ADOPTED AUGUST 25, 2010

PIKE PLACE MARKET HISTORICAL COMMISSION

REVISED GUIDELINES

1. PURPOSE AND PROCEDURES 2

1.1 Introduction 2

1.2 History 2

1.3 The Commission 2

1.4 Guidelines 3

1.5 Application for a Certificate of Approval 3

1.6 Landlord Responsibilities and Obligations 3

1.7 Compliance and Enforcement 3

1.8 Expiration of Certificates of Approval 4

1.9 Appeals of Commission Decisions 4

2. MARKET USES 4

2.1 General Principles for Uses in the Market 4

2.2 Prohibited Actions 5

2.3 Pedestrian Qualities 5

2.4 Market Zones 5

.5 Priority of Market Uses 6

2.6 Styles and Methods of Business Operations 7

2.7 New Uses and Businesses 9

2.8 Existing Uses and Businesses 9

2.9 Temporary Uses 10

2.10 Changes to Business Structure or Ownership 10

2.11 Street Use, Street Vendors, Sidewalk Cafes, and Parks 11

3. MARKET DESIGN 12

3.1 General Principles for Design in the Market 12

3.2 Major Structures and Architectural Elements 13

3.3 Energy Technology 14

3.4 Design of Individual Business Spaces 14

3.5 Lighting 15

3.6 Signs 15

3.7 Sidewalk Dining 17

3.8 Public Ways and Amenities 17

3.9 Secretary of the Interior's Standards for Rehabilitation 18

3.10 PDA/OAHP Historic Preservation Easement 19

4. NEW DEVELOPMENT 19

5. DEFINITIONS FOR INTERPRETATION OF GUIDELINES 19

ATTACHMENT: Map Depicting Market Zones

1. PURPOSE AND PROCEDURES

1.1 Introduction

The Pike Place Market Historical Commission is responsible for preservation and protection of historic uses and design in the Pike Place Market. These Guidelines are the basis for evaluating applications for Certificates of Approval, and assist applicants in understanding the Commission's decision-making process.

1.2 History

Seattle's Pike Place Market was established by ordinance in 1907 as a means for farmers to sell their produce directly to consumers. Through the 1920' and 30's many farmers grew their produce close to Seattle and sold at the Market. In the decades following World War II some buildings in the Market fell into decline while the Market itself remained a diverse resource of fresh food for the downtown shopper and low-income residents in the area.

An urban renewal project was proposed in the mid-1960's which involved demolition of many of the Market's buildings. The citizens of Seattle responded, and in November of 1971 by initiative measure at the municipal general election, voted to preserve the character of this Market for all time. Specifically, a seven-acre Pike Place Market Historical District was established, to be administered by a twelve-member citizen commission with the assistance of City staff. The Pike Place Market Historical District Ordinance, codified at SMC 25.24, is the vehicle for preservation of the Market as a community and regional asset. It provides the primary means for control of changes in the Pike Place Market Historical District.

Section 25.24.040-B of the Ordinance states: "The Historical District has played and continues to play a significant role in the development of Seattle and the Puget Sound Region since the inception of the Public Market in 1907. It has served as the center of local farm marketing, and other marketing businesses through varied economic times ..."

1.3 The Commission

The Pike Place Market Historical Commission ("Commission") was established by the same ordinance which created the Historical District. The Commission is responsible to make those judgments of quantity and quality which assure preservation of the character of the Market and perpetuation of the architectural, cultural, economic and historical qualities of the District. The responsibility and the authority of the Commission lies in two general areas: (1) the Commission is to promote, preserve and perpetuate the historic architectural, cultural, and economic qualities of the District; and (2) the Commission decides on all applications for Certificates of Approval involving changes in use (including changes in ownership) and changes in design within the Historical District.

