probable significant adverse environmental impact, and the EIS requirement for that proposal is proposed to be met by adoption of a previously prepared EIS, then a proposed notice of adoption shall be issued and a minimum 14-day comment period provided. Notice of this comment period shall be provided by the notice method specified in BCC 22.02.065.

B. The environmental coordinator shall determine whether to have a scoping hearing to take public comment about the environmental impacts of the proposal and whether those impacts are adequately addressed in the documents proposed for adoption. In deciding whether to hold a scoping hearing, consideration shall be given to the following:

1. Whether the proposal involves a rezone or changes to the comprehensive plan or subarea plan;

4. How similar the new project is to the project for which the EIS was originally prepared; and

5. How similar the expected impacts from the new project are to those previously analyzed, including an assessment of the type of impact and the geographic range of the expected impact.

C. A scoping hearing shall be held for any project or proposal determined to have probable significant adverse environmental impacts if such a hearing is requested by at least 30 people.

D. Based on the comments received and analysis thereof, the environmental coordinator may determine that the new proposal is substantially different from the previous proposal so that the previous EIS does not adequately analyze its significant adverse environmental impacts, or there are changed conditions or new information indicating significant adverse environmental impacts not adequately analyzed in the EIS. In such case, a supplemental EIS shall be required. If no comments are received that change the environmental coordinator’s decision, the notice of adoption shall be issued; an addendum may be prepared if warranted. (Ord. 5067 § 3, 1998; Ord. 4817 § 4, 1995; Ord. 3404 § 16, 1984.)

22.02.039 Internal circulation of environmental documents.

22.02.040 Public hearings under WAC 197-11-535(2).

When a public hearing is held for any proposal undergoing concurrent environmental review, such hearing shall be open to consideration of environmental impacts associated with the proposal. Information relating to environmental concerns shall be forwarded to the environmental coordinator. The environmental coordinator or authorized representative may attend any such hearings. (Ord. 4817 § 6, 1995; Ord. 3404 § 18, 1984.)

22.02.045 Critical areas. Amended Ord. 5865

A. The following areas are designated as critical areas pursuant to WAC 197-11-908:

6. Areas designated on the coal mine areas maps or in the city’s coal mine area regulations as potentially affected by abandoned coal mines.

B. The following exemptions do not apply within any critical area described in subsection A of this section: WAC 197-11-800(1), except that the construction or location of a single-family residence within a critical area, if otherwise allowed by applicable development regulations, is exempt, (2)(d, g), (6)(a), (24)(a – d, g), (25)(d and h). An exemption from the requirements of this chapter does not limit the requirements of or the application of the Land Use Code sensitive area overlay district requirements (Chapter 20.25H LUC) or any other development regulation.

C. All exemptions listed in WAC 197-11-800 and not listed in subsection B of this section continue to apply in a critical area designated pursuant to the environmental procedures code. (Ord. 4817 § 7, 1995; Ord. 4257 § 2, 1991; Ord. 3779 § 1, 1987; Ord. 3477 § 2, 1985; Ord. 3404 § 21, 1984; Ord. 3305 § 5, 1983; Ord. 2340 § 2, 1976.)

22.02.050 Emergency actions.

The city manager, or the designee thereof, shall designate when such an action constitutes an emergency under WAC 197-11-880. (Ord. 3404 § 22, 1984; Ord. 2340 § 2, 1976.)

22.02.065 Public notice of environmental review, determinations and availability of environmental documents.

A. The environmental coordinator shall give notice of the commencement of environmental review on new applications or proposals, of threshold determinations, of the availability of environmental documents, of the proposed adoption of environmental documents, and of public hearings or meetings in the same manner as set forth for Process II land use applications, decisions and hearings or meetings (see LUC 20.35.200 et seq.), except that notice of the commencement of environmental review, of threshold determinations, of the availability of environmental documents, of the proposed adoption of environmental documents, and of public hearing or meetings associated with Process IV or Process V actions shall be given as required for those processes.

B. The environmental coordinator may also elect to give notice by any other method designed to increase meaningful public and agency involvement without adding unnecessary cost or delay to the environmental review process. (Ord. 5618 § 3, 2005; Ord. 4817 § 8, 1995; Ord. 4102 § 5, 1990; Ord. 3404 § 24, 1984.)

22.02.075 Notice – Statute of limitations.

A. The proponent of an action may publish notice of action pursuant to RCW 43.21C.080. The environmental coordinator is not responsible for publishing notice of action.

B. The form of the notice shall be substantially in the form and manner set forth in rules adopted under RCW 43.21C.110.

C. If there is a time period for appealing the underlying city action to court, the city shall give notice in accordance with state law stating the date and place for commencing an appeal of the underlying action and an appeal under Chapter 43.21C RCW, the State Environmental Policy Act. (Ord. 4817 § 9, 1995; Ord. 3404 § 26, 1984; Ord. 3305 § 7, 1983; Ord. 2340 § 2, 1976.)

22.02.080 Appeal of threshold determination.

A. General. Except as provided in this section, the decision of the environmental coordinator in making a threshold determination may be appealed to the hearing examiner using the appeal provisions for Process II decisions (see LUC 20.35.200 et seq.); provided, however, when the threshold determination is a determination of significance which has been agreed to by the proponent, it shall not be appealable. The appeal of a threshold determination issued on a Process IV or Process V action shall be appealable only in the manner set forth for Process IV decisions (LUC 20.35.400 et seq.) or Process V decisions (LUC 20.35.460 et seq.). Any provisions of this section which conflict with LUC Part 20.35 control over those sections.

B. Who May Appeal. Any person adversely affected by a threshold determination may appeal the decision; provided, however, only those persons who submit comments prior to issuance of the threshold determination may appeal the determination unless a showing is made to demonstrate that environmental issues raised in the appeal were not known to the appellants and could not reasonably have been known to the appellants in time to submit comments before the decision was made.

C. Issues on Appeal. Appeals are limited to those issues raised through the comment period; provided, that new issues may be raised if the appellant shows that the project has changed substantially from what was identified in the public notice or information on expected environmental impacts was not reasonably available prior to issuance of the threshold determination.

D. Time to Appeal. A written statement appealing the threshold determination of the environmental coordinator as allowed under this section must be filed with the city clerk within 14 days of the date of publication of the threshold determination or, if there is a comment period under WAC 197-11-340 or 197-11-350, within 21 days of the date of publication of the threshold determination.

E. Court Review. The decision of the hearing examiner on a threshold determination may only be appealed to superior court in conjunction with an appeal of the underlying action in accordance with RCW 43.21C.075, the State Environmental Policy Act. Any such appeal must be brought within the time limits specified in RCW 36.70C.040. (Ord. 5618 § 4, 2005; Ord. 4960 § 4, 1997; Ord. 4817 § 10, 1995; Ord. 4102 § 8, 1990.)

22.02.140 Authority to condition or deny proposals. Amended Ord. 5865

A. Any proposal may be conditioned or denied by the city pursuant to RCW 43.21C.060 and WAC 197-11-660 subject to the limitations and requirements contained therein.

B. Pursuant to RCW 43.21C.060, the following policies and plans as they now read or are hereafter amended are identified and designated by the city council as possible bases for the exercise of authority under SEPA:

7. Resolution No. 4153, adopting water and sewer developer extension agreements;

9. Section 1 of Ordinance 3309, design guidelines: building/sidewalk relationships, as those documents now read or hereafter are amended;

C. Substantive SEPA authority to condition or deny new development proposals or other actions shall be used only in cases where development regulations do not exist or where unanticipated impacts occur which are not mitigated by existing regulations. In cases where the city has adopted regulations to systematically avoid or mitigate adverse impacts, as in the areas of erosion control for water quality, critical areas protection, tree preservation, or city-regulated utilities, those standards and regulations will normally constitute adequate mitigation of the impacts of new development. Unusual circumstances related to a site or to a proposal, as well as environmental impacts not easily foreseeable or quantifiable in advance will be subject to site-specific or project-specific SEPA mitigation.

D. The responsibility for enforcing conditions under SEPA rests with the department or official responsible for enforcing the decision on the underlying action.

E. This section shall not be construed as a limitation on the authority of the city to approve, deny or condition a proposal for reasons based upon other statutes, ordinances, or regulations. (Ord. 4817 § 11, 1995; Ord. 4341 § 1, 1992; Ord. 4102 § 9, 1990; Ord. 3404 § 29, 1984; Ord. 3305 § 12, 1983; Ord. 2766 § 2, 1979; Ord. 2603 § 1, 1978.)

22.02.150 Administrative appeal of decision approving a proposal, with or without conditions, or denying a proposal.

A. General. A decision of the director approving a Process V permit with or without SEPA conditions or denying a Process V proposal under the authority of BCC 22.02.140 may not be administratively appealed. A Process II or other administrative decision of the applicable department director approving a proposal with or without SEPA conditions or denying a proposal under the authority of BCC 22.02.140 may be administratively appealed. The appeal will be processed in conjunction with the administrative appeal for the underlying action. In cases where no administrative appeal is provided for the underlying action, the appeal will be provided as a Process II appeal (LUC 20.35.200 et seq.), except that there is no administrative appeal of SEPA associated with a Process V proposal. A Process I decision of the hearing examiner approving a proposal with or without SEPA conditions or denying a proposal under the authority of BCC 22.02.140 may be appealed to the city council in conjunction with the underlying Process I decision. Only one SEPA appeal may be conducted for a proposal. The SEPA appeal must consolidate consideration of procedural and substantive issues and must be held in conjunction with any appeal of the underlying action; provided, that an appeal of a determination of significance shall be conducted prior to any appeal on the underlying action and an appeal of a determination of nonsignificance for a Process I decision shall be conducted and decided by the hearing examiner in conjunction with the public hearing for the proposal.

B. Issues relating to the adequacy of an EIS may not be appealed under this section; provided, however, the hearing examiner may consider issues related to an EIS that were specifically raised earlier in the public process and may rely on credible environmental information presented at a hearing to modify conditions or to justify new conditions or a decision to approve or deny a proposal. New evidence presented at a hearing and relied on by the hearing examiner shall be adequately documented, referenced, and incorporated into the environmental record as an addendum through the examiner’s decision or recommendation. If new significant impacts are documented, the examiner’s report shall be remanded to the environmental coordinator for circulation as a supplemental EIS.

C. Who May Appeal. Any person adversely affected by a substantive SEPA decision may appeal; however, only those persons who submitted comments prior to issuance of the decision may appeal unless a showing is made to demonstrate that environmental issues raised in the appeal were not known to the appellants and could not reasonably have been known to the appellants in time to submit comments.

D. Issues on Appeal. Appeals are limited to those issues raised through the comment period; provided, that new issues may be raised if the appellant shows that the project has changed substantially from what was identified in the public notice or information on expected environmental impacts was not reasonably available prior to issuance of the threshold determination.

E. Time to Appeal Administrative Decision. A written statement appealing the substantive decision of the applicable department director must be filed with the city clerk within 14 days of the date the decision was mailed or otherwise became effective, or, if the decision is issued concurrently with a determination of nonsignificance for which a comment period is required by state or local rules, within 21 days of the decision. An appeal of a Process I decision by the hearing examiner shall be filed with the city clerk within 14 days of the date of the decision.

F. Time to Appeal Substantive SEPA Decision to Superior Court. A decision on an administrative appeal of substantive SEPA issues must be appealed to superior court in conjunction with an appeal of the underlying action in accordance with RCW 43.21C.075 and within the time limits specified in RCW 36.70C.040.

G. Exemption. This section does not apply to decisions made pursuant to Chapter 90.58 RCW, the Shorelines Management Act. (Ord. 5618 § 5, 2005; Ord. 4978 § 32, 1997; Ord. 4817 § 12, 1995; Ord. 4257 § 3, 1991; Ord. 4102 § 11, 1990.)

22.02.160 Integration with permit and land use decision.

A. The process under the State Environmental Policy Act (Chapter 43.21C RCW) and this chapter shall be integrated, insofar as possible, with any applicable process for decision-making on permit and land use applications, in accordance with the procedures in subsection B of this section.

B. For each application for a permit or land use decision which is subject to review under the State Environmental Policy Act, the environmental coordinator shall determine how environmental review best can be integrated with review of the permit or land use application. In making this determination, the environmental coordinator shall integrate the following procedures:

1. Staff review of the application under city codes and regulations and the environmental review and determination thereon;

2. The staff report on the application, and the report or documentation concerning environmental review;

3. Hearings and other public processes, including required public notices, required by city code or regulation, and hearings and other public processes, including public notices, required or conducted under the State Environmental Policy Act. This section shall include appeals, except as otherwise expressly provided by this code.

C. The threshold determination and the decision or recommendation on the underlying permit or action will be consolidated except when a determination of significance is issued or when the environmental coordinator makes a finding that unusual environmental issues or uncertainty linked to the underlying proposal are present. The environmental coordinator must find that separating environmental review from the underlying or related decision making processes would result in a more efficient process and would not result in conflict, overlap, or duplication of permit or review processes. (Ord. 4817 § 13, 1995; Ord. 4344 § 1, 1992.)

22.02.170 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 5067 § 4, 1998.)

Chapter 22B.10
SIGN CODE Amended Ord. 5877

22B.10.030 Business, commercial, manufacturing and medical institution district signs – Zones OLB, OLB-OS, CB, Downtown-O-1, Downtown-O-2, Downtown-MU, Downtown-R, Downtown-OB, Downtown-OLB, GC, LI and MI. Amended

22B.10.040 Office, research and development, and multifamily residential district signs – Zones PO, O, EH-D, R-10, R-15, R-20, and R-30. Amended

22B.10.055 Factoria area – Freestanding and freeway-oriented signs – Multiple tenants – Additional signs. Amended

22B.10.090 Single-family residential district signs – Zones R-7.5, R-5, R-4, R-3.5, R-2.5, R-1.8, and R-1.

22B.10.010 General provisions.

B. Purpose and Scope. The purpose of this code is to protect the health, safety, property and welfare of the citizens of the city of Bellevue (hereafter “city”), by establishing standards for the design, placement, size and maintenance of all exterior signs and sign structures in the city. Furthermore, it is the purpose of the regulations, standards and criteria of this code to permit and encourage the design of signs which are responsive to the needs of the public in locating a business establishment by identification, address and product and/or services information.

The rapid economic development of the city has resulted in a great increase in the number of businesses located in the city, with marked increase in the number and size of signs related to those businesses. This proliferation of signs has resulted in a reduced effectiveness of individual signs. As the number, size and intensity of signs increase without regard to quality and placement, the impact of the individual sign is diminished.

Lack of control of signs may cause potentially dangerous conflicts between advertising signs and traffic control signs, thus destroying the effectiveness of both. The great increase in automotive traffic experienced within the city has greatly aggravated this danger.

Furthermore, the uncontrolled use of signs and their shapes, motion, colors, illumination and their insistent and distracting demand for attention can be injurious to property values of both business and residential areas of the city, and may seriously detract from the enjoyment and pleasure of the natural beauty of the city.

It is recognized that the right of a business to identify itself contributes to the economic well-being of the community. This right can be exercised in such a way as to bring great benefit to the public without affecting the welfare of the business. The responsible regulation of signs may, in fact, improve business opportunity and the effectiveness of individual signs as a result of the increased attractiveness of the city’s environment. (Ord. 4818 § 1, 1995; 1961 code § 17.01.010.)

22B.10.020 Definitions. Amended Ord. 5877

“Ambulatory health care center” means a medical institution building which is designated for delivery of a range of health care and high acuity specialty care services and is not licensed as a hospital.

“Area” or “surface area” means the greatest area of a sign, visible from any one viewpoint, enclosed within not more than three circles, rectangles or squares, or any combination of these forms which produces the smallest area, excluding sign support structure which does not form part of the sign proper or of the display. “Surface area” includes only one face of a multiple-faced sign.

“Architectural blade” means a roof sign or projecting sign with no exposed legs or braces, designed to look as though it could have been part of the building structure rather than something suspended from or standing on the building.

“Banner” means a sign intended to be temporary, made of flexible, sturdy material and affixed to a building or other structure (excludes flags).

“Barricade sign” means a sign affixed to construction barricades during the construction period.

“Billboard” means an outdoor advertising sign containing a message, commercial or otherwise, unrelated to any use or activity on the property on which the sign is located, but not including directional signs as defined herein. Billboards do not include signs that are specifically permitted to be located in the public rights-of-way or off the site of the property on which the activity is located pursuant to this chapter.

Building Line – Boulevards for Urban Design Treatment. The building line for signs for any property outside the limits of the downtown and abutting a street designated by the urban design element of the comprehensive plan as a boulevard to be given urban design treatment shall be 65 feet from the centerline of the right-of-way. However, the director of planning and community development may administratively approve a modification of the required building line if the result of such modification would be consistent with the policies of the urban design element of the comprehensive plan.

Building Line – Downtown. The building line for signs for any property within the limits of the downtown and abutting a street classified by LUC 20.25A.115, Design Guidelines – Building/Sidewalk Relationships, shall be 25 feet from the property line. However, the director of community development may administratively approve a modification of the required building line if the result of such modification would be consistent with the urban design policies of the comprehensive plan and the requirements of Chapter 20.25A LUC.

