A. Certificate of approval required. No person shall alter, demolish, construct, reconstruct, restore, remodel, make any visible change to the exterior appearance of any structure, or to the public rights-of-way or other public spaces in a special review district, and no one shall remove or substantially alter any existing sign or erect or place any new sign or change the principal use of any building, or any portion of a building, structure or lot in a special review district, and no permit for such activity shall be issued unless a certificate of approval has been issued by the Department of Neighborhoods Director. B. Fees. The fees for certificates of approval shall be established in accordance with the requirements of Section 22.900G.010 . C. Application 1. An application for a certificate of approval shall be filed with the Director of the Department of Neighborhoods. When a permit application is filed with the Director or with the Director of Transportation for work requiring a certificate of approval, the permit application shall not be determined to be complete until the applicant has submitted a complete application for a certificate of approval to the Department of Neighborhoods. 2. The following information must be provided in order for the application to be complete, unless the Director of the Department of Neighborhoods indicates in writing that specific information is not necessary for a particular application: a. Building name and building address; b. Name of the business(es) located at the site of the proposed work; c. Applicant's name and address; d. Building owner's name and address; e. Applicant's telephone number; f. The building owner's signature on the application, or a signed letter from the owner designating the applicant as the owner's representative, if the applicant is not the owner; g. Confirmation that the fee required by Section 22.900G.010 has been paid; h. A detailed description of the proposed work, including: 1) Any changes that will be made to the building or the site, 2) Any effect that the work would have on the public right-of-way or other public spaces, 3) Any new construction, 4) Any proposed use, change of use, or expansion of use; i. Four sets of scale drawings, with all dimensions shown, of: 1) A site plan of existing conditions, showing adjacent streets and buildings, and, if the proposal includes any work in the public right-of-way, the existing street uses, such as street trees and sidewalk displays, and another site plan showing proposed changes to the existing conditions, 2) A floor plan showing the existing features and a floor plan showing the proposed new features, 3) Elevations and sections of both the proposed new features and the existing features, 4) Construction details, 5) A landscape plan showing existing features and plantings, and another landscape plan showing proposed site features and plantings; j. Photographs of any existing features that would be altered and photographs showing the context of those features, such as the building facade where they are located; k. One sample of proposed colors, if the proposal includes new finishes or paint, and an elevation drawing or a photograph showing the location of proposed new finishes or paint; l. If the proposal includes new signage, awnings, or exterior lighting: 1) Four sets of scale drawings of proposed signage or awnings, showing the overall dimensions, material, design graphics, typeface, letter size, and colors, (2) Four sets of a plan, photograph, or elevation drawing showing the location of the proposed awning, sign, or lighting, 3) Four copies of details showing the proposed method of attaching the new awning, sign, or lighting, 4) The wattage and specifications of the proposed lighting, and a drawing or picture of the lighting fixture, 5) One sample of proposed sign colors or awning material and color, 6) For new signage or awnings in the International Special Review District, the dimensions of the street frontage on the side where the sign or awning would be located; m. If the proposal includes demolition of a structure or object: 1) A statement of the reason(s) for demolition, 2) A description of the replacement structure or object and the replacement use; n. If the proposal includes replacement, removal, or demolition of existing features, a survey of the existing conditions of the features that would be replaced, removed, or demolished. 3. The Director of the Department of Neighborhoods shall determine whether an application is complete and shall notify the applicant in writing within twenty-eight (28) days of the application being filed whether the application is complete or that the application is incomplete and what additional information is required before the application will be complete. Within fourteen (14) days of receiving the additional information, the Director of the Department of Neighborhoods shall notify the applicant in writing whether the application is now complete or what additional information is necessary. An application shall be deemed to be complete if the Director of the Department of Neighborhoods does not notify the applicant in writing by the deadlines in this section that the application is incomplete. A determination that the application is complete is not a determination that the application is vested. 4. The determination of completeness does not preclude the Director of the Department of Neighborhoods or the board from requiring additional information during the review process if more information is needed to evaluate the application according to the criteria in this chapter and in any rules adopted by the board, or if the proposed work changes. For example, additional information that may be required could include a shadow study or a traffic study when new construction is proposed. 5. An applicant may make a written request to submit an application for a certificate of approval for a preliminary design of a project if the applicant waives in writing the deadline for a board recommendation and decision by the Director of the Department of Neighborhoods on the subsequent design phase or phases of the project, and agrees in writing that the decision by the Director of the Department of Neighborhoods on the preliminary design is immediately appealable by the applicant or any interested person. The staff may reject the request if it appears that approval of a preliminary design would not be an efficient use of staff or board time and resources, or would not further the goals and objectives of this chapter. To be complete, an application for a certificate of approval for a preliminary design must include the information listed above in subsection C2, subparagraphs a through h, i(1) through i(3), j, m and n. A certificate of approval that is granted for a preliminary design shall be conditioned upon subsequent submittal of the final design and all of the information listed above in subsection C2, and upon board approval, prior to issuance of permits for work affecting the structure, right-of-way or space. 