1.4 Guidelines

These Guidelines, issued by the Pike Place Market Historical Commission pursuant to SMC 25.24, are to be used as a basis for decision-making on the approval of uses and designs in the Market, in order to preserve and protect the Historical District. While all changes will be considered in light of both these Guidelines and historical precedent, the Commission has discretionary powers to interpret these Guidelines as they may apply to individual applications. The Guidelines should stimulate harmonious and orderly development, while allowing gradual adjustment to varying and changing Market activities. They are intended to be of value to Historical District property owners, merchants, tenants, residents, governmental agencies and the general public regarding the use of space and physical appearance within the District.

1.5 Application for a Certificate of Approval

1.5.1 An application for a Certificate of Approval may be obtained from the Commission staff or the applicant's landlord.

1.5.2 The application form must be completed with supporting documentation as required by SMC 25.24 (contact the Commission staff for more information).

1.5.3 The application will be considered at public meetings of the Review Committee and the full Commission. The applicant must attend both meetings.

1.5.4 The Application must be approved and the Certificate issued by the Commission before ownership transactions take place, the space is occupied, or modifications to the space can begin.

1.6 Landlord Responsibilities and Obligations

Property owners, landlords, and/or managing agents must sign a tenant's application for a Certificate of Approval, indicating their written consent to the proposal. Property owners, landlords and/or managing agents should require all tenants to adhere to the terms of Certificates of Approval granted by the Commission.

1.7 Compliance and Enforcement

Compliance with use and design terms and conditions of Certificates of Approval is required. The Commission will monitor compliance with Certificates of Approval by property owners and businesses. Failure to comply with the conditions of Certificates of Approval will result in referral to the Department of Planning & Development (DPD) for enforcement action.

1.8 Expiration of Certificates of Approval

Certificates of Approval shall expire pursuant to the provisions in SMC 25.24.070.B : "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 eighteen (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 Department of Planning and Development shall be valid for the life of the permit issued by the Department of Planning and Development, including any extensions granted by the Department of Planning and Development in writing."

1.9 Appeals of Commission Decisions

Commission decisions may be appealed by any interested person of record according to SMC 25.24.080. Appeals must be submitted within fourteen (14) days after the date the Commission's decision is issued, and are heard by the City Hearing Examiner. The Hearing Examiner's decision is the final decision for the City of Seattle.

2. MARKET USES

2.1 General Principles for Uses in the Market

Section 25.24.040.B of the Seattle Municipal Code states: "The Historical District has played and continues to play a significant role in the development of Seattle and the Puget Sound Region since the inception of the Public Market in 1907. It has served as the center of local farm marketing, and other marketing businesses through varied economic times. It is significant in the culture of the region drawing together a broad spectrum of people from all ethnic, national, economic, and social backgrounds as a prototype of truly cosmopolitan life. It promotes local farming while making available local produce to shoppers and others. The District provides considerable housing for a community of low-income residents who are part of the life and color of the market. It has achieved world-wide fame as an uniquely American market and serves as the source of inspiration for markets elsewhere."

The Pike Place Market is a regional food resource, as well as a historic resource and cultural center. It is also a neighborhood market where a variety of ingredients are available to cooks of all skill levels.

The Commission's responsibility is to preserve the Market's primary function, which is the sale of locally grown agricultural products, including produce, meats, poultry, fish, dairy products, herbs and spices, sold by the producer. Restaurants and the sale of specialty items and prepared food support this function.

However, the Market has traditionally enjoyed a mix of other uses as well. Uses that serve the needs of the immediate community and regional shoppers have priority over those that are touristoriented. A mix of established and new merchants gives life to the Market shopping experience.

When making decisions on new or changing uses, the major goals of the Commission shall be to preserve the Market as:

2.1.1 A place for farmers to sell their own produce.

2.1.2 A place for local shoppers to do their food shopping.

2.1.3 A place where persons with low and moderate incomes can find affordable food, goods and services, and residences.

2.1.4 A widely varied shopping area with a diversity of many small, owner-operated specialty businesses.

2.2 Prohibited Actions

In carrying out these principles, the Commission shall not:

2.2.1 Restrict merchants to a specific brand of product lines.

2.2.2 Prevent a new business from entering the Market solely because of possible competition with an existing merchant.

2.2.3 Act to preserve or establish monopoly control.

2.3 Pedestrian Qualities

The Commission shall seek to maintain and enhance the pedestrian qualities of the Market by encouraging the location of:

2.3.1 Public amenities such as restrooms, walkways, sitting areas, viewpoints and eating areas in appropriate and accessible locations.

