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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

“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 department of community development 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. 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.

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 (Title 20 BCC).

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 department of planning and community development 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. 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

Title 22DEVELOPMENT CODE

Chapter 22.02BELLEVUE ENVIRONMENTAL PROCEDURES CODE

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.

22.02.031 Timing of the environmental review process.

22.02.032 Determination of categorical exemption.

22.02.033 Environmental checklist.

22.02.034 Threshold determination.

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.

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.

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

22B.10.010 General provisions.

22B.10.020 Definitions.

22B.10.025 Design review.

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.

Title 22
DEVELOPMENT CODE

Chapter 22.02
BELLEVUE ENVIRONMENTAL PROCEDURES CODE

Chapter 22B.10
SIGN CODE