23.76.004

A. Land use decisions are classified into five categories. Procedures for the five different categories are distinguished according to who makes the decision, the type and amount of public notice required, and whether appeal opportunities are provided. Land use decisions are generally categorized by type in Table A for 23.76.004. B. Type I and II decisions are made by the Director and are consolidated in Master Use Permits. Type I decisions are decisions made by the Director that are not appealable to the Hearing Examiner. Type II decisions are discretionary decisions made by the Director that are subject to an administrative open record appeal hearing to the Hearing Examiner; provided that Type II decisions enumerated in subsections 23.76.006.C.2.c, 23.76.006.C.2.d, 23.76.006.C.2.f, and 23.76.006.C.2.g, and SEPA decisions integrated with them as set forth in subsection 23.76.006.C.2.o, shall be made by the Council when associated with a Council land use decision and are not subject to administrative appeal. Type III decisions are made by the Hearing Examiner after conducting an open record hearing and not subject to administrative appeal. Type I, II, or III decisions may be subject to land use interpretation pursuant to Section 23.88.020 . C. Type IV and V decisions are Council land use decisions. Type IV decisions are quasi-judicial decisions made by the Council pursuant to existing legislative standards and based upon the Hearing Examiner's record and recommendation. Type IV decisions may be subject to land use interpretation pursuant to Section 23.88.020 . Type V decisions are legislative decisions made by the Council in its capacity to establish policy and manage public lands. D. For projects requiring both a Master Use Permit and a Council land use decision as described in this Chapter 23.76 , the Council decision must be made prior to issuance of the Master Use Permit. All conditions established by the Council in its decision shall be incorporated in any subsequently issued Master Use Permit for the project. E. Certain land use decisions are subject to additional procedural requirements beyond the standard procedures established in this Chapter 23.76 . These requirements may be prescribed in the regulations for the zone in which the proposal is located, in other provisions of this Title 23 , or in other titles of the Seattle Municipal Code. F. Shoreline appeals and appeals of related SEPA determinations shall be filed with the State Shoreline Hearings Board within 21 days of the receipt of the decision by the Department of Ecology as set forth in RCW 90.58.180. G. An applicant for a permit or permits requiring more than one decision contained in the land use decision framework listed in Section 23.76.004 may either: 1. Use the integrated and consolidated process established in this Chapter 23.76 ; 2. If the applicant includes a variance, lot boundary adjustment, or short subdivision approval and no environmental review is required for the proposed project pursuant to Chapter 25.05 , file a separate Master Use Permit application for the variance, lot boundary adjustment, or short subdivision sought and use the integrated and consolidated process established in this Chapter 23.76 for all other required decisions; or 3. Proceed with separate applications for each permit decision sought. H. If notice is required pursuant to this Chapter 23.76 , except mailed notice as defined in Section 23.84A.025 , it may be provided by electronic means if the recipient provides an e-mail address to the Department. Notice to City agencies may be provided through the City's interoffice mail or by electronic means. Table A for 23.76.004 LAND USE DECISION FRAMEWORK 1 Director's and Hearing Examiner's Decisions Requiring Master Use Permits TYPE I Director's Decision (Administrative review through land use interpretation as allowed by Section 23.88.020 2 ) * Application of development standards for decisions not otherwise designated Type II, III, IV, or V * Uses permitted outright * Temporary uses, four weeks or less, and temporary use for light rail transit facility construction pursuant to subsection 23.42.040.F * Renewals of temporary uses * Intermittent uses * Interim street activation use pursuant to Section 23.42.041 * Uses on vacant or underused lots pursuant to Section 23.42.038 * Transitional encampment interim use * Certain street uses * Lot boundary adjustments * Modifications of features bonused under Title 24 * Determinations of significance (EIS required) except for determinations of significance based solely on historic and cultural preservation * Temporary uses for relocation of police and fire stations * Exemptions from right-of-way improvement requirements * Reasonable accommodation * Minor amendment to a Major Phased Development permit * Determination of whether an amendment to a property use and development agreement is major or minor * Streamlined design review decisions pursuant to Section 23.41.018 ; if no development standard departures are requested, and design review decisions in an MPC zone pursuant to Section 23.41.020 if no development standard departures are requested * Shoreline special use approvals that are not part of a shoreline substantial development permit * Adjustments to major institution boundaries pursuant to subsection 23.69.023.B * Determination that a project is consistent with a planned action ordinance * Decision to approve, condition, or deny, based on SEPA policies, a permit for a project determined to be consistent with a planned action ordinance * Decision to increase the maximum height for residential uses in the DOC2 zone according to subsection 23.49.008.H * Decision to increase the maximum allowable FAR