Building Line – General. Except as otherwise provided in this code, the building line for signs shall be the setback required for the property by LUC 20.20.010, Dimensional Requirements Chart, LUC 20.25A.020, Dimensional Requirements in Downtown Districts, LUC 20.25L.030, Dimensional Requirements for OLB-OS, or any other special or overlay district dimensional requirements applicable to the specific property or use. In any area of the city, except the downtown, where the applicable line is located more than 65 feet from the centerline of the city street on which it faces, the building line shall, for purposes of limiting size or placement of signs under this code, be deemed to begin 65 feet from the centerline of the street and run parallel thereto.

“Building-mounted sign” means a single or multiple-faced sign attached to the face of a building or marquee.

“Canopy” means a freestanding structure affording protection from the elements to persons or property thereunder.

“Canopy sign” means any sign erected upon, against or directly above a canopy.

“Construction barricade” means a structure set up to obstruct access to a construction site.

“Construction period” means the time between issuance of a building permit and issuance of certificate of occupancy.

“Construction sign” means an information sign which identifies the architect, engineers, contractors and other individuals, or firms involved with the construction of a building, and/or announces the character of the building or enterprise, and which is erected during the building construction period.

“Directional sign” means a single- or double-faced sign not exceeding six square feet in surface except as provided in BCC 22B.10.115 for major institutions, major office buildings, and major mixed-use complexes, BCC 22B.10.110 for hospitals in any land use district and ambulatory health care centers located in medical institution districts and in BCC 22B.10.030 for the downtown, which is designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience.

“Director” means the director of the development services department or his or her designated representative.

“Enterprise” means the owner, tenant, user, or other occupant of a structure seeking signs under this sign code.

“Entertainment/public assembly use” means those uses permitted in any downtown land use district classified as indoor public assembly, motion picture or theater by the recreation use chart in LUC 20.10.440.

“Facade” means the area of that continuous front, side or back surface, including doors and windows, but excluding any roof area and structures or elevators or air conditioning equipment thereon; provided, that in the case of a roof sign, the surface area or facade shall be the area of that continuous front, side or back surface immediately beneath the roof, including doors and windows, but excluding the roof area and structures for elevators or air conditioning thereon.

“Freestanding sign” means a single- or multiple-faced sign, supported from the ground by one or more columns, uprights or braces.

“Freeway corridor” means a corridor paralleling each side of the freeway with a width of 375 feet on each side of the freeway right-of-way. The freeway corridor does not include land within the boundaries of the downtown, as defined in the Land Use Code.

“Grade” means the elevation or level of the street closest to the sign to which reference is made, as measured at the street’s centerline, or the relative ground level in the immediate vicinity of the sign.

“Halo lighting” means a method of sign illumination that consists of a light source external to the sign or sign elements and mounted behind the sign or sign elements. The sign elements of a sign illuminated through halo lighting shall be opaque, so that the light does not appear to emit from within or through the sign elements.

“Height” means the vertical distance from the grade to the highest point of a sign or any vertical projection thereof, including its supporting columns, or the vertical distance from the relative ground level in the immediate vicinity of the sign.

“High-rise building” means a building with a roofline that is equal to, or exceeds, 75 feet above the average finish grade.

“Hospital” means a building requiring a license pursuant to Chapter 70.41 RCW and designed and used for the medical, surgical diagnosis, treatment and housing of persons under the care of doctors and nurses and including ancillary uses such as cafeterias, florists and patient- and visitor-related services. Rest homes, nursing homes, convalescent homes and clinics are not included.

“Illegal sign” means any sign which does not comply with the requirements of this code within the city limits as they now or hereafter exist, and which does not have a nonconforming sign permit under BCC 22B.10.200(B)(2).

“Incidental sign” means small signs, two square feet or less in surface area, of a noncommercial nature, intended primarily for the convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephone, etc. Also included in this group of signs are those designed to identify an area or place on the premises of a business building or development by means of a directory designating names and addresses only.

“Institution, major” means a use such as a hospital, convention center, performing arts center, college, or sports arena, or a major office building or mixed-use complex containing 300,000 gross square feet or more, located in the downtown.

“Lease-up/sales period” means the time between issuance of certificate of occupancy (CO) or temporary certificate of occupancy (TCO) and when the building becomes substantially leased up or until substantially all the units in the building are sold. For purposes of this definition, the period shall be the longer of six months from CO/TCO or 95 percent occupancy or sale. The director may approve an extension if deemed necessary.

“Marquee” means a covering structure projecting horizontally from and attached to a building, affording protection from the elements to persons or property thereunder.

“Multiple building complex” means a group of structures housing more than one type of retail business, office or commercial venture and generally under one ownership and control.

“Multiple occupancy building” means a single structure housing more than one type of retail business office or commercial venture.

“Noncommercial public service sign” means noncommercial signs devoted to religious, charitable, cultural, governmental or educational messages, including, but not limited to, the advertising of events sponsored by a governmental agency, a school, church, civic or fraternal organization or other organizations engaged in activities for profit.

“Office building” means an office building in the PO and O land use districts as defined by the Bellevue Land Use Code.

“Parapet” means that portion of a building wall which extends above the roof of the building.

“Penthouse” means a structure on top of a building roof such as houses an elevator shaft or similar form.

“Permanent signage” means signage affixed to a building or property and intended for the life of the project.

“Political sign” means signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot.

“Portable sign” means a sign which has no permanent attachment to a building or the ground, including A-frame signs, pole attachments, and mobile signs.

“Primary sign or signs” means all signs of a user which are not exempt (see BCC 22B.10.130), or which do not come within the category “incidental signs” (see definition in this section), or which do not come within the category “directional signs” (see definition in this section). The term “primary sign” is intended to include virtually all signs of a commercial nature.

“Property line” means the line denoting the limits of legal ownership of property.

“Readerboard” means a sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will.

“Roof sign” means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building, including a sign affixed to any structure erected upon a roof, including a structure housing building equipment.

“Sign” means any letters, figures, design, symbol, trademark or device intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever. Sources of light used primarily to illuminate a sign, or a building, or grounds surrounding the building shall not be considered signs themselves; provided, however, that sources of light used primarily to attract attention to the light itself or as a decorative feature of the display shall be considered as part of the sign. Excluded from the definition are official traffic signs or signals, sheriff’s notices, court notices or official public notices, the flags of a government or noncommercial institution, signs not visible from the street or sidewalk or way open to the public (see BCC 22B.10.130 for more detailed treatment of exempt signs), and religious symbols.

“Sign master plan” means a plan for the design and placement of all signs intended for a project site for the life of a project.

“Single occupancy building” means a commercial building or structure with one major enterprise, generally under one ownership. A building is classified as “single occupancy” only if: (A) it has only one occupant; (B) it has no wall in common with another building; and (C) it has no part of its roof in common with another building.

“Street” means any automobile thoroughfare so designated by city ordinance. “Street” includes portions thereof used for parking.

“Subdivision signs” means signs used to identify a land development, which is to be or was accomplished at essentially one time.

“Temporary event” means the advertising of a grand opening, change in ownership/management, substantial remodel, or going out of business sale.

“Temporary sign” means a nonpermanent sign intended for use for a limited period of time. Types of temporary signs are construction signs, grand opening displays, real estate signs, and political signs. (See BCC 22B.10.120).

“Upper-level high-rise sign” means a sign located on a high-rise building more than 75 feet above average grade, except as provided in this chapter.

“Way open to public” means any paved or unpaved exterior areas on private property open to the general public for pedestrian or vehicular ingress and egress into a site or between sites that are open to and provide services to the public.

“Window sign” means all signs located inside and affixed to or within three feet of windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. The term does not include merchandise located within three feet of a window. (See BCC 22B.10.030(I)). (Ord. 5821 § 19, 2008; Ord. 5743 § 1, 2007; Ord. 5679 § 1, 2006; Ord. 5542 §§ 1, 2, 2004; Ord. 5490 §§ 1 – 4, 2003; Ord. 5357 § 1, 2002; Ord. 4818 § 2, 1995; Ord. 4683 § 1, 1994; Ord. 4626 §§ 2, 3, 1994; Ord. 3822 § 2, 1987; Ord. 2953 § 2, 1981; Ord. 2045 § 1, 1974; 1961 code § 17.01.020.)

22B.10.025 Design review. Amended Ord. 5877

A. Purpose. Design review is a discretionary administrative decision used to ensure that signs comply with the policies set forth below.

a. Affected Land Use or Overlay Districts. The provisions of this section are applicable in the following land use or overlay districts:

Signs within the land use and overlay districts set forth above shall also comply with all other provisions of this chapter and provisions applicable to signs that are contained in the Land Use Code (BCC Title 20).

b. Affected Permits, Approvals and Sign Types. The provisions of this section also apply to the following permits, approvals and sign types irrespective of the land use district within which they are located:

i. Signs for any development required to have design review by ordinance (except Factoria);

Signs requiring the permits/approvals or signs of the type set forth above shall also comply with all other provisions of this chapter and provisions applicable to signs that are contained in the Land Use Code (Title 20 BCC).

a. Upon adoption of this code, no sign governed by this code shall be erected, altered or relocated in any new building(s) or project(s), or on existing building(s) or project(s) located in a design district or originally approved through PUD or conditional use processes pursuant to the Land Use Code, without design review approval as described in this section.

b. Signs erected, altered or relocated within an existing building(s) or project(s) outside of any design district and originally approved through any permitting process under the Land Use Code other than through a PUD or conditional use process shall not be subject to the design review requirements of this section, but shall comply with all other applicable provisions of this sign code.

c. A property owner or his or her authorized agent may choose at any time to submit an application for design review for an existing building or project where a design review application has not previously been approved.

C. Applicable Procedure. A design review application is reviewed and approved by the development services department through the design review process described in Chapter 20.30F LUC. Requests to amend a previously approved sign master plan, as well as proposals for new signage which are regulated by an existing sign master plan, require approval of a land use exemption (LUX).

D. Design Review Application Submittal Requirements. Applications for design review shall include the following elements:

7. Sign placement (relationship of all signs to one another on building and/or tenant facades); and

8. Overall signage concept for construction period, initial lease-up period, and permanent signs.

The director may waive specific submittal requirements determined to be unnecessary for review of a specific application.

E. Design Criteria. Applications for design review are evaluated according to the following criteria:

a. Signs shall enhance the overall appearance, image and design character of the building and site.

c. Signs shall be architecturally integrated by relating scale, location, sign type, style and materials to the architectural style and size of the building or tenant facade.

d. Signage is prohibited at the upper levels of high-rise buildings, with exceptions for a hotel/motel or a hospital when the design is compatible with building architecture, and for enterprises occupying at least 180,000 net square feet of building floor area as permitted by BCC 22B.10.030(E).

f. Signs in commercial development with multiple businesses shall be compatible.

g. Signs shall provide information and be consistent with the character of the community.

h. Signs shall be incorporated into commercial and public centers that make them appear and function cohesively.

i. Perimeter areas of major commercial and public centers shall use appropriate signs to blend with surrounding development and to be compatible with surrounding residential neighborhoods.

j. Any awning which projects less than three feet from the face of a building is classified as a sign. The entire awning face will be calculated as sign area.

k. Glass buildings shall incorporate a sign band into the building design to avoid difficult and impractical application of signage to spandrel glass.

l. Application of multiple signs to one building shall be consolidated or arranged so as not to result in a scattered appearance.

m. Illuminated signs shall be oriented away from adjoining residential development.

o. Individual letter signage is preferred. Other types of signage may be approved if the design of the sign, including the quality and durability of materials used, is determined to achieve an equivalent result.

In addition to the above, signs located within the land use districts below shall also comply with the criteria set forth for such district.

a. Signs shall be of a type face that can be made as individual letters or a letter type shall be chosen to accommodate the individual letter format. Exceptions may be made for registered trademarks or logos that cannot be manufactured as individual elements.

c. When auto-oriented signage is proposed, it shall be accompanied by pedestrian-oriented signage.

d. Signage shall be oriented to face the major direction of pedestrian movement in the area of the sign.

a. The primary signage for any building or business shall comply with the design guidelines: building/sidewalk relationships now or as hereafter amended pursuant to the procedures set forth therein.

b. Pedestrian-oriented signage shall use lettering and graphics no larger than 24 inches and shall be located within the first two floor levels of the building. Twenty-four inches may be an average size when upper and lower case lettering is used. Logos and first-letter capitals may be up to 30 inches if consistent with applicable design review criteria.

d. High-Rise Signs (Other Than a Hotel/Motel or a Hospital). Signs permitted at the upper levels of high-rise buildings pursuant to BCC 22B.10.030 shall comply with the following requirements:

i. Signs shall not project above the top of the surface to which they are affixed, nor beyond the edge of any surface to which they are affixed;

iv. Signs shall be mounted to the building with a mounting system that is not visible beyond the edges of the sign elements;

v. Signs shall be designed and located to preserve the integrity of the building roof form; and

vi. Sign illumination shall be limited to halo lighting with a white light source; provided, that signs may be internally illuminated when the surface on which the sign is mounted is made of glass or other highly reflective material that would interfere with the appearance of the sign if halo-lit. Internal illumination is limited to only those letters or sign elements that will appear white when lit. Any illumination shall be designed to ensure no exposed lighting source or raceway. The light source shall be no brighter than the equivalent of 30 milliamp neon tubing behind a diffuser panel. The applicant shall provide a signed certification from the sign manufacturer declaring that the illumination meets the limits of this subsection.

4. Downtown – Old Bellevue (DNTN-OB). The downtown requirements above apply to the DNTN-OB district except as modified herein; provided, that the following criteria shall not apply to signs for an entertainment/public assembly use within the DNTN-OB district:

a. Sign letters shall not exceed 18 inches; provided, that logos and first-letter capitals may be up to 24 inches if consistent with applicable design review criteria.

b. Awnings shall be opaque or a deep, rich color, and shall be scaled to the development.

d. Auto-oriented signs are not permitted except as directional signage to vehicular entries.

5. Freeway Corridors. In addition to criteria applicable in the underlying land use district, signs within freeway corridors are subject to the following design criteria:

a. Letter height shall generally not exceed 42 inches; provided, that logos and first-letter capitals may exceed this limit if consistent with applicable design review criteria.

b. Sign length shall not exceed one-third of the building facade. When multiple signs are to be placed on a building face, this ratio will include all signs.

Additional variation in size may be considered by the director pursuant to the decision criteria of this section. (Ord. 5821 § 20, 2008; Ord. 5743 § 2, 2007; Ord. 5679 § 2, 2006; Ord. 5542 §§ 3, 4, 5, 2004; Ord. 5490 § 5, 2003; Ord. 5357 § 2, 2002.)

A. General. The following provisions govern signs in the OLB, OLB-OS, CB, all Downtown, GC, LI and MI districts, and may be modified through design review as described in BCC 22B.10.025.

1. Sign Scale. Signs shall be scaled to the building to which the sign is related.

2. Sign Allocation – Single Occupancy Buildings. Any single occupancy building in the above districts shall be permitted the number of primary signs described in subsection C of this section. No more than one of the allowed primary signs may be a freestanding sign unless the single occupancy building faces on more than one street. If the single occupancy building faces on more than one street, see subsection D of this section to determine the number of allowed freestanding signs.

3. Sign Allocation – Multiple Occupancy Buildings. Each enterprise with an exterior entrance in a multiple occupancy building in the above districts shall be permitted the number of primary signs described in subsection C of this section. No more than one freestanding sign is permitted per multiple occupancy building facing on only one street. If the multiple occupancy building faces on more than one street, see subsection D of this section to determine the number of allowed freestanding signs.

4. Address Number. Each enterprise shall display and maintain on-premises street address number identification. Such identification shall not be included in the number of primary signs.

5. Multiple Buildings on 15 Acres or More. A multiple building complex encompassing at least 15 acres may display one complex identification sign along each right-of-way which provides direct access to the complex. Each sign shall not exceed 75 square feet in area and 15 feet in height.

B. Dimensional Limitations. Except as otherwise specifically allowed herein, all signs shall conform with the setback, area, and height limitations set forth in this section.

1. Setback Limitations – Freestanding Signs. Except as otherwise provided in this section, the size of any freestanding sign shall not exceed the following limits based on the setback of the sign from the property line:


Setback	Maximum Area
Between property line and building line	25 sq. ft.
On building line or behind it	75 sq. ft.

2. Sign Height – Freestanding Signs. Except as otherwise provided in this section, the height of any freestanding sign shall not exceed the following limits based on the setback of the sign:


Setback	Maximum Height
Between property line and building line	5 ft.
On building line or behind it	15 ft.

3. Sign Area Limitations – Building-Mounted, Upper-Level High-Rise, Roof or Canopy-Mounted Signs. Unless otherwise provided in this section, the surface area of any building-mounted, upper-level high-rise, roof or canopy-mounted signage shall not exceed the figures derived from the following schedule.