2.3.2 Adequate parking at locations which will not replace or compete with pedestrian access and Market character.

2.4 Market Zones

The Commission has established various zones for the Historical District that identify those areas where a concentration of highest priority uses is essential for the preservation of the Market's character. These are identified on the map of Market zones included in these Guidelines.

For example, an application for a low-priority food-related use or non food-related use of any priority may be denied by the Commission in those areas of the District reserved for special emphasis upon high-priority food-related uses such as the Main Arcade. Variances or departures from the zoning may be permitted only in instances where such a departure is justifiable in terms of the general mix of uses in an immediate area and in the Market as a whole. Approval in such cases shall be at the Commission's discretion, based upon the criteria set forth in Section 2.7.2 of these Guidelines.

The entire historic district is characterized by an extreme variation in topography and elevation and a walk through the Market involves moving through many pedestrian ways and connecting numerous levels, commercial uses, and individual buildings. As a result, the zoning for a particular building may not be clearly defined on the zoning map. In such cases, the following principle shall apply: spaces that have frontage on, and direct access to pedestrian ways and streets should be used for food, retail, social services or other uses with a large degree of public interchange.

2.5 Priority of Market Uses

In recognition of the importance that the mix of specialty business types plays in the character and functioning of the Market, and its historical roots as a farmers market, the Commission has established the prioritization of uses indicated below.

2.5.1 Food-Related Uses

Applications for food-related uses shall be evaluated by the Commission in the following order:

(a) First priority for sale of locally grown or harvested fresh produce, meat, fish and poultry.

(b) Second priority for sale of fresh produce, meat, fish and poultry that is not locally grown or harvested.

(c) Third priority for sale of food items such as bakery goods, dairy products, delicatessen and grocery items, particularly items sold in bulk or needing further preparation.

(d) Fourth priority for sale of food-related items, such as garden supplies or food preparation supplies.

(e) Fifth priority for food and beverage businesses offering on-premise dining

(f) All other food-related uses.

2.5.2 Housing

Housing is an integral and historical part of the Market and is encouraged in the following order:

(a) Affordable housing for low-income and elderly residents.

(b) All other housing.

2.5.3 Social Services

Social assistance services that serve the needs of District residents, merchants, and shoppers.

2.5.4 Retail Uses

Retail uses within allowable zones shall be evaluated by the Commission in the following order:

(a) First priority for sale of used goods, affordable daily necessities, or repair services, particularly for District residents and low-income shoppers.

(b) Second priority for sale of flowers and plants.

(c) Third priority for sale of seller-made arts and crafts items.

(d) Fourth priority for sale of hard to find goods such as seasonal, ethnic or those not readily found in the greater Seattle area.

(e) All other retail uses.

2.5.5 Other Uses

Other uses may be allowed in appropriate zones or locations, including:

(a) Performing arts and cinema.

(b) Personal, professional or informational services.

(c) All other uses.

2.6 Styles and Methods of Business Operations

The character of the Market is shaped not only by the distinctive array of uses, but also by the way goods and services are sold. Styles and methods of business operations traditionally emphasize face-to-face transactions and a high degree of service to the customer. Thus, the Commission will evaluate the operational characteristics of a proposed business in determining the compatibility and acceptability of the use in the Market according to the following:

2.6.1 Owner Operated. In order to preserve the Market's tradition of "meet the producer," all businesses shall be operated with the owner involved in daily management and financial operation, including regular on-premises presence of the owner involving direct customer contact. Businesses with an ownership structure other than sole proprietorship shall designate an individual who shall be on the premises regularly and is responsible for the daily management and financial operation of the business and for on-going compliance with these Guidelines and with the terms of applicable Certificates of Approval. Except for a business that originated in the Market and whose owners or controllers later opened stores outside the Market, the designated individual must have an ownership interest in the ownership structure of the business.