in the DOC2 zone according to subsection 23.49.011.A.2.n * Minor revisions to an issued and unexpired MUP that was subject to design review * Building height increase for minor communication utilities in downtown zones * Light rail transit facilities pursuant to subsection 23.80.004.C * Application of tree provisions pursuant to Chapter 25.11 * Director's acceptance of an eligibility letter for proposals subject to temporary design review exemption provisions, subject to the additional requirement to file a valid and complete Type I or II Master Use Permit application in subsection 23.41.004.E.3 * Director's application of development standards for decisions on Type I or II Master Use Permit applications subject to temporary design review exemption provisions in subsection 23.41.004.E.3 * Waiver or modification of development standards for development proposals subject to temporary design review exemption provisions in subsection 23.41.004.E.3 * Other Type I decisions that are identified as such in the Land Use Code TYPE II Director's Decision (Appealable to Hearing Examiner or Shorelines Hearing Board 3 ) * Temporary uses, more than four weeks, except for temporary relocation of police and fire stations, and except for temporary use for light rail transit facility construction pursuant to subsection 23.42.040.F * Variances * Administrative conditional uses * Shoreline decisions, except shoreline special use approvals that are not part of a shoreline substantial development permit 3 * Short subdivisions * Special exceptions * Design review decisions, except for streamlined design review pursuant to Section 23.41.018 if no development standard departures are requested, and minor revisions to an approved MUP that was subject to design review, building height increases for minor communication utilities in downtown zones, and design review decisions in an MPC zone pursuant to Section 23.41.020 if no development standard departures are requested * The following environmental determinations: 1. Determination of non-significance (EIS not required) 2. Determination of final EIS adequacy 3. Determinations of significance based solely on historic and cultural preservation 4. A decision to condition or deny a permit for a project based on SEPA policies, except for Type I decisions for a temporary use for light rail transit facility construction pursuant to subsection 23.42.040.F, a light rail transit facility pursuant to subsection 23.80.004.C, or a project determined to be consistent with a planned action ordinance * Major Phased Developments * Downtown Planned Community Developments * Determination of public benefit for combined lot development * Major revisions to an issued and unexpired MUP that was subject to design review * Other Type II decisions that are identified as such in the Land Use Code TYPE III Hearing Examiner's Decision (No Administrative Appeal) * Subdivisions (preliminary plats) COUNCIL LAND USE DECISIONS TYPE IV (Quasi-Judicial) * Amendments to the Official Land Use Map (rezones), except area-wide amendments and correction of errors * Public projects that require Council approval * Major Institution master plans, including major amendments, renewal of a master plan's development plan component, and master plans prepared pursuant to subsection 23.69.023.C after an acquisition, merger, or consolidation of major institutions * Major amendments to property use and development agreements * Council conditional uses * Other decisions listed in subsection 23.76.036.A TYPE V (Legislative) * Land Use Code text amendments * Area-wide amendments to the Official Land Use Map * Corrections of errors on the Official Land Use Map due to cartographic and clerical mistakes * Concept approvals for the location or expansion of City facilities requiring Council land use approval * Major Institution designations and revocations of Major Institution designations * Waivers or modifications of development standards for City facilities * Adoption of or amendments to Planned Action Ordinances * Other decisions listed in subsection 23.76.036.C Footnotes for Table A for 23.76.004 1 Sections 23.76.006 and 23.76.036 establish the types of land use decisions in each category. This Table A for 23.76.004 is intended to provide only a general description of land use decision types. 2 Type I decisions may be subject to administrative review through a land use interpretation pursuant to Section 23.88.020 . 3 Shoreline decisions, except shoreline special use approvals that are not part of a shoreline substantial development permit, are appealable to the Shorelines Hearings Board along with all related environmental appeals. (Ord. 127228 , § 22, 2025; Ord. 127198 , § 11, 2025; Ord. 127100 , § 3, 2024; Ord. 126821 , § 5, 2023; Ord. 126685 , § 54, 2022; Ord. 126421 , § 3, 2021; Ord. 126042 , § 4, 2020; Ord. 125603 , § 69, 2018 [cross-reference correction]; Ord. 125558 , § 58, 2018; Ord. 125429 , § 23, 2017; Ord. 125387 , § 1, 2017; Ord. 125374 , § 3, 2017; Ord. 125291 , § 46, 2017; Ord. 125272 , § 61, 2017; Ord. 124747 , § 4, 2015; Ord. 124378 , § 76, 2013; Ord. 123963, § 27, 2012; Ord. 123939, § 17, 2012; Ord. 123913, § 4, 2012; Ord. 123649, § 51, 2011; Ord. 123566, § 5, 2011; Ord. 123565, § 2, 2011; Ord. 123495, § 75, 2011; Ord. 123046, § 56, 2009; Ord. 122816, § 6, 2008; Ord. 122497 , § 4, 2007; Ord. 121828, § 13, 2005; Ord. 121362, § 11, 2003; Ord. 121278, § 7, 2003; Ord. 121277, § 1, 2003; Ord. 119974, § 1, 2000; Ord. 119618, § 7, 1999; Ord. 119096, § 4, 1998; Ord. 118672, § 23, 1997; Ord. 118012, § 23, 1996; Ord. 117598, § 3, 1995; Ord. 117263 , § 53, 1994; Ord. 117202 , § 11, 1994; Ord. 116909 , § 5, 1993; Ord. 113079 § 3, 1986; Ord. 112840, § 2, 1986; Ord. 112522, § 2, 1985.)