Relevant Surface Area or Facade Area as Determined Pursuant to BCC 22B.10.020	Maximum Sign Surface Area for That Facade
Below 100 sq. ft.	26 sq. ft.
100 – 199 sq. ft.	26 sq. ft. + 11% of facade area over 100 sq. ft.
200 – 499 sq. ft.	38 sq. ft. + 12% of facade area over 200 sq. ft.
500 – 999 sq. ft.	75 sq. ft. + 11% of facade area over 500 sq. ft.
1,000 – 1,499 sq. ft.	131 sq. ft. + 7.5% of facade area over 1,000 sq. ft.
1,500 – 2,999 sq. ft.	169 sq. ft. + 2.5% of facade area over 1,500 sq. ft.
Over 3,000 sq. ft.	206 sq. ft. + 1.5% of facade area over 3,000 sq. ft. to a maximum of 300 sq. ft.

For other than upper-level high-rise signs and signs for an entertainment/public assembly use, in multiple occupancy buildings the facade area for each enterprise is derived by measuring only the surface area of the exterior facade of the premises actually used by the enterprise, and the sign displayed by the enterprise shall be located on the facade used to determine the size of the sign, except as provided in this section.

For upper-level high-rise signs, sign size may be up to 300 square feet, regardless of facade size. For entertainment/public assembly use signs, the director may approve through design review sign area not to exceed a maximum of 400 square feet per sign; provided, that the total sign area of building-mounted signs on entertainment/public assembly uses shall not exceed 35 percent of the surface area of the enterprise’s facade on which the signs are located.

Unused sign surface area for a facade may be used by any enterprise within the same multiple occupancy building, or by any enterprise within the same multiple building complex located within a downtown land use district, if:

a. The applicant files with the city a written statement signed by the enterprise that earned the sign area under this code permitting the applicant to utilize the unused sign surface area.

b. The display of a sign on that facade by the applicant will not create a significant adverse impact on other users of that facade.

c. The display of the applicant’s sign is necessary to reasonably identify the enterprise, and the provisions of this code do not provide the enterprise with adequate sign display options.

d. In no event may sign surface area transferred under this provision be used for an upper-level high-rise sign. Unused upper-level high-rise sign or entertainment/public assembly use sign surface area may not be transferred for use for any other sign, regardless of enterprise or location.

4. Sign Height – Building-Mounted Signs. No building-mounted sign shall be placed on the upper levels of a high-rise building, installed on the rooftop or extend above the height of the building to which it is attached; provided, that hotels and motels may have signs at upper levels of a high-rise building, rooftop mounted signs, and signs extending above the height of the building; and further provided, that signs complying with subsection E of this section may be placed at the upper levels of high-rise buildings.

C. Number of Primary Signs.

1. General. The permissible number of signs for each single occupancy building is dependent upon the surface area of the largest single facade of the building. The permissible number of signs for each enterprise in a multiple occupancy building is dependent upon the surface area of the largest single facade of the portion of the building occupied by the enterprise applying for the sign permit. An enterprise in a multiple occupancy building shall have an exterior entrance to be allowed primary signage pursuant to this subsection C, except as provided in subsections (C)(2) and (3) of this section. The permitted number of signs is as follows:


Surface Area of Largest Facade	Maximum Number of Signs
Less than 999 sq. ft.	2
1,000 – 2,999 sq. ft.	3
3,000 sq. ft. and over	4

Buildings or enterprises with more than 3,000 square feet on any face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the four allotted.

2. Upper-Level High-Rise Signs. One enterprise occupying at least 180,000 net square feet in a single high-rise building within the downtown may earn two upper-level high-rise signs for placement on the building in which such enterprise is located, regardless of whether such enterprise has an exterior entrance. Such signs shall comply with subsection (E)(2) of this section. Such signs are in addition to other signs allowed under this section. Both signs shall be used by the same enterprise.

3. Transfer of Unused Allotment. In multiple occupancy buildings, or multiple building complexes located within any downtown land use district, unused primary sign allotment for one enterprise may be used by any enterprise within the same multiple occupancy building, or by any enterprise within the same multiple building complex located within a downtown land use district, if:

a. The applicant files with the city a written statement signed by the enterprise that earned the primary sign under this code permitting the applicant to utilize the unused primary sign allotment.

b. The display of a sign by the applicant will not create a significant adverse impact on the primary signs of other enterprises in the building.

c. The display of the applicant’s sign is necessary to reasonably identify the enterprise, and the provisions of this code do not provide the enterprise with adequate sign display options.

d. In no event may unused primary sign allotment transferred under this provision be used for an upper-level high-rise sign. Unused upper-level high-rise or entertainment/public assembly use sign allotment may not be transferred for use for any other sign, regardless of enterprise or location.

D. Buildings on More Than One Street. Buildings facing on more than one street are entitled to a bonus in the number of primary signs, as follows:

1. Buildings on Intersecting Streets. When a building is located on intersecting streets, two freestanding signs are permitted if they are located on two different streets and are separated more than 100 feet measured in a straight line between signs. Otherwise, only one freestanding sign is permitted. The second freestanding sign is in addition to the primary signs allowed under subsection C of this section.

2. Buildings Facing on Two Parallel Streets. Single occupancy buildings facing on two parallel streets, or enterprises within multiple occupancy buildings whose premises extend through a block to face on two parallel streets with customer entrances on each street, are permitted the number of primary signs under subsection C of this section for each end of the building or premises facing on a street.

E. Types of Placement of Primary Signs. The permissible types of primary signs, their placement and other limitations are as follows:

1. Freestanding Signs.

a. Freestanding signs shall be wholly located within the center two-thirds of the frontage of the property on the street or 15 feet from the adjacent property line, whichever provides the longer distance from the closest part of the sign to the adjacent property line; provided, however, that a freestanding sign may be located within five feet of the property line with the written consent of the title holder of the adjacent property. If such consent is obtained, the consenting party or his or her successors or assigns may not place a freestanding sign on his or her property within 20 feet of the first freestanding sign.

b. A freestanding sign located at the property line shall be wholly behind the property line, and a freestanding sign located at the building line shall be wholly behind the building line.

c. Any freestanding sign shall be integrated. That is, all supports or sign elements shall be an integral part of the design. Auxiliary projections or attachments not a part of a single design are prohibited, unless approved through design review.

d. Landscaping shall be provided at the base of all freestanding signs, as required by BCC 22B.10.140(F).

2. Building-Mounted Signs.

a. Signs shall not project more than five feet from the face of the building to which the sign is attached. However, an exception may be made for the main building sign or tenant sign if it meets the following criteria:

i. The sign shall be of a scale and orientation designed to address pedestrian or vehicular traffic; and

ii. The sign shall not pose a traffic safety hazard; and

iii. The bottom of the sign shall measure at least eight and one-half feet from finish grade; and

iv. For all signs, structural supports shall be compatible with the design or concealed from view.

b. Building-mounted signs shall only identify the building and the name of the firm, or the major enterprise, and principal product and/or service information.

c. For other than upper-level high-rise signs, building-mounted signs displayed by an enterprise shall be located on a facade attached to a portion of the building occupied by the enterprise, except as provided in subsections B and C of this section.

d. No portion of a sign for an entertainment/public assembly use shall be located more than 85 feet above average finished grade. Signs for an entertainment/public assembly use located more than 75 feet above average finished grade shall not be considered upper-level high-rise signs.

e. Upper-Level High-Rise Signs. Building-mounted signs may be located at the upper levels of high-rise buildings if they meet the following criteria, in addition to other applicable provisions of this code:

i. The sign is for a hotel/motel or a hospital, and otherwise complies with all applicable provisions of this code; or

ii. Two upper-level high-rise signs may be placed on any high-rise building within the downtown, provided:

(a) Only a single enterprise that occupies at least 180,000 net square feet of building floor area within the building on which the signs are mounted may place an upper-level high-rise sign;

(b) Signs shall be limited to the name and/or logo of the enterprise placing the sign;

(d) The signs shall be located on the two facades of the building most oriented to I-405, with no more than one upper-level sign on any facade; and

(e) The sign shall comply with the requirements of BCC 22B.10.025.

Upper level high-rise signs shall be removed within 90 days after the enterprise ceases to occupy at least 180,000 net square feet in the high-rise building on which the sign is located.

3. Roof and Canopy Signs.

a. All such signs shall be manufactured in such a way that they appear as an architectural blade or penthouse and are finished in such a manner that the visual appearance from all sides is such that they appear to be a part of the building itself.

b. All roof and canopy signs shall be installed or erected in such a manner that there shall be no visible angle iron support structure.

F. Incidental Signs. Incidental signs, as defined in BCC 22B.10.020, are permitted and are not included in the number of primary signs.

G. Directional Signs. Directional signs shall not exceed six square feet in sign surface area and may be located only on the premises to which the sign is intended to guide or direct pedestrian or vehicular traffic, except that off-premises directional signs may be approved by the director subject to the same standards required for granting of a variance as set forth in BCC 22B.10.180, where the applicant has demonstrated that his or her premises are so located that on-premises directional signs are inadequate to reasonably apprise the public of the location of the premises. Directional signs shall not be included in determining the number of primary signs.

H. Window Signs. The total surface area of all window signs shall not exceed 15 square feet, or 10 percent of the window area. Such signs shall not be included in determining the number of primary signs, nor in determining the permissible sign area for each facade; provided, that such signs shall not exceed an area total to 15 square feet, or 10 percent of the window area.

I. Signs for Legally Nonconforming Buildings. All provisions of this section apply to signs on nonconforming buildings in the districts governed by this section, except that building-mounted signs may project over the building or property line, but shall not extend closer than five feet to the back of the curb. Such signs shall extend no more than five feet from the face of the building to which they are attached and shall have a maximum clearance over the sidewalk below of eight feet, six inches. The total sign surface area for signing of individual legal nonconforming buildings shall not exceed 40 square feet. (Ord. 5743 § 3, 2007; Ord. 5679 § 3, 2006; Ord. 5542 §§ 6 – 9, 2004; Ord. 5490 §§ 6 – 14, 2003; Ord. 5403 § 16, 2002; Ord. 5357 §§ 3 – 6, 2002; Ord. 4817 § 3,

1995; Ord. 4683 § 2, 1994; Ord. 4626 § 4, 1994; Ord. 3683 § 1, 1986; Ord. 2970 § 1, 1981; Ord. 2953 § 3, 1981; Ord. 2045 § 2, 1974; 1961 code § 17.01.030.)

22B.10.040 Office, research and development, and multifamily residential district signs – Zones PO, O, EH-D, R-10, R-15, R-20, and R-30. Amended Ord. 5877

A. General. The following provisions govern signs in the PO, O, EH-D, R-10, R-15, R-20 and R-30 districts.

B. Dimensional Limitations. Signs shall conform with the setback, area, and height limitations set forth below:

1. Setback Limitations – Freestanding Signs. The size of any freestanding sign shall not exceed the following limits, based on the sign setback of the sign:


Setback	Maximum Area
Between property line and building line	25 sq. ft.
On building line, or behind it	35 sq. ft.

2. Sign Height – Freestanding Signs. The height of any freestanding sign shall not exceed the following limits, based on the setback of the sign:


Setback	Maximum Height
Between property line and building line	5 ft.
On building line, or behind it	10 ft.

3. Sign Area Limitations – Building-Mounted, Roof and Canopy-Mounted Signs. The surface area of any building-mounted, roof or canopy-mounted sign shall not exceed the figures derived from the following schedule:


Relevant Surface Area or Facade Area as Determined Pursuant to BCC 22B.10.020	Maximum Sign Surface Area for That Facade
Below 100 sq. ft.	21 sq. ft.
100 – 199 sq. ft.	21 sq. ft. + 9% of facade area over 100 sq. ft.
200 – 499 sq. ft.	30 sq. ft. + 10% of facade area over 200 sq. ft.
500 – 999 sq. ft.	60 sq. ft. + 9% of facade area over 500 sq. ft.
Over 1,000 sq. ft.	105 sq. ft. – maximum square footage

In multiple occupancy buildings the facade area for each enterprise is derived by measuring only the surface area of the exterior facade of the premises actually used by the enterprise, except as provided in this section. The sign displayed by that enterprise (including unused sign surface area used by another enterprise) must be located on the facade used to determine the size of the sign.

Unused sign surface area for a facade may be used by any enterprise within the same multiple occupancy office building if:

a. The applicant files with the city a written statement signed by the enterprise that earned the sign area under this code permitting the applicant to utilize the unused sign surface area.

b. The display of a sign on that facade by the applicant will not create a significant adverse impact on other sign users of that facade.

c. The display of the applicant’s sign is necessary to reasonably identify the enterprise, and the provisions of this code do not provide the enterprise with adequate sign display options.

In no case may the maximum sign surface area or number of primary signs permitted on a building facade be exceeded.

4. Sign Height – Building-Mounted Signs. No building-mounted sign, regardless of type, shall exceed the height of 20 feet above grade, or the height of the building to which it is attached, whichever is less. However, the height may be modified subject to design review approval.

5. Limitation. Freestanding or building-mounted signs shall only identify the building, the name of the firm or enterprise, and the principal service or product of that firm or enterprise.

C. Number of Primary Signs Permitted.

1. Buildings or building complexes facing on one street may have two primary signs, only one of which may be freestanding.

2. Buildings or building complexes on street corner locations are permitted a maximum of four signs. Two of the four signs may be freestanding only if they are located on two different streets and are separated more than 100 feet, measured in a straight line between the signs.

3. Buildings or building complexes which extend through a block to face on two parallel streets are permitted two primary signs on each street, only one of which may be freestanding for each street.

4. Multiple Buildings on Five Acres or More. A multiple building complex encompassing at least five acres may display one complex identification sign along each right-of-way, which provides direct access to the complex. Each sign shall not exceed 75 square feet in area and 15 feet in height. Such complex identification signs may be freestanding, and shall not be included in determining the number of primary signs allowed for each building or building complex set forth in subsections (C)(1) through (C)(3) of this section.

D. Types and Placement. The permissible types of primary signs, their placement and other limitations are as follows:

1. Freestanding Signs. Requirements are identical to BCC 22B.10.030(E)(1).

2. Building-Mounted Signs. Requirements are identical to BCC 22B.10.030(E)(2).

3. Signs or portions of signs indicating premises for rent (e.g., “apartment for rent,” “apartment available,” “vacancy,” “now renting,” “free rent,” etc.) shall not exceed a surface area of 16 square feet.

4. The illumination of any sign may be internal or external. If externally illuminated, the source of illumination shall be so located, shaded, shielded, or directed that it is not visible from a public street or adjoining residential property; provided, that halo lighting of solid letters shall be permitted.

5. Street Address Identification. Each building or complex of buildings shall display and maintain on-premises street address number identification. Such sign shall not be included in determining the number of primary signs. (Ord. 5490 § 15, 2003; Ord. 5357 §§ 7, 8, 2002; Ord. 4818 § 4, 1995; Ord. 3218 § 1, 1983; Ord. 2953 § 4, 1981; Ord. 2045 § 3, 1974; 1961 code § 17.01.040.)

22B.10.050 Commercial and manufacturing district signs – Zones GC and LI.

Repealed by Ord. 4818. (Ord. 2953 § 5, 1981; 1961 code § 17.01.050.)

22B.10.055 Factoria area – Freestanding and freeway-oriented signs – Multiple tenants – Additional signs. Amended Ord. 5877

A. This section applies only within the Factoria annexation area, as legally described in Section 1 of Ordinance No. 4620 and to Factoria Land Use Districts F1, F2, and F3 as defined in the Land Use Code.

1. For the purpose of accommodating multiple tenants, any existing freestanding sign may be enlarged or altered, but may not exceed the size limits contained in the Sign Code; provided, that if the sign is a freeway-oriented sign the enlargement and/or altering of the sign pursuant to this section will be allowed only in exchange for an agreement to amortize the resulting enlarged or altered sign over a reasonable period of time as determined by the director of the department of planning and community development. Within the amortization period multiple enlargements and/or alterations to a sign may be made which meet the requirements of this section without establishing a new amortization period. No enlargement or alteration is allowed which would cause the sign to violate BCC 22B.10.150, prohibiting signs which rotate or have a part or parts which move or revolve.

2. If the director determines that existing freestanding signage cannot be altered to reasonably accommodate the needs of tenants in multiple tenant complexes, the director may, though he/she is not obligated to, authorize the addition of a maximum of one additional freestanding sign per multiple tenant property. The freestanding sign must be designed such that signage surface area can be expanded within the limits of the Sign Code to accommodate total tenant signage needs of the property.

B. For purposes of this section a “freeway-oriented sign” is a sign which meets the definition of sign under RCW 47.42.020(B) and for which just compensation would be required to be paid upon removal under RCW 47.42.102.

C. Except as otherwise set forth in this section, signs in the F1, F2 and F3 land use districts shall be governed by BCC 22B.10.030, Business District Signs, by those provisions of this chapter otherwise applicable to business district signs, and in the F1 land use district by the F1 Development Area Plan and Factoria TownSquare design guidelines, now or as hereafter amended.

D. Factoria Land Use District 3 (F3). Notwithstanding any conflicting provisions of this chapter, the following shall govern the size, type, placement, location and number of signs in the F3 land use district:

1. Building-Mounted Entrance Signs. Each building is permitted one building-mounted entrance sign at the primary entrance to the building. This sign may be located at or above the entrance and shall contain the name of the building or the building’s primary user or tenant. The size of the entrance sign shall be proportionate to the building entry facade area.