6. After the special review board has given notice of the meeting at which an application for a certificate of approval will be considered, no other application for the same alteration or change of use may be submitted until the application is withdrawn or the Department of Neighborhoods Director has approved or denied the existing application and all appeals have been concluded, except that an application may be made for a certificate of approval for the preliminary design of a project and a later application made for a certificate of approval for a subsequent design phase or phases of the same project. D. Review 1. Review when no special review board is established a. When there is no special review board, the Department of Neighborhoods Director shall, within 30 days of a determination that an application for a certificate of approval is complete, determine whether the proposed action is consistent with the use and development standards for the district and shall, within 15 additional days, issue, issue with conditions, or deny the requested certificate of approval. b. A copy of the Department of Neighborhoods Director's decision shall be sent to the Director and mailed to the owner and the applicant at the addresses provided in the application. Notice of the Director's decision also shall be provided to any person who, prior to the rendering of the decision, made a written request to receive notice of the decision or submitted written substantive comments on the application. 2. Review when special review board is established a. When a special review board has been established, the board shall hold a public meeting to receive comments on certificate of approval applications. b. Notice of the board's public meeting shall be posted in two prominent locations in the district at least three days prior to the meeting. c. The board, after reviewing the application and considering the information received at the public meeting, shall make a written recommendation to the Department of Neighborhoods Director to grant, grant with conditions, or deny the certificate of approval application based upon the consistency of the proposed action with the requirements of this Chapter 23.66 , the district use and development standards, and the purposes for creating the district. The board shall make its recommendation within 30 days of the receipt of a completed application by the board staff, except that the applicant may waive the deadlines in writing for the special review board to make a recommendation or the Director of the Department of Neighborhoods to make a decision, if the applicant also waives any deadlines on the review or issuance of related permits that are under review by the Seattle Department of Construction and Inspections. d. The Department of Neighborhoods Director shall, within 15 days of receiving the board's recommendation, issue or deny a certificate of approval or issue an approval with conditions. e. A copy of the decision shall be sent to the Director and mailed to the owner and the applicant at the addresses provided in the application. Notice of the decision shall be provided to any person who, prior to the rendering of the decision, made a written request for notice of the decision, or submitted substantive written comments on the application. 3. Notwithstanding any contrary provision of Section 23.66.020 or Title 23 , applications for certificates of approval for the following items shall be subject to the process in subsection 23.66.030.D.1 rather than the process in subsection 23.66.030.D.2: a. The installation, removal, or alteration of: fire escapes, ducts, conduits, HVAC vents, grilles, pipes, panels (including photovoltaic panels), weatherheads, wiring, meters, utility connections, downspouts and gutters, or other similar mechanical, electrical, or telecommunication elements necessary for the normal operation of the site, building, or structure. b. Installation, removal, or alteration of minor communication utility equipment on rooftops or streetlight poles, when the location does not have impacts on other historic resources and otherwise complies with the City Design Guidelines for minor communication utilities. c. Installation, removal, or alteration of exterior light fixtures, exterior security lighting, or security system equipment. d. Installation, removal, or alteration of exterior or interior signage. e. Installation, removal, or alteration of awnings or canopies. f. Installation, alteration, or removal of window treatments, including but not limited to blinds, curtains, shades, or window film. g. Alterations to storefront systems, if the proposed alterations are sympathetic to and do not destroy historic building materials. h. Alteration to exterior paint colors and other finishes when painting a previously painted or otherwise finished material. i. Installation, removal, or alteration of the following landscape elements: shrubs; perennials; annuals; and similar low-lying plantings. j. Installation, removal, or alteration of the following site furnishings: benches; movable tables and seating; movable planters; movable water features; trash/recycling receptacles; and bike racks. k. Installation, removal, or alteration of fences, gates, and barriers. l. Right-of-way alterations, including but not limited to alterations to sidewalks, curbs, and the roadway. m. Repaving and restriping of existing asphalt paved areas not within public rights-of-way. n. Installation of improvements for accessibility compliance. o. Installation, removal, or alteration of fire and life safety equipment. p. Temporary emergency alterations, if the proposed replacement material used is compatible with the historic building fabric. q. Change of use, establishment of a new use, or expansion of use, if use is a preferred use per Chapter 23.66 or applicable district rules. r. Replacement of non-original doors and windows within original openings, when the design intent is consistent with the Secretary of the Interior's Standards for Rehabilitation . s. Revisions to a previously approved certificate of approval, where the design revisions are sympathetic to and do not destroy historic building materials. t. Alterations or changes to accommodate seismic improvements. 