2. Building-Mounted Tenant Signs – Location. In addition the entrance sign permitted in this subsection, each building is permitted to place any number of building-mounted tenant or user signs on a building facade; provided, that the total sign area shall not exceed 10 percent of the building facade area upon which the sign is mounted; and provided further, that signs shall not extend above or beyond the building facade. The location of such signs shall be in accordance with a sign location plan designed to ensure a coordinated signage image for the building and approved by the city. For each building within the F3 land use district north of the F3 land use district separation line, only the east, north and west facades of the building may be used for building mounted tenant signage; and for each building south of the F3 land use district separation line only the north, west and south facades of the building may be used for building-mounted tenant signage.

3. Building-Mounted Tenant Signs – Sign Design. Building-mounted tenant signs shall be comprised of individual letters, insignia, symbols or logos or a combination thereof; shall be illuminated from the interior only; shall not extend more than two feet perpendicular from the face of the building; shall not be a box sign; shall not contain painted elements on the building face; shall not be a moving, flashing or audible sign; shall not contain any product advertising except as part of the tenant’s or user’s trade name, logo or insignia; shall not be placed on the building roof; and shall not be illuminated from exterior sources. Individual letters, insignia, symbols and logos may be mounted on a raceway instead of mounted individually on the building; provided, that the raceway color matches the building color.

4. Retail Signs. The number, size, location and type of signs for retail users and retail tenants permitted pursuant to this chapter shall be in addition to signs permitted by the other provisions of this subsection.

5. For Sale, Rent, or Lease Signs. For sale, rent or lease signs displayed on the building or property for sale, rent or lease, while the building or property is for sale rent or lease, may not exceed 32 square feet in surface area. (Ord. 5385 § 11, 2002; Ord. 4862 § 1, 1996; Ord. 4774 § 1, 1995.)

22B.10.060 Neighborhood retail business district signs – Zone NB.

Permissible signs and their limitations in the neighborhood retail business district (Zone NB) shall be identical to those in the business districts (BCC 22B.10.030) with the following exceptions:

A. Any building-mounted sign shall be located on the face of the building containing the main entrance to the business premises and the sign, if facing abutting residential property, shall be located more than 50 feet from the abutting residential owner’s property line.

B. Signs in this district may be internally or externally illuminated. If externally illuminated, the illumination source shall be located, shaded, shielded, or directed so that it is not visible from a public street or adjoining residential property. All sign illumination shall be turned off between the hours of 10:00 p.m. and 6:00 a.m., except that, if the premises are open for business after 10:00 p.m., the illumination shall be turned off at the close of business. (Ord. 4818 § 6, 1995; Ord. 2953 § 6, 1981; 1961 code § 17.01.060.)

22B.10.080 Multi-family residential district signs – Zones R-10, R-15, R-20, R-30 and EH-A.

Repealed by Ord. 4818. (Ord. 3218 § 2, 1983; Ord. 2953 § 8, 1981; Ord. 2014 § 2, 1974; 1961 code § 17.01.070.)

22B.10.090 Single-family residential district signs – Zones R-7.5, R-5, R-4, R-3.5, R-2.5, R-1.8, and R-1.

A. General. The following provisions govern signs in the R-7.5, R-5, R-4, R-3.5, R-2.5, R-1.8 and R-1 districts. Two categories of sign uses are covered by this section:

1. Existing, Legal Nonconforming Commercial Uses. The provisions herein for signs for commercial uses apply only to legal nonconforming uses which have been approved under applicable zoning ordinances prior to the enactment of this code.

2. Noncommercial uses such as schools, churches, fire stations and house number identification.

B. Signs for Existing Legal Nonconforming Uses. No more than one primary sign is permitted for each use in this category so long as the building remains legally nonconforming under provisions of the Bellevue Land Use Code, as follows:

1. Such sign may be either freestanding or building-mounted.

2. If freestanding, the sign shall conform to the requirements of BCC 22B.10.030(E)(1) in regard to placement and BCC 22B.10.040(B) in regard to size and height.

3. A building-mounted sign shall conform to the requirements of BCC 22B.10.030(E)(2); provided, however, that no sign shall exceed 20 square feet in surface area.

C. Signs for Noncommercial Uses.

1. Signs for Churches, Schools, Golf Courses, Fire Stations, Police Stations, Noncommercial Use or Public Service, or Other Similar Noncommercial Uses. Unless otherwise covered by the provisions set forth in BCC 22B.10.130(N), signs for the above noncommercial uses shall comply with the following:

a. On-premises signs shall conform with the following requirements:

i. Each use identified above shall have no more than one freestanding sign and one building-mounted sign along each street frontage.

ii. Building-mounted signs shall not exceed 20 feet in height or 50 square feet in surface area.

iii. Freestanding signs located between the building line and the property line shall not exceed five feet in height or 25 square feet in surface area.

iv. Freestanding signs located at the building line or behind it shall not exceed 15 feet in height or 35 feet in area.

b. Off-premises signs for these noncommercial uses may be approved by the director subject to the following conditions:

i. The sign is to identify current events or activities.

ii. The sign or message is for a temporary period of time sufficient to inform the public of the event or activity with a maximum of two weeks.

iii. The sign is not located on street or freeway right-of-way except when a part of a permanent subdivision or neighborhood designation sign (see paragraph (C)(4) of this subsection).

iv. The sign does not exceed 15 square feet in area nor five feet in height.

v. Not more than two such signs shall be permitted.

2. Illumination. Signs in single-family residential districts may be internally or externally illuminated. If externally illuminated, the illumination source shall be located, shaded, shielded, or directed so that it is not visible from a public street or adjoining residential property.

3. House Numbers. All houses in single-family residential districts shall display house numbers visible from the street.

4. Permanent Subdivision or Neighborhood Designation Signs. Permanent subdivision or neighborhood designation signs shall conform with the following requirements:

a. Signs shall not exceed five feet in height and 25 square feet in surface area.

b. Signs shall be located between the building line and the property line unless a location on excess city right-of-way is approved by the director of transportation. (Ord. 5357 § 9, 2002; Ord. 5151 § 1, 1999; Ord. 4818 § 8, 1995; Ord. 2953 § 9, 1981; Ord. 2828 § 1, 1980; Ord. 2133 §§ 4, 5, 1974; Ord. 2014 § 3, 1974; 1961 code § 17.01.080.)

22B.10.100 Open use district signs.

Repealed by Ord. 4818. (Ord. 2953 § 10, 1981; Ord. 2133 § 6, 1974; 1961 code § 17.01.081.)

22B.10.105 Vendor carts and produce stands.

A. Vendor Cart Signs. Instead of the sign allowances and requirements set forth for the land use district in which a vendor cart is located, a vendor cart is permitted a maximum of two primary signs having a combined sign area not exceeding 20 square feet. The signage may be attached to the cart and to any awning, umbrella or tent providing weather protection for the cart. The design of the signage shall be integrated with the design of the cart and have a maximum letter size of 18 inches. Freestanding signs are not permitted.

B. Temporary Produce Stands. Instead of the sign allowances and requirements set forth for the land use district in which a temporary produce stand is located, temporary produce stands are permitted two primary signs, one of which may be a freestanding sign. All signs must be removed at the end of the harvest season.

1. Freestanding signs shall have maximum sign area of 20 square feet and a maximum height of five feet. Freestanding signs located between the property line and the building line may include product information.

2. Building-mounted signs shall have a maximum sign area of 20 square feet and a maximum letter size of 24 inches.

3. Signage in residential districts shall not be internally illuminated.

C. Permanent Produce Stands. Permanent produce stands shall be permitted the signage of the district in which the stand is located. (Ord. 5490 § 16, 2003; Ord. 4683 § 3, 1994.)

22B.10.107 LED (light emitting diode) readerboard signs.

LED readerboards are allowed in any land use district when used only as a noncommercial public service sign. In addition to the criteria applicable in the underlying land use district, LED readerboard signs outside of the downtown are subject to the following design criteria:

A. Building-mounted LED signs on performing arts centers (PACs) shall not be incorporated within any artwork proposal received for the PAC’s building facade;

B. The proposed LED readerboard sign text shall not flash but roll onto the screen. Furthermore, no chasing, scintillating, rotating or blinking lights shall be permitted. The LED readerboard graphics are limited to text only; no animation of any kind is permitted;

C. LED readerboard sign structure shall be designed to architecturally complement the structure to which it is associated;

D. LED readerboard text shall not change more than once every eight hours; and

E. All sign illumination shall be turned off between the hours of 10:00 p.m. and 6:00 a.m.; except, that if the premises are open to accommodate noncommercial public service events occurring beyond the hours identified above, the illumination shall be turned off at the cessation of the event. (Ord. 5490 § 17, 2003.)

22B.10.110 Hospital and ambulatory health care signs.

A. General. The provisions of BCC 22B.10.030 apply to signs displayed at a hospital located in any land use district, or an ambulatory health care center located in a medical institution district, except as specifically provided otherwise in this section.

B. Freestanding Signs.

1. Number. In addition to the number of freestanding signs permitted by BCC 22B.10.030, a hospital may display a freestanding sign at each access designed and utilized by vehicles accessing the emergency department.

2. Location. A freestanding sign identifying emergency access may be located adjacent to that access; provided, however, that the sight distance requirements of the transportation development code (Chapter 14.60 BCC) shall be met.

3. Size. Each freestanding sign at a hospital access may be up to 75 square feet in sign area and up to 15 feet high.

C. Directional Signs. Directional signs for hospitals located in any land use district and for ambulatory health care centers located in a medical institution district may be up to 25 square feet in sign area and freestanding directional signs may be up to 10 feet in height. Such signs shall be located at least 50 feet from a primary sign or from another freestanding directional sign; provided, that a variance can be granted from this requirement if the criteria of BCC 22B.10.180(G) are met. (Ord. 5743 § 4, 2007; Ord. 5490 § 18, 2003; Ord. 3822 § 1, 1987.)

22B.10.115 Directional signs for major institutions.

A major institution may display no more than one freestanding directional sign for every 200 feet of street frontage, in conformance with the following requirements:

A. Number Allowed. Only the minimum number of signs determined by the director to be necessary to direct vehicular and pedestrian traffic may be displayed.

B. Sign Content. Only the name or symbol of the institution or office building shall be displayed; provided, that directional signs may change to state whether a parking garage is full.

C. Location – General. Directional signs must be placed at primary vehicular or pedestrian access points.

D. Location – On Sidewalks. Directional signs may be placed on a sidewalk in the public right-of-way pursuant to BCC 14.30.080, or on other perimeter sidewalks adjacent to and owned by the major institution, with the prior approval of the director; provided, that directional signs must be located so as to not inhibit pedestrian movement.

E. Maximum Area. Directional signs shall be no greater than 25 square feet in area.

F. Maximum Height. Directional signs shall be no greater than five feet in height. (Ord. 5490 § 19, 2003; Ord. 4818 § 10, 1995; Ord. 4626 § 1, 1994.)

22B.10.120 Temporary signs.

Except for the signage described in subsection B of this section, the aggregate area of all temporary signs regulated by this section placed or maintained on any parcel of private real property in one ownership shall not exceed 64 square feet maximum, and the area of any single sign shall not exceed 32 square feet maximum. Instead of the sign allowances and requirements applicable to the land use district within which the temporary sign is located, the temporary signs below must comply with the following limitations:

A. Construction Period Signage and Barricade Graphics.

1. Downtown. These signs shall be of durable material, and may only identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building. Signs may also announce the character of the building, or the purpose for which the building is intended and may include words and/or graphic images to illustrate the project or other subject matter. These signs are subject to design review approval pursuant to Chapter 20.30F LUC and the design review criteria of BCC 22B.10.025, may be displayed only after issuance of a construction permit, and displayed only until issuance of a temporary certificate of occupancy or certificate of occupancy. Barricade signs submitted at any time after design review approval may be permitted through a land use exemption (LUX) permit. The aggregate and individual sign size limits set forth above may be modified through the design review process set forth in BCC 22B.10.025 to allow additional construction period sign area, with an aggregate limit not to exceed 128 square feet, which may be allocated to one sign or several signs.

2. All Zones Outside Downtown (Single-Family Excepted). No construction sign shall exceed 32 square feet in surface area or 10 feet in height, nor be located closer than 10 feet from the property line or closer than 30 feet from the property line of the abutting owner so as not to constitute a hazard. Such signs must be removed by the date of first occupancy of the premises.

3. Single-Family Zones. No construction sign shall exceed eight square feet in surface area, or be located closer than 10 feet from the property line of the abutting owner. Such signs shall be removed by the date of first occupancy of the premises. Only one such sign (which may be double-faced) is permitted per construction project adjacent to each public street upon which the project fronts.

B. Lease-Up/Sales Period Signage. Any portion of a building’s permanent signage allocation as set forth in the applicable sections of this code may be utilized to display marketing signage during the initial lease-up/sales period of a new or substantially remodeled building. These signs shall be of durable material, graphically compatible with the permanent signage, and may include words and/or graphic images to communicate availability within the building. These signs are subject to a previously approved sign package or design review approval pursuant to Chapter 20.30F LUC, may be displayed only after issuance of certificate of occupancy, and must be removed or converted back to permanent signage when initial lease-up ends as defined under BCC 22B.10.020.

C. Real Estate Signs. Except as governed by BCC 22B.10.120(B), all exterior real estate signs must be of wood, plastic or other rigid and durable material, and unless a permit is not required pursuant to BCC 22B.10.160(D), are permitted individually or through a sign package. In addition, all such signs are subject to the following limitations:

1. On-Premises Residential “For Sale,” “For Lease/Rent” and “Sold” Signs. Signs shall be limited to one single- or double-faced sign oriented to each street upon which the advertised property fronts. The sign must be placed wholly on the property for sale/lease/rent and may remain up until the property is sold/rented/leased.

a. Multifamily. Signs may not exceed 16 square feet in surface area. If freestanding, the sign may not exceed five feet in height and shall be located wholly on the property for sale or rent and more than 15 feet from any abutting interior property line.

b. Single-Family. The sign may not exceed six square feet in surface area.

2. Off-Premises Residential Directional “For Sale/Rent/Lease/Open House” Signs. Signs advertising “open house” and the direction to a residence for sale, lease or rent shall be limited to three single- or double-faced off-premises signs. However, if a realtor has more than one house open for inspection in a single development or subdivision, off-premises signs are limited to four for the entire development or subdivision. Such signs are permitted only during daylight hours and when the realtor or seller or an agent is in attendance at the property for sale. No off-premises “For Sale/Rent/Lease/ Open House” sign shall exceed six square feet in surface area. The sign may be placed along the periphery of a public right-of-way.

3. Undeveloped Commercial or Industrial Property “For Sale or Rent” Signs. Signs advertising undeveloped commercial or industrial property “For Sale or Rent” shall be limited to one single- or double-faced sign per street frontage. Signs may be displayed while the property is actually for sale or rent. The sign may not exceed 16 square feet in surface area. If freestanding, the sign may not exceed five feet in height and shall be located more than 15 feet from any abutting interior property line and wholly on the property for sale or rent.

4. Developed Commercial or Industrial Property “For Sale or Rent” Signs. Signs advertising developed commercial or industrial property “For Sale or Rent” shall be limited to one single- or double-faced sign per street frontage. Signs may be displayed while the building is actually for rent or sale. The sign may not exceed 16 square feet in surface area. If freestanding, the sign may not exceed five feet in height, and shall be located more than 15 feet from any abutting side or rear property line, and wholly on the property for sale or rent.

5. Residential Land Subdivision Signs. Signs advertising residential subdivisions are permitted, subject to the following:

a. Each sign shall be limited to 32 square feet in surface area;

b. Only one sign is permitted per subdivision, except in either of the following instances:

i. If a subdivision abuts only one street, two signs are permitted; provided, that the two signs must be placed at least 200 feet apart;

ii. If a subdivision abuts more than one street, one sign may be erected along each street frontage.

In no case shall more than a total of two such signs be allowed;

c. No sign shall project beyond the building line;

d. Each sign must be placed at least 30 feet from the abutting owner’s property line;

e. Such signs shall not exceed a height of 12 feet;

f. Such signs shall be removed by the end of one year or when 75 percent of the houses in the subdivision are sold or occupied, whichever first occurs; and

g. Permanent subdivision or neighborhood designation signs shall be as approved by the director, as set forth in BCC 22B.10.090(C).

6. Subdivision Directional Signs Designating New Developments. Signs advertising the direction to a subdivision shall be furnished and placed only by the developer or residents of the subdivision, but at locations designated by the city. Signs shall be of the dimensions 12 inches by 36 inches, shall bear only the name of the subdivision and a directional arrow (no name of realtor permitted), and be limited in number to four. The city will designate placement of the signs at street intersections a maximum of one mile from the nearest subdivision entrance. The signs shall be maintained by the developer and removed when 75 percent of the subdivision is occupied.

7. Undeveloped Multifamily Property “For Sale” Signs. “For sale” signs for undeveloped multifamily property shall be regulated pursuant to the provisions of BCC 22B.10.120(C)(3).

8. Undeveloped Single-Family Acreage “For Sale” Signs. Signs for undeveloped, unsubdivided single-family property which may be legally divided into four or more single lots shall be regulated pursuant to the provisions of BCC 22B.10.120(C)(3).

D. Temporary Event Signage. Signs, posters, banners, strings of lights, clusters of flags, blinking lights, balloons and searchlights are permitted for a period of one month to announce the opening of a completely new enterprise, and anytime thereafter for two weeks each occurrence (searchlights excepted) to announce the opening of an enterprise under new ownership, a substantial remodel, or a going-out-of-business sale. All such materials shall be removed immediately upon expiration of the respective time limit. Use of the above-described devices within the limits specified shall be an exception to the general prohibition on these devices in BCC 22B.10.150(E). Such displays are not exempt from permit requirements and are permitted only in districts where the enterprise so advertised is allowed under district zoning regulations, and where the enterprise advertised is allowed to have permanent signage under district zoning and sign regulations.

E. Political Headquarters Signs.

1. Party Headquarters. On-premises political signs are permitted on the premises of political headquarters located in the Business, Commercial, Manufacturing, and Institutional districts (BCC 22B.10.030), and on office buildings in the office and apartment districts (BCC 22B.10.040), so long as the signs meet the requirements of those districts.

2. Headquarters for Candidate or Ballot Issue. On-premises political signs are permitted on the premises of the headquarters of a candidate for public elective office (whether partisan or nonpartisan) or on the headquarters of persons supporting or opposing a public issue decided by ballot, when such headquarters are located in the Business, Commercial, Manufacturing, and Institutional districts (BCC 22B.10.030), and in office buildings in the office and apartment districts (BCC 22B.10.040), so long as the signs meet the requirements of those districts.

F. Political Signs.

1. Political signs promoting or publicizing candidates for public office or issues that are to be voted upon in a general or special election may be displayed on private property.

Such signs shall be removed within seven days following the election; provided, that signs promoting successful candidates in a primary election may remain displayed on private property until seven days following the immediately subsequent general election.

2. Political Signs Not Allowed on Public Utility Poles or Public Buildings or Structures. It is unlawful for any person to paste, paint, affix or fasten a political sign on any utility pole or on any public building or structure.

3. Political Signs Within Public Right-of-Way. Political signs may be posted within public right-of-way only if the sign does not create a traffic obstruction or hazard. Political signs in the right-of-way are limited to a maximum surface area of four square feet and a maximum height of five feet. A political sign promoting or publicizing candidates for public office or issues that are to be voted upon in a general or special election must be removed within seven days following an election; provided, that political signs promoting successful candidates in a primary election may remain displayed until seven days following the immediately subsequent general election.

4. Responsibility for Removal of Signs Following Election. It shall be the responsibility of the above campaign officer or responsible official to have the signs removed.

5. Public Notices Unaffected. Nothing in this section shall be construed to prohibit the placement of public notices required by law.

6. The display of any political sign in violation of subsection E of this section, or any portion or part thereof, shall be presumed to have been done at the direction and request of the campaign officer or responsible official.

G. Commercial Estate Sale Signage. All exterior commercial estate signs must be of wood, plastic or other rigid and durable material and must comply with the criteria of this subsection.

1. On-Premises “Estate Sale” Signs. Signs shall be limited to one single- or double-faced sign oriented to each street frontage adjacent to the property on which the estate sale is being held. The sign must be placed wholly on the property on which the estate sale is being held.

a. Multifamily, Commercial or Industrial. Signs may not exceed 16 square feet in surface area. If freestanding, the sign may not exceed five feet in height and shall be located wholly on the property on which the estate sale is being held and more than 15 feet from any abutting interior property line.

b. Single-Family. The sign may not exceed six square feet in surface area.

2. Off-Premises Directional “Estate Sale” Signs. Signs advertising “estate sale” and the direction to the property on which the estate sale is being held shall be limited to three single- or double-faced off-premises signs. However, if an estate sale operator has more than one estate sale within a single development or subdivision, off-premises signs are limited to four for the entire development or subdivision. Such signs are permitted only during daylight hours and when the estate sale operator is in attendance at the location of the advertised estate sale. Off-premises “estate sale” signs shall not exceed six square feet in surface area. The sign may be placed along the periphery of a public right-of-way.

H. Temporary Joint Sales Signage. Signs, posters, banners, strings of lights, clusters of flags, blinking lights, balloons and searchlights are permitted for a period of two weeks to announce a special sales event sponsored by more than one commercial enterprise. Such special sales event must be held on the premises of one or more of the sponsoring enterprises, and all participating enterprises must be located on the same site or abutting sites. The signage allowed under this section may be permitted no more than four times per year for any participating enterprise. All such materials shall be removed immediately upon expiration of the respective time limit. Use of the above-described devices within the limits specified shall be an exception to the general prohibition on these devices in BCC 22B.10.150(E). Such displays are not exempt from permit requirements and are permitted only in the Downtown, Factoria, CB, GC, LI and OLB land use districts where the advertised enterprise is allowed under land use district regulations or operating pursuant to a valid permit or approval. (Ord. 5490 § 20, 2003; Ord. 5357 § 10, 2002; Ord. 5151 § 2, 1999; Ord. 4818 § 11, 1995; Ord. 3206 § 1, 1982; Ord. 3157 § 1, 1982; Ord. 2342 § 1, 1976; Ord. 2301 § 1, 1976; Ord. 2133 §§ 7, 8, 1974; 1961 code § 17.01.090.)

22B.10.125 Permanent signs within street rights-of-way.

A. General. Signs for the purpose of identification only, which contain no advertising, and signs that are otherwise allowed in the right-of-way under this sign code, may be permanently located upon the street right-of-way only where view-obstructing acoustical protective devices such as acoustical walls, berms or solid fences have been legally installed with city approval at the property line thereby making building-mounted or conforming freestanding signs ineffective.

B. Design and Materials. The proposed design and materials to be utilized in the construction of signs permitted by this section shall be approved in advance of the issuance of any sign permit by the director.

C. Types of Signs Permitted. Only signs identifying the use being maintained or operated upon the immediately abutting property and incidental signs indicating the appropriate entrance to and exit therefrom are permitted upon the public right-of-way under this section; provided, that “vacancy” signs no larger than three square feet in surface area may be installed as an addition to the identification sign; and provided, that other signs may be authorized on the public right-of-way pursuant to the variance process under BCC 22B.10.180.

D. Sign Location. Permanent signs permitted upon the street right-of-way shall not be installed or placed on the top of acoustical protective devices, nor shall such signs be installed upon or attached to acoustical protective devices constructed by the city.

E. Sign Dimensions. Permanent signs permitted within the street right-of-way shall have a maximum height of five feet above the existing grade located directly below the sign, and a maximum surface area of 15 square feet.

F. Sign Illumination. Permanent signs permitted within the street right-of-way shall be from a source other than the sign itself and shall comply with the illumination requirements of the district in which the property identified by the sign is located.

G. Permit Requirements. Permanent signs permitted within the street right-of-way are subject to all general requirements of this code; provided, that no such sign may be erected without a permit regardless of the size of the sign; and provided further, that any application for a permit to place a sign within the street right-of-way is subject to the approval of the director of transportation.

H. Political Signs. Permanent political signs are not permitted within the street right-of-way. For requirements governing temporary political signs, see BCC 22B.10.120. (Ord. 5490 §§ 21, 22, 2003; Ord. 5151 § 3, 1999; Ord. 4818 § 12, 1995; Ord. 2568 § 5, 1978.)

22B.10.130 Exempt signs or displays.

The following signs or displays are exempted from coverage under this code:

A. Traffic or pedestrian control signs or signals, or signs indicating scenic or historic points of interest, which are erected by or on the order of a public officer in the performance of his public duty;

B. Signs required by law;

C. Official public notices, official court notices or official sheriff’s notices;

D. The flag of a government or noncommercial institutions such as schools;

E. Exterior signs or displays not visible from streets or ways open to the public;

F. Signs in the interior of a building more than three feet from the closest window or not facing a window;

G. Plaques, tablets or inscriptions indicating the name of a building, its date of erection, or other commemorative information, 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 three square feet in surface area;

H. “No trespassing,” “no dumping,” “no parking,” “private,” and other informational warning signs, which shall not exceed three square feet in surface area;

I. Reasonable seasonal decorations within the appropriate public holiday season. However, such displays shall be removed within five days following the end of the public holiday season;

J. The flag of a commercial institution. No more than one flag is permitted per business premises, the flag shall not exceed 20 square feet in surface area, and shall be left loose to fly in the breeze;

K. Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification;

L. Sandwich-board signs worn by a person while walking the public ways of the city;

M. Existing theater marquees (freestanding and/or building-mounted);

N. Reasonable temporary decorations and signs for the purpose of announcing or promoting a nonprofit sponsored, school sponsored, or child daycare center sponsored community fair, festival or event, including announcement of enrollment periods. Such decorations and signs may be displayed no more than 14 calendar days prior to and during the fair, festival or event.

If approved by the Department of Transportation, such decorations or signs may be located on or over the public right-of-way. All decorations and signs must be removed within five calendar days following the end of the fair, festival or event. (Ord. 5490 § 23, 2003; Ord. 5357 § 11, 2002; Ord. 4818 § 13 1995; Ord. 3525 § 1, 1985; 1961 code § 17.01.100.)

22B.10.140 Requirements applicable to all signs. Amended Ord. 5877

A. Structural Requirements. The structure and erection of signs within the city shall be governed by Chapters 2 and 4 of the Uniform Sign Code, 1985 Edition (or by superseding edition adopted by the city), and the Uniform Building Code, 1985 Edition (or any superseding edition adopted by the city), Volume I (including appendices), as promulgated by the International Conference of Building Officials, which are adopted and made a part hereof by this reference. Not less than one copy of said codes are on file in the office of the city clerk. Compliance with the Uniform Sign Code and Uniform Building Code shall be a prerequisite to issuance of a sign permit under BCC 22B.10.160.

B. Electrical Requirements. Electrical requirements for signs within the city shall be governed by the National Electrical Code, 1984 Edition (or any superseding edition adopted by the city), promulgated by the National Fire Protection Association, which is adopted and made a part hereof by this reference. Compliance with the National Electrical Code shall be required by every sign utilizing electrical energy as a prerequisite to issuance of a sign permit under BCC 22B.10.160.

C. Sign Illumination. Illumination from or upon any sign shall be located, shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. “Undue brightness” is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street.

D. Sign Maintenance. All signs, including signs heretofore installed, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is located to repair or remove the sign within five days after receiving notice from the director. The premises surrounding a freestanding sign shall be free and clear of rubbish and landscaping area free of weeds.

E. Sign Obstructing View or Passage. No sign shall be located so as to physically obstruct any door, window or exit from a building. No sign shall be located so as to be hazardous to a motorist’s or pedestrian’s ingress and egress from parking areas or any way open to the public. All signs shall comply with the sight distance requirements of the Land Use Code (LUC 20.20.830).

F. Landscaping for Freestanding Signs. All primary freestanding signs shall include landscaping at their base to prevent automobiles from hitting the sign-supporting structure and to improve the overall appearance of the installation. The planting area shall be a minimum of one square foot for each square foot of sign surface area and shall include shrubs and groundcover so that at the time of installation a minimum of 25 percent of the required planting is covered by plant material.

If the landscaping is not installed concurrently with the sign, the applicant for a sign permit shall provide a performance assurance device in accordance with LUC 20.40.490. All required landscaping must be installed within 60 days of completion of the sign installation, unless the director grants an extension in writing for reasons of weather, good planting practices, or unforeseeable construction delay.

G. Sign Inspection. All sign users shall permit the periodic inspection of their signs by the city upon city request.

H. Conflicting Provisions. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply.

I. Painted Signs – Mounting. Painted signs may be painted on plywood or other backing material or directly on the building wall itself. (Ord. 5490 § 24, 2003; Ord. 5403 § 17, 2002; Ord. 4818 § 14, 1995; Ord. 4683 § 4, 1994; Ord. 3683 §§ 2, 3, 4, 1986; Ord. 2133 § 9, 1974; 1961 code § 17.01.110.)

22B.10.150 Prohibited signs.

The following signs or displays are prohibited, except as indicated. Prohibited signs are subject to removal by the city at the owner’s or user’s expense (see BCC 22B.10.170).

A. Window signs containing material unrelated to the merchandise for sale or service performed by the person or business on whose premises or property the sign is located (except real estate “open house,” subdivision directional, and commercial “estate sale” signs as governed by BCC 22B.10.120(C)(2), (C)(6) and (G)(2)); provided, however, on-premises signs may call the attention of the public to public holidays or community events, the time and temperature;

B. Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words “stop,” “caution,” “danger,” “warning,” or similar words;

C. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device or the light of an emergency or radio equipment vehicle; or which obstruct the visibility of any traffic or street sign or signal device;

D. Signs which rotate or have a part or parts which move or revolve except that the movement of the hands of a clock or digital changes indicating time and temperature or national market indices which do not advertise a specific company or commodity, or indicating whether a parking garage is full are permitted;

E. Displays, banners, clusters of flags, posters, pennants, ribbons, streamers, strings of lights, spinners, twirlers or propellers, flashing, rotating or blinking lights, chasing or scintillating lights, flares, balloons, bubble machines and similar devices of a carnival nature, or containing elements creating sound or smell. Exception: Certain of these devices are permitted on a limited basis as seasonal decorations under BCC 22B.10.130(I), for temporary event signage under BCC 22B.10.120(D), and for joint sales signage under BCC 22B.10.120(H);

F. Signs identifying or window signs advertising, activities, products, businesses or services which have been discontinued for more than 60 days on the premises upon which the signs are located;

G. Private signs on utility poles or public property, except as provided in BCC 22B.10.120(F) and 22B.10.125;

H. Searchlights, except as permitted for temporary event signage under BCC 22B.10.120(D), and for joint sales signage under BCC 22B.10.120(H). The beam of the searchlight shall not flash against any building or sweep an arc greater than 45 degrees from vertical;

I. Billboards;

J. Portable signs, except for sandwich board signs as permitted under BCC 22B.10.130(L), political signs meeting the requirements of BCC 22B.10.120(E) and (F), and temporary signs meeting the requirements of BCC 22B.10.120;

K. Signs for which a permit has been granted under conditions with which the permittee does not comply;

L. Signs for which a permit has been granted and subsequently revoked for cause by the director;

M. Directional signs, except where specifically authorized under provisions of this code;

N. Signs erected, altered or relocated without a permit issued by the city or any other governmental agency which requires a permit by law; and

O. LED readerboard signs, except as follows:

1. LED readerboard signs meeting the design review requirements of BCC 22B.10.025 are allowed within the downtown at locations of public assembly pursuant to LUC 20.10.440. The frequency of message changes shall be limited to a maximum of once every four minutes; or

2. LED readerboard signs meeting the requirements of BCC 22B.10.107 are allowed in any land use district when used only as a noncommercial public service sign. The frequency of message changes shall be limited to one message change every eight hours.

LED readerboard signs permitted under the terms of these exceptions must comply with the requirements of all other provisions of the sign code applicable to the land use district within which the sign is located. (Ord. 5490 §§ 25 – 29, 2003; Ord. 5357 § 12, 2002; Ord. 4818 § 15, 1995; Ord. 4626 § 5, 1994; Ord. 3683 § 5, 1986; Ord. 3206 § 2, 1982; Ord. 2301 § 2, 1976; Ord. 2133 §§ 10, 11, 1974; Ord. 2045 § 4, 1974; 1961 code § 17.01.120.)

22B.10.160 Permits and fees.

A. Permit Requirements. Except as provided in subsection D of this section, no sign governed by this code shall be erected, altered or relocated from and after the date of adoption of this code without a permit issued by the city.

B. Permit Applications. In addition to application requirements detailed in BCC 22B.10.025, applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign and details of its proposed placement, and such other pertinent information as the director may require to insure compliance with this code and other applicable ordinances. Permit applications shall be available for inspection by the public upon request.

C. Expiration of Permits. A sign permit shall become null and void if the work for which the permit was issued has not been completed within one year of its issuance. Permits for temporary signs (BCC 22B.10.120) shall expire a maximum of 12 months from the date of the sign installation. Such permits are not subject to renewal.

D. Permit Exceptions. The following signs and sign alterations do not require a permit, but shall comply with all other applicable requirements of this code:

1. Signs having six square feet or less of surface area; provided, that this exemption shall not apply to subdivision directional signs (BCC 22B.10.120(C)(6);

2. Signs which have permits and which conform with the requirements of this code on the day of its adoption unless and until the sign is altered or relocated;

3. Signs which, on the date of adoption of this code, have permits but do not conform with this code’s requirements and are determined by the director to be nonconforming signs and for which a nonconforming sign permit is issued pursuant to BCC 22B.10.200(B)(4);

4. Repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign structure or content is not modified in any way;

5. Changing of advertising copy or message on an approved reader board, LED reader board, theater marquee, or sign for an entertainment/public assembly use. When the sign is a nonconforming sign subject to amortization, this exception shall apply only during the period of amortization;

6. Temporary political signs;

7. Real estate signs meeting the standards set forth in BCC 22B.10.120(C);

8. On-site signs erected by utility providers to indicate the utility’s intended use of the site for future major utility facilities. Such signs shall be limited to 20 square feet in area and not exceed eight feet in height; and

9. Commercial estate sale signs meeting the standards set forth in BCC 22B.10.120(G).

E. Notice of Permit Denial – Reasons. When a sign permit is denied by the director, he or she shall give written notice of the denial to the applicant, together with a brief written statement of the reason for the denial. (Ord. 5679 § 4, 2006; Ord. 5490 § 30, 2003; Ord. 5357 § 13, 2002; Ord. 5151 § 4, 1999; Ord. 4818 § 16, 1995; Ord. 3683 §§ 6, 7, 1986; Ord. 3642 § 1, 1986; Ord. 2953 § 11, 1981; Ord. 2568 § 4, 1978; Ord. 2133 § 12, 1974; 1961 code § 17.01.130.)