4. A decision denying a certificate of approval shall state the specific reasons for the denial and explain why the proposed changes are inconsistent with the requirements of this Subchapter I and adopted use and development standards for the district. 5. Essential public facilities. No certificate of approval may be denied or conditioned in a manner that would preclude the siting of an essential public facility as provided in Chapter 23.80 . E. Appeal to Hearing Examiner 1. Any interested person may appeal the decision of the Department of Neighborhoods Director to the Hearing Examiner by filing a notice of appeal within 14 days of the Department of Neighborhoods Director's decision. When the proposed action that is the subject of the certificate of approval is also the subject of one or more related permit applications under review by the Seattle Department of Construction and Inspections, then the appellant must also file notice of the appeal with the Director of the Seattle Department of Construction and Inspections, and the appeal of the certificate of approval shall not be heard until all of the time periods for filing administrative appeals on the other permits or any environmental determinations have expired, except that an appeal of a certificate of approval for the preliminary design or for subsequent design phases may proceed immediately without being consolidated. The appeal of the certificate of approval shall be consolidated with the predecision hearing required for any Type IV Council land use decision, or if one or more appeals are filed regarding the other permits or environmental determinations, the appeal of the certificate of approval shall be consolidated with them and shall be heard according to the same timelines established for the other appeals or predecision hearing, except that appeals to the State Shoreline Hearings Board shall proceed independently according to the timelines set by the state for such appeals, and except that an appeal of a certificate of approval for a preliminary design or for a subsequent design phase may proceed without being consolidated. 2. If the related permit decisions would not be appealable, and no predecision hearing is required, then the appeal of the certificate of approval decision shall proceed immediately after it is filed. 3. The applicant for the certificate of approval, not involving approval of preliminary and subsequent design phases also may elect to have the appeal proceed immediately rather than be postponed for consolidation with appeals of related permit applications or with a predecision hearing, if the applicant agrees in writing that the time period for review of those permits or approvals is suspended until the Hearing Examiner issues a decision on the appeal of the certificate of approval. 4. The Hearing Examiner shall hear the appeal de novo in accordance with the standards and procedures established for Hearing Examiner appeals by Chapter 3.02 . Appeals shall be limited to the issues cited in the notice of appeal. The decision appealed may be reversed or modified only if the Hearing Examiner finds that the Department of Neighborhoods Director's decision was arbitrary and capricious. 5. If evidence is presented to the Hearing Examiner that was not presented to the Board, or if the Hearing Examiner determines that additional information is required, then the Hearing Examiner shall remand the decision to the Department of Neighborhoods Director for consideration of the additional information or evidence. 6. The Hearing Examiner shall issue a decision not later than 90 days after the last of any appeals of related permit decisions is filed provided that, when an appeal of a certificate of approval is consolidated with a predecision hearing, the Hearing Examiner shall issue the decision on the certificate of approval with the recommendation to the City Council on a Type IV Council land use decision, or, if the applicant chooses to proceed immediately with the appeal of the certificate of approval, as provided in subsection 23.66.030.E.3, then not later than 90 days from the filing of that appeal. The time period to consider and decide the appeal of a certificate of approval shall be exempt from the deadlines for review and decision on both the certificate of approval and any related permit applications or approvals. 7. The decision of the Hearing Examiner shall be final. Copies of the Hearing Examiner's decision shall be provided to all parties of record before the Hearing Examiner. Any judicial review must be commenced as provided by state law. F. Revocation of Certificates of Approval. Building construction, remodeling, restoration, renovation, removal, demolition and use shall conform to the requirements of the certificate of approval granted by the Department of Neighborhoods Director. Approval may be revoked for failure to comply with this chapter, the ordinance creating the district, or the conditions of the certificate of approval. G. Expiration of Certificates of Approval. A certificate of approval for a use shall be valid as long as the use is authorized by the applicable codes. Any other type of certificate of approval shall be valid for 18 months from the date of issuance of the decision granting it unless the Director of the Department of Neighborhoods grants an extension in writing; provided however, that certificates of approval for actions subject to permits issued by the Seattle Department of Construction and Inspections shall be valid for the life of the permit issued by the Seattle Department of Construction and Inspections, including any extension granted by the Seattle Department of Construction and Inspections in writing. (Ord. 127376 , § 67, 2025; Ord. 126760 , § 1, 2023; Ord. 126188 , § 9, 2020; Ord. 126072 , § 9, 2020; Ord. 125603 , § 63, 2018; Ord. 124919 , § 159, 2015; Ord. 124378 , § 63, 2013; Ord. 123899, § 24, 2012; Ord. 121276, § 37, 2003; Ord. 120157, § 2, 2000; Ord. 119121, § 2, 1998; Ord. 118409, § 206, 1996; Ord. 118181, §§ 1, 2, 1996; Ord. 118012, § 19, 1996; Ord. 116744 , § 31, 1993; Ord. 112134, § 1, 1985.)