22B.10.170 Administration, enforcement and sign removal.

A. Administration. The director shall be responsible for administration of this code. The director may adopt rules for the implementation of this code; provided, the director shall first hold a public hearing. The director shall publish notice of intent to adopt any rule, and the date, time and place of the public hearing thereon in a newspaper of general circulation in the city at least 14 days prior to the hearing date. Any person may submit written comment to the director in response to such notice, and any person may speak at the public hearing. Following the public hearing, the director shall adopt, adopt with modifications, or reject the proposed rule.

B. Inspection of Director. The director is empowered to enter or inspect any building, structure or premises in the city, upon which, or in connection with which a sign, as defined by this code, is located, for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this code. Such inspections shall be carried out during business hours, unless an emergency exists.

C. Violation – Penalty.

1. The violation of or failure to comply with any provision of this chapter is declared to be unlawful.

2. Any violation of any provision of this chapter is a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein.

3. In addition to or as an alternative to any other penalty provided by this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 4818 § 17, 1995; Ord. 4216 § 1, 1991; Ord. 3683 § 8, 1986; Ord. 3589 § 1, 1986; Ord. 3501 § 1, 1985; Ord. 2953 § 12, 1981; Ord. 2055 § 2, 1974; 1961 code § 17.01.140.)

22B.10.180 Variance from sign code.

A. Scope. This section establishes the procedure and criteria that the city will use in making a decision upon an application for a variance from the provisions of the sign code.

B. Applicability. This section applies to each application for a variance from the provisions of the sign code except as otherwise provided in BCC 22B.10.200 relating to exemptions from the sign amortization program.

C. Purpose. A variance is a mechanism by which the city may grant relief from the provisions

of the sign code where practical difficulty renders compliance with the provisions of that code an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of that code can be fulfilled.

D. Who May Apply. The property owner or his or her authorized agent may apply for a variance from the provisions of the sign code.

E. Applicable Procedure. The city will process an application for a variance from the provisions of the sign code through Process II, LUC 20.35.200 et seq.

F. Submittal Requirements.

1. The director shall specify the submittal requirements, including type, detail and number of copies, for a variance application to be deemed complete and accepted for filing.

2. The director may waive specific submittal requirements determined to be unnecessary for review of an application.

G. Decision Criteria. The director may approve or approve with modifications an application for a variance from the provisions of the sign code if:

1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon signage and uses of other properties in the same vicinity and zone; and

2. Such variance is necessary because of special circumstances, which are not the result of voluntary actions of the applicant, relating to the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the same vicinity and zone; and

3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same vicinity zone; and

4. The variance is the minimum necessary to meet the need of the applicant.

H. Limitation on Authority. The director may not grant a variance to:

1. Any dimensional requirement of the Sign Code to the extent of greater than 15 percent of that dimension. However, additional variation beyond 15 percent on sign location and height may be considered by the director pursuant to the decision criteria of this section;

2. The number of signs permitted;

3. Any provision of the Sign Code which, by the terms of that code, is not subject to a variance.

I. Time Limitation. A variance automatically expires and is void if the applicant fails to file for a sign permit or other necessary development permit within three years of the effective date of the variance. The director may extend a sign variance, not to exceed two years, if:

1. Unforeseen circumstances or conditions necessitate the extension of the variance; and

2. Termination of the variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and

3. The extension of the variance will not cause substantial detriment to existing uses in the immediate vicinity of the subject property; and

4. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and

5. Conditions in the immediate vicinity of the subject property have not changed substantially since the variance was first granted.

J. Assurance Device. The director may require a reasonable performance or maintenance assurance device in conformance with LUC 20.40.490 to assure compliance with the provisions of the sign code and the variance as approved. (Ord. 5357 § 14, 2002; Ord. 4818 § 18, 1995; Ord. 3683 § 10, 1986.)

22B.10.190 Appeals.

The decision of the director approving, approving with modifications or denying a sign permit or interpreting the provisions of the sign code may be appealed using the appeal provisions of Process II, LUC 20.35.200 et seq. (Ord. 4818 § 19, 1995; Ord. 3683 § 12, 1986.)

22B.10.200 Nonconforming signs.

A. General. To ease the economic impact of this code on businesses with substantial investment in signs in existence on the date of adoption of this code, this section provides for up to nine years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized on federal income taxes; however, whether it may be so amortized shall not affect the application of this section. Similar treatment is accorded signs in areas annexed to the city after the code’s enactment.

B. Nonconforming signs.

1. Notification of Nonconformity or Illegality. The director shall, as soon as practicable, survey the city for signs which do not conform to the requirements of this code. Upon determination that a sign is nonconforming or illegal, the director shall use reasonable efforts to so notify, either personally or in writing, the sign user or owner of the sign, and where practicable the owner of the property on which the sign is located, of the following; provided, that the business licensee of the business with which the sign is associated shall be presumed to be the sign user under this code:

a. The sign’s nonconformity or illegality;

b. Whether the sign may be eligible for a nonconforming sign permit.

If the identity of the sign user, owner of the sign, or owner of the property on which the sign is located cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated.

2. Signs Eligible for Nonconforming Sign Permit. Any sign which does not conform with the provisions of this code is eligible for a nonconforming sign permit; provided it meets all of the following requirements:

a. The sign is either located within the city limits on the date of adoption of this code, or located in areas annexed to the city thereafter;

b. The sign must be an on-premises sign;

c. The sign must be a primary sign;

d. The sign must not be a temporary sign;

e. The sign must not be a sign prohibited by BCC 22B.10.150;

f. The sign must not be an incidental sign; and

g. Either:

i. The sign was covered by a sign permit on the date of adoption of this code, if one was required under applicable law; or

ii. If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of this code.

3. Number of Nonconforming Signs Permitted. Each sign user having nonconforming signs meeting the requirements of subsection (B)(2) of this section shall be permitted to retain one (only) such sign along each street upon which the business premises fronts. A nonconforming sign permit must be obtained for each sign to be retained.

4. Permit for Nonconforming Signs. A nonconforming sign permit is required for each nonconforming sign designated under subsection (B)(3) of this section. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city (under subsection (B)(1) of this section) that the sign is nonconforming. The permit shall be issued for a fee and shall expire at the end of the applicable amortization period prescribed in subsection (D)(2) of this section. Applications for a nonconforming sign permit shall contain the name and address of the sign user, the sign owner, and the owner of the property upon which the sign is located, and such other pertinent information as the director may require to ensure compliance with the code, including proof of the date of installation of the sign. A nonconforming sign for which no permit has been issued within the 60-day period shall within six months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, sign owner or owner of the property on which the sign is located to the remedies and penalties of subsection C of this section.

5. Loss of Nonconforming Status. A nonconforming sign shall immediately lose its nonconforming designation if:

a. The sign is altered in any way in structure or copy (except for changeable copy and normal maintenance described in subsection E of this section), which tends to or makes the sign less in compliance with the requirements of this code than it was before the alteration; or

b. The sign is relocated to a position making it less in compliance with the requirements of this code; or

c. The sign is replaced; or

d. Any new primary sign is erected or placed in connection with the enterprise using the nonconforming sign; or

e. No application for a nonconforming sign permit is filed by the sign user, sign owner, or owner of the property upon which the sign is located within 60 days following notification by the city (under subsection (A)(1) of this section) that the sign is nonconforming and that a permit must be obtained. If a sign loses its nonconforming status pursuant to subparagraphs a, b, c, d, or e, any permit or designation for what had been designated as a nonconforming sign shall become void, the director shall notify the sign user, sign owner or owner of the property upon which the sign is located of cancellation of the permit or designation, and the sign shall immediately be brought into compliance with this code and a new permit secured therefor, or shall be removed.

C. Illegal Signs. Any illegal sign is any sign which does not comply with the requirements of this code within the city limits as they now or hereafter exist, and which is not eligible for a nonconforming sign permit under BCC 22B.10.200(B)(2) may be immediately removed by the city if the sign is located on city property or right-of-way. The city may remove an illegal sign located on private property no less than 10 days following the mailing of notice to the property owner or person in charge of the premises that the sign is illegal and must be removed.

D. Amortization Period for Nonconforming Signs. Nonconforming signs for which a nonconforming sign permit has been issued may remain in a nonconforming state for nine years after the date of installation of the sign, or six years after notification by the city of the sign’s nonconformity, whichever is longer. Thereafter, subject to subsection F of this section, the sign shall be brought into conformity with this code with a permit obtained therefor, or be removed; provided, however, that the amortization period established by this section may be used only so long as the sign retains its nonconforming status (see BCC 22B.10.200(B)(5)); and, provided further, that upon any change in land use or occupancy, or change in business name, such nonconforming signs shall, within six months, be brought into conformity with this code with a permit obtained therefor, or be removed. The authorization provision of this code shall not apply to signs the advertising or informative content of which are oriented toward and visible from the main traveled portion of the interstate system or other state highway.

E. Nonconforming Sign Maintenance and Repair. Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from the provisions of this code regarding safety, maintenance and repair of signs, contained in BCC 22B.10.140, and from the provisions on prohibited signs, contained in BCC 22B.10.150; provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it less in compliance with the requirements of this code, or the sign will lose its nonconforming status. (See subsection (B)(5) of this section.)

F. Sign Amortization Exemption Process.

1. Applicability. This subsection F applies to each sign which is required to be removed pursuant to subsection D of this section following the amortization period.

2. Purpose. A sign amortization exemption is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city.

3. Who May Apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection D of this section may apply for a sign amortization exemption.

4. Special Filing Requirement. The applicant must submit a completed application for a sign amortization exemption within 60 days of notification by the city (under subsection (B)(1) of this section) that the sign is nonconforming, or is thereafter barred from making such application. If a completed application is not filed, the sign is illegal and in violation of this code.

5. Applicable Procedure. The city will process an application for a sign amortization exemption through Process II, Bellevue City Code (Land Use Code) Section 20.35.200 et seq.

6. Submittal Requirements.

a. The director shall specify the submittal requirements, including type, detail and number of copies, for a sign amortization exemption application to be deemed complete and accepted for filing.

b. The director may waive specific submittal requirements determined to be unnecessary for review of an application.

7. Decision Criteria. The director may approve or approve with modifications an application for a sign amortization exemption if:

a. The sign is compatible with the architectural design of structures on the subject property; and

b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located; and

c. The sign complies with Bellevue City Code (Land Use Code) Section 20.20.830 (Street intersection sight obstruction); and

d. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible.

8. Effect of Exemption. If the director approves or approves with modification a sign amortization exemption, that sign may remain until removal is required pursuant to subsections (B)(5) or (C) of this section.

9. Assurance Device. The director may require a reasonable performance or maintenance assurance device in conformance with Bellevue City Code (Land Use Code) Section 20.40.490 to assure compliance with the provisions of the sign code and exemption as approved.

10. Fee. The applicant shall pay a fee upon application which is equal to that land use review and processing fee required for a variance to the sign code. (Ord. 5151 § 5, 1999; Ord. 4818 § 20, 1995; Ord. 3763 § 1, 1987; Ord. 3683 § 9, 1986; Ord. 2953 § 13, 1981; Ord. 2568 § 2, 1978; Ord. 2045 § 5, 1974; 1961 code § 17.01.150.)

22B.10.210 Conflicting provisions.

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. (1961 code § 17.01.170(A).)

22B.10.220 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, and to this end the provisions of this chapter are declared to be severable. (Ord. 3589 § 2, 1986.)

Chapter 22.16
TRANSPORTATION IMPROVEMENT PROGRAM Amended Ord. 5871

Sections:

22.16.010 Authority and purpose.

22.16.020 Definitions.

22.16.030 Repealed.

22.16.040 Designation of long-term transportation plan.

22.16.050 Transportation improvements.

22.16.060 Repealed.

22.16.070 Imposition of transportation impact fees.

22.16.080 Calculating transportation impact fees.

22.16.090 Determination, collection and administration of fees.

22.16.095 Appeal of fees.

22.16.100 Refund of fees.

22.16.110 Amendments.

22.16.010 Authority and purpose.

A. This Chapter 22.16 BCC is enacted pursuant to Chapter 82.02 RCW. It is the purpose of this chapter to:

1. Adopt a program for the purpose of jointly funding, from public and private sources, system improvements necessitated in whole or in part by development and growth within the service area.

2. Provide a fair and predictable method for allocating the cost of reasonable and necessary transportation improvements between the public and private sectors.

3. Create a mechanism to charge and collect transportation impact fees from new development.

4. Provide a portion of the funding for reasonable and necessary system improvements to mitigate the cumulative impacts of growth and development in the service area.

5. Create a system for the collection and administration of transportation impact fees.

B. This Chapter 22.16 BCC supplements existing authority of the city to regulate development. This chapter does not supplant the requirements of environmental review and mitigation under the State Environmental Policy Act (“SEPA”) and Chapter 22.02 BCC. Any transportation impact fees paid in accordance with the program established by this chapter shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development. This program may serve as one method by which the developer may meet, in part or in whole, its obligations under SEPA; provided, that a developer required to pay a fee as mitigation under SEPA and Chapter 22.02 BCC for system improvements shall not be required to pay an impact fee under this chapter for those same system improvements. (Ord. 4824 § 1, 1995; Ord. 4104 § 1, 1989.)

22.16.020 Definitions.

A. “Affordable housing” means that housing which is affordable to families with an income up to 80 percent of the area median income, adjusted for family size, as defined by the Department of Housing and Urban Development for the Seattle Metropolitan Statistical Area. In addition, “affordable housing” shall mean those categories of affordable housing for certain projects in the downtown area which Bellevue City Code (Land Use Code) 20.20.128(B)(9) defines as affordable for households whose incomes do not exceed 105 percent, 100 percent, 90 percent, or 80 percent of the area median income.

B. “Developer” means an individual, group of individuals, partnership, corporation, association, municipal corporation, state agency, or other person undertaking development and their successors and assigns.

C. “Development” means any construction or expansion of a building, structure, or use for which a permit, approval, or other authorization is required that creates additional demand and need for public facilities; provided, that such development generates at least one new p.m. peak hour trip, when the permit, approval, or other authorization for the development is processed pursuant to Bellevue City Code (Land Use Code) Process I (20.35.100 et seq.); Bellevue City Code (Land Use Code) Process II (20.35.200 et seq.); or Bellevue City Code (Construction Code) Chapter 23.10. In the case of tenant improvement permits, “Development” means any proposed new use or expanded existing use for which SEPA review is required; the threshold for imposing the impact fee for a tenant improvement is 11:00 p.m. peak hour trips.

D. “Fair market value” means the price in terms of money that a property will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller each prudently knowledgeable, and assuming the price is not affected by undue stimulus, measured at the time of the dedication to local government of land or improved transportation facilities.

E. “Gross floor area” means the sum in square feet of the area at each floor level of a building that is included within the principal outside faces of exterior walls. The gross floor area of any parking garages within the building shall not be included.

F. “Impact fee area” means one or more geographic areas within the service area, as shown on the map adopted by Section 16 of Ordinance 4824, and as such map may be amended.

G. “Impact fee project list” means those transportation improvement projects in the transportation facilities plan which are funded in part by transportation impact fees, as adopted by Section 15 of Ordinance 4824 and given Clerk’s Receiving No. 22455, and as such list may be amended.

H. “Impact fee schedule” means a schedule of impact fee rates per development unit (e.g., square footage) for specific land uses within each impact fee area, as adopted by Section 16 of Ordinance 4824 and given Clerk’s Receiving No. 22456, and as such schedule may be amended.

I. “Level of service” means a measure of traffic congestion along a roadway or at an intersection identified by a letter from A to F as defined by the Institute of Transportation Engineers.

J. “P.M. peak hour” means the 60-minute period between 3:00 p.m. to 7:00 p.m. which experiences the highest volume of traffic on a roadway or passing through a roadway intersection.

K. “P.M. peak hour trips” means the total vehicular trips entering and leaving a development during the p.m. peak hour on the adjacent roadway.

L. “P.M. peak hour trip generation rate” means the trip generation rate per unit of development, as specified in the city of Bellevue’s most recent transportation impact fee program technical report. A unit of development is the element used to describe the size of the development, e.g., gross floor area in square feet for an office building, students for a school. Other trip generation definition sources may be used where the proposal has special trip-generating characteristics, subject to approval of the transportation department.

M. “Project improvements” mean site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in the capital facilities plan shall be considered a project improvement.

N. “Proportionate share” means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.

O. “Reasonably related to the proposed development” means those quantifiable transportation impacts that are caused by vehicles whose trip origin or destination is the proposed development.

P. “Service or plan area” means the geographic area which is benefited by the transportation improvements proposed to be constructed with transportation impact fees collected under this Chapter 22.16 BCC and within which transportation impact fees will be imposed. The boundaries of the service area shall be the same as the legal boundaries of the city of Bellevue and shall include all unincorporated areas annexed to the city on and after the effective date of the ordinance codified in this chapter. Pursuant to the adoption of interlocal agreements with other local and regional governments, including any transportation benefit district created pursuant to Chapter 36.73 RCW, the geographic boundaries of the service area may be expanded consistent with the provisions of such interlocal agreements.

Q. “System improvements” mean public facilities that are included in the capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements.

R. “Transportation facilities plan” means the 12-year program adopted by the city council by resolution for jointly funding, from public and private sources, transportation improvements necessitated in whole or in part by development within the service area. The transportation facilities plan is based on the transportation facility plans adopted in the city’s GMA comprehensive plan codified at 21.M.610 et seq.

S. “Transportation impact fee” means a payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably benefit the new development. “Impact fee” does not include a reasonable permit or application fee.

T. “Transportation improvement” means any and all capital improvements to the transportation infrastructure of the city constructed pursuant to city design and development standards and requirements, including without limitation roads, bridges, overpasses, sidewalks, curbs, turn lanes, traffic signals, traffic signs, HOV lanes, bus shelters, and associated landscaping.

U. “Transportation management program” means a program(s) designed to increase the efficiency of existing capital transportation facilities including, without limitation, transit, ridesharing, flexible working hours, and other measures to decrease single occupancy vehicle trips. (Ord. 4824 § 2, 1995; Ord. 4104 § 2, 1989.)

22.16.030 Description of plan area.

Repealed by Ord. 4824. (Ord. 4104 § 3, 1989.)

22.16.040 Designation of long-term transportation plan.

The city designates the transportation facilities plan adopted by Resolution No. 5802 and any subsequent updates thereto as the city’s comprehensive long-term transportation plan for the purpose of identifying the proposed transportation improvements reasonable and necessary to meet the future development needs of the service area consistent with the city’s level of service policy. The transportation facilities plan is based on the transportation facility plans adopted in the city’s GMA comprehensive plan codified at 21.M.610 et seq. (Ord. 4824 § 3, 1995; Ord. 4104 § 4, 1989.)

22.16.050 Transportation improvements.

A. The transportation facilities plan is a 12-year list of transportation improvements in the service area. These transportation improvements include design, acquisition of right-of-way, and construction. Every two years, the transportation commission shall present an update of the transportation facilities plan to the city council for approval and adoption.

B. The impact fee project list consists of the transportation improvements in the transportation facilities plan needed to provide capacity on city of Bellevue roadways, where the capacity needs are created in part or in whole by new development. The impact fee project list is adopted by the city council.

C. Within six months following the adoption of an updated transportation facilities plan, the transportation commission shall present to city council for approval and adoption an updated impact fee project list. This list shall include the costs of design, acquisition of right-of-way, and construction. (Ord. 4824 § 4, 1995; Ord. 4104 § 5, 1989.)

22.16.060 Adoption of capital funding program.

Repealed by Ord. 4824. (Ord. 4104 § 6, 1989.)

22.16.070 Imposition of transportation impact fees.

A. Any development in the service area, except a development or portion thereof specifically exempt pursuant to subsection B of this section, which is approved, permitted, or otherwise authorized after the effective date of Ordinance No. 4104, shall be required to pay a transportation impact fee to the extent and in the amount provided herein.

B. The following types of development or portion thereof are exempt from the requirement to pay a transportation impact fee as otherwise required by this Chapter 22.16 BCC:

1. Any development or portion thereof used exclusively for “child care services” as defined in Bellevue City Code (Land Use Code) Section 20.50.014; provided, that no such exemption shall be provided unless the developer has first signed a concomitant agreement satisfactory to the city which provides assurance that such “child care services” use shall continue for at least that term specified in such concomitant agreement;

2. Any development or portion thereof used exclusively for “affordable housing”; provided, that no such exemption shall be provided unless the developer has first signed a concomitant agreement satisfactory to the city which provides assurance that such “affordable housing” will continue to be made available for as long as the structure exists;

3. Public transportation facilities;

4. Public parks and recreational facilities;

5. Privately operated not-for-profit social service facilities recognized by the Internal Revenue Service under Internal Revenue Code Section 501(c)(3);

6. Public libraries;

7. Publicly funded educational institutions;

8. Hospitals, as defined in Bellevue City Code (Land Use Code) 20.50.024, if not operated for profit.

Impact fees for these exemptions shall be paid from public funds other than the impact fee fund. (Ord. 4824 § 5, 1995; Ord. 4104 § 7, 1989.)

22.16.080 Calculating transportation impact fees.

A. Within six months following the adoption of an updated transportation facilities plan, and subsequent adoption of an updated impact fee project list, the transportation commission shall develop a new transportation impact fee schedule using the following methodology and shall present such schedule to the city council for consideration for approval and adoption:

1. For the transportation improvements listed in the impact fee project list, calculate the percentage of total future p.m. peak hour traffic attributable to development within the service area (“development percentage”). Multiply the development percentage by the total estimated cost of such transportation improvements to obtain the funding amount needed from development within the service area.

2. Specify one or more geographic areas within the service plan area as “impact fee areas.”

3. For the transportation improvements listed in the impact fee project list, calculate the percentage of projected p.m. peak hour traffic attributable to development originating from or destined to each impact fee area. Using the resulting percentage, allocate a proportionate share of the transportation cost attributable to development to each impact fee area. Within an impact fee area, sum these proportionate shares of transportation improvements. This sum constitutes the “area development cost.”

4. Divide the “area development cost” by the total number of p.m. peak hour vehicle trips generated by development in the impact fee area to obtain an “average impact fee per trip.”

5. Adjust the “average impact fee per trip” for specific land use types to account for:

a. Pass-by trips, as defined in the ITE Trip Generation Manual, current edition; and

b. Average trip length; and

c. Expected levels of ridesharing and transit usage.

6. Produce a schedule of impact fee rates per development unit (e.g., square footage, housing units) for specific land use types within each impact fee area.

B. The transportation department shall calculate the amount of the applicable transportation impact fee for each development by:

1. Determining the applicable impact fee area for the development;

2. Verifying the development land use type and units of development;

3. Determining the applicable per unit transportation impact fee from the impact fee schedule;

4. Multiplying the applicable per unit transportation impact fee by the development unit to obtain the “base transportation impact fee” for such development.

C. If the development does not fit into any of the categories specified in the transportation impact fee schedule, the department shall use the impact fee applicable to the most directly comparable type of land use specified in the fee schedule. If the development includes mixed uses, the fee shall be determined by apportioning the space committed to uses specified in the fee schedule. The transportation department shall be authorized to adjust the impact fees for any mixed development based on analysis of specific trip generating characteristics of the development.

D. Once the calculation of the “base transportation impact fee” has been made, any credit owing to the development for the fair market value of any dedication of land for, improvements to, or new construction of any system improvements provided by the developer, to facilities that are identified in the impact fee project list and that are required as a condition of approving the development activity shall be provided. The director of the transportation department shall initially determine, subject to final approval by the city council, whether the city will accept such dedication, improvements or construction. If the value of any such dedication, improvements or construction exceeds the amount of the transportation impact fee obligation, the developer shall be entitled to reimbursement from transportation impact fees that are paid by subsequent developers within the service area. To ensure that reimbursements are paid only from impact fees and not from general city funds, the reimbursement amount may not exceed the growth percentage of the impact fee project multiplied by the value of the dedication, improvement or construction. The growth percentage of a project is identified in the impact fee project list. The director of the transportation department is directed to establish rules and regulations to administer the provisions of this section.

E. Payment of the transportation impact fee entitles the developer and its successors or assigns to a credit in the amount of the impact fee against any other fee or assessment made specifically for the designated system improvements covered by the transportation impact fee imposed under this Chapter 22.16 BCC.

F. A developer shall be given a credit against a transportation impact fee in the amount of transportation impact mitigation fees already paid or improvements already constructed where a prior recorded concomitant agreement provided for the payment for or the construction of any transportation improvement or portion thereof included in the impact fee project list. This provision applies only where the property subject to the concomitant agreement is the property on which the development is proposed to be located.

G. The transportation impact fee schedule authorized pursuant to this Chapter 22.16 BCC may be revised if review shows that the estimated cost of carrying out the applicable transportation improvements to be funded under the impact fee project list has changed at the time of the review of the list. This provision shall apply prospectively only. No transportation impact fee for a specific development shall be increased or decreased once said fee has been paid.

H. No transportation impact fee shall be collected if the transportation improvements are incapable of being reasonably accomplished because of lack of public funds. No impact fee shall be imposed by the city on a development when mitigation for the same transportation impact of the development is being required by any other governmental agency pursuant to any other local, state, or federal law.

I. The transportation department may consider unusual circumstances for specific developments and may adjust the standard impact fee for specific developments in order to ensure that impact fees are imposed fairly. The department shall set forth its reasons for adjusting the impact fee in written findings. (Ord. 4824 § 6, 1995; Ord. 4104 § 8, 1989.)

22.16.090 Determination, collection and administration of fees.*

A. The transportation department shall determine the amount of the transportation impact fee required for any development pursuant to the transportation impact fee schedule.

B. No building permit, or conditional use permit where applicable, for any development requiring payment of a transportation impact fee pursuant to this Chapter 22.16 BCC shall be issued until the transportation impact fee has been paid in full.

C. There is hereby created and established a special purpose, nonoperating transportation impact fee fund (“the impact fee fund”). All transportation impact fees, and investment income received pursuant to this Chapter 22.16 BCC shall be deposited into the impact fee fund. Procedures for administration of the fund shall be established by the director of the finance department. The impact fee fund is not intended as a fund from which direct transportation capital expenditures will be made. This fund is intended to serve as an accounting device to receive revenues generated as described herein for automatic transfer to other fund(s) where expenditure purposes associated with these revenues have been budgeted. In consideration of this, appropriations in this fund may be administratively adjusted periodically; that is, without additional ordinance requirements, in order to equal revenue expectations. Appropriation changes by ordinance will continue to be provided for the funds in which expenditures will actually occur.

D. The transportation department shall pool impact fees whenever necessary to ensure that the fees are expended or encumbered for a permissible use within six years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than six years. The city council shall adopt written findings setting forth its reasons for holding any fees longer than six years. Pooling for such purpose shall be accomplished by determining which project has the highest priority among the projects for which impact fees were collected, and the fees shall be transferred to the budget of that project. Any interest earned on impact fee installment payments, or on invested monies in the impact fee fund may be pooled and expended on any one or more of the transportation improvements for which impact fees have been collected.

E. Fees may be collected for system improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements; provided such fee shall not be imposed to make up for any system improvement deficiencies. (Ord. 4824 § 7, 1995; Ord. 4104 § 9, 1989.)

*Ord. 4907 § 4 provides:

[The Impact Fee Fund] shall be consolidated into the “General Capital Investment Program Fund” and thereby closed. All assets and operations of such funds shall be transferred to the “General Capital Investment Program Fund” which shall carry out the purposes and functions for which such consolidated funds were originally created.

22.16.095 Appeal of fees.

The developer may appeal the determination of the amount of the transportation impact fee, including whether or to what extent an exemption applies or a credit should be provided. The developer must file an appeal with the city clerk within 14 days of the date that notice is given to the developer of the fee. The appeal shall be processed pursuant to the Process II appeal procedures of the LUC 20.35.250. Pending determination on any appeal, a building permit may only be issued if the developer first pays under protest the full amount of the fee, as determined by the department. (Ord. 4978 § 33, 1997; Ord. 4824 § 8, 1995.)

22.16.100 Refund of fees.

A. If a building permit or other approval expires or if the application is withdrawn or canceled and no construction has commenced, the current property owner shall be entitled to a refund of any transportation impact fee paid plus interest earned less a reasonable administrative charge for the processing of said fee. Any fee erroneously paid or collected shall be refunded in full, with interest earned.

B. All transportation impact fees not expended or encumbered within six years of collection shall be refunded in full to the property owner currently of record, with interest earned unless the city council has made written findings extending the six-year period. (Ord. 4824 § 9, 1995; Ord. 4104 § 10, 1989.)

22.16.110 Amendments.

This Chapter 22.16 BCC, and the impact fee project list may be amended at any time or from time to time to coordinate the impact fee project list with applicable local or regional transportation plans relating to the service area or the region and to otherwise revise the impact fee project list in such manner as the city shall deem necessary and advisable. (Ord. 4824 § 10, 1995; Ord. 4104 § 11, 1989.)

Chapter 22.18
SCHOOL IMPACT FEES FOR ISSAQUAH SCHOOL DISTRICT NO. 411Amended Ord. 5852

Sections:

22.18.010 Findings and authority.

22.18.020 Definitions.

22.18.030 Impact fee program elements.

22.18.040 Fee calculations.

22.18.050 Assessment of impact fees.

22.18.060 Exemptions and credits.

22.18.070 Appeals and independent calculations.

22.18.080 Impact fee account, uses of impact fees, and refunds.

22.18.090 Formula for determining school impact fees.

22.18.100 School impact fee schedule.Amended

22.18.110 Review.

22.18.010 Findings and authority.

The city council of the city of Bellevue (the “council”) hereby finds and determines that new growth and development in the city of Bellevue will create additional demand and need for school facilities in the Issaquah school district, and the council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development.

Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess school impact fees for the Issaquah school district. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the school impact fee program. (Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.020 Definitions.

The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.

A. “Capital facilities plan” means the district’s capital facilities plan adopted by the school board consisting of:

1. A forecast of future needs for school facilities based on the district’s enrollment projections;

2. The long-range construction and capital improvements projects of the district;

3. The schools under construction or expansion;

4. The proposed locations and capacities of expanded or new school facilities;

5. At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; and

6. Any other long-range projects planned by the district.

B. “City” means the city of Bellevue, King County, Washington.

C. “Classrooms” means educational facilities of the district required to house students for its basic educational program. The classrooms are those facilities the district determines are necessary to best serve its student population. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms.

D. “Construction cost per student” means the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs.

E. “Design standard” means the space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the district as identified in the district’s capital facilities plan.

F. “Developer” means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed.

G. “Development activity” means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities.

H. “District” means the Issaquah School District No. 411, King County, Washington.

I. “Elderly” means a person aged 62 or older.

J. “Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.

K. “Fee schedule” means the schedule set forth as BCC 22.18.100 indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the city.

L. “Grade span” means the categories into which a district groups its grade of students, i.e., elementary school, middle or junior high school, and high school.

M. “Interlocal agreement” means the interlocal agreement by and between the city of Bellevue and the Issaquah school district as authorized by Resolution No. 5888.

N. “Permanent facilities” means the facilities of the district with a fixed foundation which are not relocatable facilities.

O. “Relocatable facility” means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within the district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities.

P. “Relocatable facilities cost per student” means the estimated cost of purchasing and siting a relocatable facility in the district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs.

Q. “Site cost per student” means the estimated cost of a site in the district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs.

R. “Standard of service” means the standard adopted by the district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the district. The district’s standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, “transitional facilities” shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided, that the district has the necessary financial commitments in place to complete the permanent facilities called for in the capital facilities plan.

S. “Student factor” means the number derived by the district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student generation rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; provided, that if such information is not available in the district, data from adjacent districts, districts with similar demographics, or countywide averages may be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. (Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.030 Impact fee program elements.

A. Impact fees will be assessed on all residential development activity in that portion of the city located within the district’s boundaries based on the provisions of BCC 22.18.050.

B. The impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development.

C. The impact fee shall be based on a capital facilities plan developed by the district and approved by the school board, and adopted by reference by the city as part of the capital facilities element of the city’s comprehensive plan. (Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.040 Fee calculations.

A. The impact fees for the district shall be calculated based on the formula set forth in BCC 22.18.090.

B. Separate fees shall be calculated for single-family and multifamily dwelling units, and separate student generation rates must be determined by the district for each type of dwelling unit. For purposes of this chapter, mobile homes shall be treated as single-family dwelling units and duplexes shall be treated as multifamily dwelling units.

C. The fee calculations shall be made on a districtwide basis to assure maximum utilization of all school facilities in the district currently used for instructional purposes.

D. The formula in BCC 22.18.090 provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issue in the district.

E. The formula also provides for a credit for school sites or facilities actually provided by a developer which the district finds to be acceptable as provided for in BCC 22.18.060. (Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.050 Assessment of impact fees.

A. The city shall collect school impact fees, based on the fee schedule in BCC 22.18.100, from any applicant seeking development approval from the city for dwelling units located within the district’s boundaries where such development activity requires final plat or PUD approval or the issuance of a residential building permit or a mobile home permit.

B. For a plat or PUD applied for on or after the effective date of the ordinance codified in this chapter, 50 percent of the impact fees due on the plat or the PUD shall be assessed and collected from the applicant at the time of final approval, using the fee schedule in effect when the plat or PUD is approved. The balance of the assessed fee shall be allocated to the dwelling units in the project, and shall be collected when the building permit for each dwelling unit is issued. Residential developments proposed for short plats shall not be governed by this subsection, but shall be governed by subsection D below.

C. If on the effective date of the ordinance codified in this chapter a plat or PUD has already received preliminary approval, such plat or PUD shall not be required to pay 50 percent of the impact fees at the time of final approval, but the impact fees shall be assessed and collected from the lot owner at the time the building permits are issued, using the fee schedule then in effect. If on the effective date of the ordinance codified in this chapter an applicant has applied for preliminary plat or PUD approval, but has not yet received such approval, the applicant shall follow the procedures set forth in subsection B above.

D. For existing lots or lots not covered by subsection B above, applications for single-family and multifamily residential building permits, mobile home permits, and site plan approval for mobile home parks proposed, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or mobile home permit or site plan approval was submitted, no approval shall be granted and no permit shall be issued until the required school impact fees set forth in the fee schedule have been paid.

E. The city shall not grant final plat or PUD approval nor issue the required building permit or mobile home permit nor grant the required site plan approval for a mobile home park for projects located within the district’s boundaries unless and until the impact fees set forth in the fee schedule have been paid. (Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.060 Exemptions and credits.

A. The following shall be exempt from the application of impact fees:

1. Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or

2. The replacement of a structure with a new structure of the same size and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure; or

3. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; or

4. Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act; or

5. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a preliminary plat or PUD approval prior to the effective date of the ordinance codified in this chapter, unless the terms of the plat or PUD approval provide otherwise; or

6. Any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilities pursuant to a voluntary agreement entered into with the district prior to the effective date of the ordinance codified in this chapter, unless the terms of this agreement provide otherwise; or

7. Any development activity that complies with the definition of “affordable housing” set forth in BCC 20.50.010 and the requirements set forth in BCC 20.20.128 mandating the provision of affordable housing and the recording of a covenant running with the land so that the units remain as affordable housing for the life of the project. The school impact fees for these units shall be considered paid by the district through its other funding sources, without the district actually transferring funds from its other funding sources into the impact fee account.

B. Arrangements may be made for later payment with the approval of the district only if the district determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district in its sole reasonable discretion, is provided to assure payment. Security shall be made to and held by the district, which will be responsible for tracking and documenting the security interest.

C. After the effective date of the ordinance codified in this chapter and if the development activity is not exempt from impact fees pursuant to subsection A above, the developer shall receive a credit for any payment made for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit.

D. After the effective date of the ordinance codified in this chapter, the developer can request that a credit or credits be awarded for the value of dedicated land, improvements, or construction provided by the developer. The district shall first determine the general suitability of the land, improvements, and/or construction for district purposes. Second, the district shall determine whether the land, improvements, and/or the facility constructed are included within the district’s adopted capital facilities plan or the board of directors for the district may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the capital facilities plan of the district. The district shall forward its determination to the city, including cases where the district determines that the dedicated land, improvements, and/or construction are not suitable for district purposes.

E. For each request for a credit or credits, if appropriate, the district shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine for the district the value of the dedicated land, improvements, or construction provided by the developer on a case-by-case basis. The developer shall pay for the cost of the appraisal.

F. After receiving the appraisal, the district shall provide the developer with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the district before the city will award the impact fee credit. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit.

G. Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. (Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.070 Appeals and independent calculations.

A. The city may adjust the amount of the school impact fee assessed if one of the following circumstances exist; provided, that the developer can demonstrate to the city’s satisfaction that the discount set forth in the fee formula (F=UN/2) fails to adjust for the error in the calculation or fails to ameliorate for the unfairness of the fee:

1. The developer demonstrates to the city’s satisfaction that an impact fee assessment was incorrectly calculated; or

2. Unusual and unique circumstances identified by the developer demonstrates that if the standard impact fee amount were applied to the development, it would be unfair, unjust or unlawful.

B. Requests for fee adjustments, and the administrative appeals process for the appeal of an impact fee, shall follow the process for the appeal of the underlying development application. In cases where no administrative appeal is provided for the underlying action, the appeal shall be processed pursuant to the Process II appeal procedures (LUC 20.35.250), except that the appeal must be received by the city clerk no later than 5:00 p.m. on the 14th day following the date of issuance of the underlying development application, if publication of the decision is not required.

C. A developer may provide studies and data to demonstrate that any particular factor used by the district may not be appropriately applied to the development proposal, but the district’s data shall be presumed valid unless clearly demonstrated to be otherwise by the developer. The developer shall pay for the cost of the studies and data, and must demonstrate to the city’s satisfaction that the discount set forth in the fee formula (F=UN/2) fails to adjust for the error in the factor or in the fee calculation.

D. Any appeal of the decision of the hearing examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process. Any errors in the formula identified as a result of an appeal should be referred to the council for possible modification.

E. Impact fees may be paid under protest, but if the fee is protested, the city shall make construction or development pursuant to the issuance of any approval or permit so obtained conditional upon final resolution of the protest. (Ord. 4978 § 34, 1997; Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.080 Impact fee account, uses of impact fees, and refunds.

A. Impact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by the district solely for the district’s school impact fees as provided for in BCC 22.18.090. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection B. Annually the city, based on the report submitted by the district pursuant to BCC 22.18.090, shall prepare a report on school impact fees showing the source and amount of all moneys collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees.

B. Impact fees for the district’s system improvements shall be expended by the district for capital improvements, including but not limited to school planning, land acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, relocatable facilities, capital equipment pertaining to educational facilities, and any other expenses which could be capitalized, and which are consistent with the district’s capital facilities plan.

C. In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section.

D. School impact fees shall be expended or encumbered within six years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the district to hold the f1ees beyond the six-year period. The district may petition the council for an extension of the six-year period and the district shall set forth any such extraordinary or compelling reason or reasons in its petition. Where the council identifies the reason or reasons in written findings, the council shall establish the period of time within which the impact fees shall be expended or encumbered, after consultation with the district.

E. The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six years of

receipt of the funds by the city, except as provided for in subsection D. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first-in, first-out basis. The city shall notify potential claimants by first-class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the city’s tax records.

F. An owner’s request for a refund must be submitted to the council in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any impact fees that are not expended or encumbered within the limitations in subsection D, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section. Refunds of impact fees shall include any interest earned on the impact fees.

G. Should the city seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the city’s tax records. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the district, consistent with the provisions of this section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

H. A developer may request and shall receive a refund, including interest earned on the impact fees, when:

1. The developer does not proceed to finalize the development activity as required by statute or city code or the Uniform Building Code; and

2. No impact on the district has resulted. “Impact” shall be deemed to include cases where the district has expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the district has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the city and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The city shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in BCC 22.18.070.

I. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the city or the district on invested funds throughout the period during which the fees were retained.

J. Notwithstanding any other provision to the contrary in this code, the city, with the approval of any affected school district, may determine to refund school impact fees in circumstances where a valid issue exists concerning the legality of the imposition and collection of such fees. Refunds shall be made to the current owner of the property upon which the impact fees were imposed. (Ord. 4830 § 1, 1995; Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.090 Formula for determining school impact fees.

The following formula shall be used to determine school impact fees:

IF:

A = Student factor for dwelling unit type and grade span ¥ site cost per student for sites for facilities in that grade span = full cost fee for site acquisition cost

B = Student factor for dwelling unit type and grade span ¥ school construction cost per student for facilities in that grade span ¥ ratio of district’s square footage of permanent facilities to total square footage of facilities = full cost fee for school construction

C = Student factor for dwelling unit type and grade span ¥ relocatable facilities cost per student for facilities in that grade span ¥ ratio of district’s square footage of relocatable facilities to total square footage of facilities = full cost fee for relocatable facilities

D = Student factor for dwelling unit type and grade span “Boeckh Index” ¥ SPI square feet per student factor ¥ state match % = state match credit, and

A1, B1, C1, D1 = A, B, C, D for elementary grade spans

A2, B2, C2, D2 = A, B, C, D for middle/junior high grade spans

A3, B3, C3, D3 = A, B, C, D for high school grade spans

TC = Tax payment credit = the net present value of the average assessed value in the district for unit type ¥ current school district capital property tax levy rate, using a 10-year discount period and current interest rate (based on the bond buyer twenty bond general obligation bond index).

FC = Facilities credit = The per-dwelling-unit value of any site or facilities provided directly by the development

THEN the unfunded

need = UN=A1 + ... + C - (D1-D2-D3) - TC

AND the developer fee

obligation = F=UN/2

AND the net fee

obligation = NF = F-FC

Notes:

1. Student factors are to be provided by the district based on district records of average actual student generation rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; if such information is not available in the district, data from adjacent districts, districts with similar demographics, or countywide averages must be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans.

2. The “Boeckh Index” is a construction trade index of construction costs for various kinds of buildings; it is adjusted annually.

3. The district is to provide its own site and facilities standards and projected costs to be used in the formula, consistent with the requirements of this chapter.

4. The formula can be applied by using the following table:

TABLE FOR CALCULATING SCHOOL IMPACT FEE OBLIGATIONS FOR
RESIDENTIAL DWELLING UNITS

(To be separately calculated for single-family
and multifamily units)

A1 = Elementary school site cost per

student ¥ the student factor = ________

A2 = Middle/junior high school site

cost per student ¥ student factor = ________

A3 = High school site cost per

student ¥ student factor = ________

A = A1+A2+A3 = ________

B1 = Elementary school construction

cost per student ¥ the student

factor = ________

B2 = Middle/junior high school

construction cost per student

¥ the student factor = ________

B3 = High school construction cost

per student ¥ the student factor = ________

B = (B1+B2+B3) ¥

Square footage of permanent facilities

total square footage of facilities = ________

C1 = Elementary school relocatable

facility cost per student ¥ student

factor = ________

C2 = Middle/junior high school

relocatable facility cost per

student ¥ student factor = ________

C3 = High school relocatable facility

cost per student ¥ student factor = ________

C = (C1+C2+C3) ¥

Square footage of permanent facilities

total square footage of facilities = ________

D1 = Boeckh Index ¥ SPI square

footage per student for elementary

school ¥ state match % ¥ student

factor = ________

D2 = Boeckh Index ¥ SPI square

footage per student for middle/

junior high school ¥ state

match % ¥ student factor = ________

D3 = Boeckh Index ¥ SPI square

footage per student for high

school ¥ state match %

¥ student factor = ________

D = D1+D2+D3 = ________

TC =

((1+i)10)-1 ¥ average assessed

i(1+i)10 value for the dwelling

unit type in the school

district = ________

¥ current school district capital property tax levy rate where i = the current interest rate as stated in the bond buyer twenty bond general obligation bond index

FC= Value of site or facilities

provided directly by the development

number of dwelling units

in development

Total unfunded need = A+B+C-D-TC =

____________ A

+ ____________ B

+ ____________ C

- ____________ D

- ___________ TC

Total unfunded need UN =

____________________

divided by 2 = ____________________

= DEVELOPER FEE

OBLIGATION

____________________

LESS FC (if applicable)

____________________

NET FEE OBLIGATION

(Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.100 School impact fee schedule.Amended Ord. 5852

School impact fees are established as follows:

A. Impact fees per single-family dwelling unit: $6,021.

B. Impact fees per multifamily dwelling unit: $948.00. (Ord. 5789 § 1, 2007; Ord. 5701 § 1, 2006; Ord. 5645 § 1, 2005; Ord. 5581 § 1, 2004; Ord. 5505 § 1, 2003; Ord. 5419 § 1, 2002; Ord. 5342 § 1, 2001; Ord. 5278 § 1, 2001; Ord. 5253 § 2, 2000; Ord. 5177 § 1, 1999; Ord. 4956 § 1, 1996; Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

22.18.110 Review.

The fee schedule set forth herein shall be reviewed and updated by the council on an annual basis after the council receives the district’s plan and data. The review may occur in conjunction with the annual update of the capital facilities plan element of the city’s comprehensive plan. (Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)

Title 22DEVELOPMENT CODEAmended Ord. 5852 Ord. 5865 Ord. 5871 Ord. 5877 Ord. 5882

Chapter 22.02BELLEVUE ENVIRONMENTAL PROCEDURES CODE Amended Ord. 5865 Ord. 5882

22.02.005 Policy.

22.02.010 Purpose.

22.02.015 Scope and coverage of this code.

22.02.020 Adoption by reference.

22.02.025 Additional definitions.

22.02.030 Environmental coordinator – Duties. Amended Ord. 5865

22.02.031 Timing of the environmental review process.

22.02.032 Determination of categorical exemption. Amended Ord. 5865

22.02.033 Environmental checklist. Amended Ord. 5865

22.02.034 Threshold determination. Amended Ord. 5882

22.02.035 Mitigated DNS.

22.02.036 Environmental impact statements.

22.02.037 When environmental review has previously been completed.

22.02.038 When a previously prepared EIS is adopted to meet the EIS requirement for a different proposal.

22.02.039 Internal circulation of environmental documents.

22.02.040 Public hearings under WAC 197-11-535(2).

22.02.045 Critical areas. Amended Ord. 5865

22.02.050 Emergency actions.

22.02.065 Public notice of environmental review, determinations and availability of environmental documents.

22.02.075 Notice – Statute of limitations.

22.02.080 Appeal of threshold determination.

22.02.140 Authority to condition or deny proposals. Amended Ord. 5865

22.02.150 Administrative appeal of decision approving a proposal, with or without conditions, or denying a proposal.

22.02.160 Integration with permit and land use decision.

22.02.170 Severability.

Chapter 22B.10SIGN CODE Amended Ord. 5877

22B.10.010 General provisions.

22B.10.020 Definitions. Amended Ord. 5877

22B.10.025 Design review. Amended Ord. 5877

22B.10.030 Business, commercial, manufacturing and medical institution district signs – Zones OLB, OLB-OS, CB, Downtown-O-1, Downtown-O-2, Downtown-MU, Downtown-R, Downtown-OB, Downtown-OLB, GC, LI and MI. Amended Ord. 5877

22B.10.040 Office, research and development, and multifamily residential district signs – Zones PO, O, EH-D, R-10, R-15, R-20, and R-30. Amended Ord. 5877

22B.10.050 Commercial and manufacturing district signs – Zones GC and LI.

22B.10.055 Factoria area – Freestanding and freeway-oriented signs – Multiple tenants – Additional signs. Amended Ord. 5877

22B.10.060 Neighborhood retail business district signs – Zone NB.

22B.10.080 Multi-family residential district signs – Zones R-10, R-15, R-20, R-30 and EH-A.

22B.10.090 Single-family residential district signs – Zones R-7.5, R-5, R-4, R-3.5, R-2.5, R-1.8, and R-1.

22B.10.100 Open use district signs.

22B.10.105 Vendor carts and produce stands.

22B.10.107 LED (light emitting diode) readerboard signs.

22B.10.110 Hospital and ambulatory health care signs.

22B.10.115 Directional signs for major institutions.

22B.10.120 Temporary signs.

22B.10.125 Permanent signs within street rights-of-way.

22B.10.130 Exempt signs or displays.

22B.10.140 Requirements applicable to all signs. Amended Ord. 5877

22B.10.150 Prohibited signs.

22B.10.160 Permits and fees.

22B.10.170 Administration, enforcement and sign removal.

22B.10.180 Variance from sign code.

22B.10.190 Appeals.

22B.10.200 Nonconforming signs.

22B.10.210 Conflicting provisions.

22B.10.220 Severability.

Chapter 22.16TRANSPORTATION IMPROVEMENT PROGRAM Amended Ord. 5871

22.16.010 Authority and purpose.

22.16.020 Definitions.

22.16.030 Description of plan area.

22.16.040 Designation of long-term transportation plan.

22.16.050 Transportation improvements.

22.16.060 Adoption of capital funding program.

22.16.070 Imposition of transportation impact fees.

22.16.080 Calculating transportation impact fees.

22.16.090 Determination, collection and administration of fees.*

22.16.095 Appeal of fees.

22.16.100 Refund of fees.

22.16.110 Amendments.

Chapter 22.18SCHOOL IMPACT FEES FOR ISSAQUAH SCHOOL DISTRICT NO. 411Amended Ord. 5852

22.18.010 Findings and authority.

22.18.020 Definitions.

22.18.030 Impact fee program elements.

22.18.040 Fee calculations.

22.18.050 Assessment of impact fees.

22.18.060 Exemptions and credits.

22.18.070 Appeals and independent calculations.

22.18.080 Impact fee account, uses of impact fees, and refunds.

22.18.090 Formula for determining school impact fees.

22.18.100 School impact fee schedule.Amended Ord. 5852

22.18.110 Review.

Title 22
DEVELOPMENT CODEAmended Ord. 5852 Ord. 5865 Ord. 5871 Ord. 5877 Ord. 5882

Chapter 22.02
BELLEVUE ENVIRONMENTAL PROCEDURES CODE Amended Ord. 5865 Ord. 5882

Chapter 22B.10
SIGN CODE Amended Ord. 5877

Chapter 22.16
TRANSPORTATION IMPROVEMENT PROGRAM Amended Ord. 5871

Chapter 22.18
SCHOOL IMPACT FEES FOR ISSAQUAH SCHOOL DISTRICT NO. 411Amended Ord. 5852