2.6.2 Local Clientele. In order to ensure that the Market remains economically viable on a year-round basis, and to preserve the Market's historical purposes, businesses serving local residents are preferred over those that are tourist-oriented.

2.6.3 Regular Hours. In order to ensure predictability for Market customers, businesses shall operate during regular business hours.

2.6.4 Specialty Nature. In order to provide for a unique mix of distinct businesses in the Market, each business shall have a defined specialty.

2.6.5 Personal Service. Sales practices or display methods that lessen or eliminate personal contact or services by the merchant are undesirable. Prepackaging of goods otherwise available in bulk is discouraged.

2.6.6 New Businesses Preferred to Expansions. In the interest of maintaining a diverse mix of businesses and because of the importance that owner-operators play in establishing the character of their business, growth through the introduction of new, independent start-up enterprises is strongly preferred over expansion of an existing business.

2.6.7 Multiple Ownership or Control Within the Market. The Commission shall not approve an ownership interest in or control of a business in the Market by a person or business entity that operates or controls another business in the Market.

2.6.8 Ownership or Control Outside the Market. The Commission may deny an application that otherwise meets the Guidelines if the owner or the business entity has an ownership interest in or controls a similar business outside the Market. Franchise ownership and chain operations especially are not allowed in the Market. This Section 2.6.8 does not apply to businesses that originated in the Market and whose owners or controllers later opened another store or stores outside the Market.

2.6.9 Noise as Part of Normal Business. The babble of sounds which characterize the Market is an important part of the Market. Performance of non-amplified live music may be an acceptable use provided it does not interfere with other uses. Applications for electronic amplification of sound in public areas will be denied except in special circumstances.

2.6.10 Size limits. In the interest of maintaining the Market as a collection of small businesses, the maximum commercial area of any one business shall be limited to 2,000 square feet unless there are exceptional circumstances. The 2,000 square feet limitation shall include only the areas where the public physically receives services and not the areas that are not open to the public. The areas that are not open to the public shall not exceed 50% of the square footage of public space. In the Economy Arcade, however, businesses are limited to one stall space regardless of size.

2.6.11 Alcohol. Class H liquor licenses may be allowed in restaurants serving dinner. Service bars with no open display of liquor are preferred but the type of liquor service will be reviewed on an individual basis.

2.7 New Uses and Businesses

An application for a new use or business will be evaluated to determine whether it is a permitted or non-permitted use.

2.7.1 Permitted Uses. A permitted use is one that conforms with the Market Zones and the Styles & Methods sections of these Guidelines. The Commission may not approve applications for a permitted use in which:

(a) The operation of the new business causes adverse physical impact (such as noise, odors or congestion) to an existing business or otherwise unduly interferes with other activities in the Market; or,

(b) The use will result in an undesirable mix or concentration of similar uses in the District.

(c) The proposed use is a significant change in the historic use of a location which the Commission views as an undesirable alteration to the character of the Market.

2.7.2 Non-Permitted Uses. A non-permitted use is one that does not conform with Market Zones or the Styles & Methods sections of these Guidelines. A non-permitted use will generally not be allowed in the Market. However, nonpermitted uses may be allowed in the Commission's discretion if:

(a) The use provides services or goods specifically for people of low-income; or

(b) The use will not be a significant change from the character of an existing approved use operating at that same location; or

(c) The use will not significantly alter the character of the immediate area because the subject space is relatively small or removed from major pedestrian ways; or

(d) The use will create or add to a desirable mix of uses; or

(e) Good faith efforts by the property owner have failed to identify prospective tenants with permitted uses, and significant financial harm will result to the property owner with continued vacancy of the space.

2.8 Existing Uses and Businesses

The Certificate of Approval granted for applications for change in use will specify which, if any, of the previously approved uses will be permitted to continue. The Commission may limit the non-permitted aspects of the existing use. If the Commission denies an application for a change in use, it may not at the same time alter or otherwise limit the use as approved in the existing Certificate of Approval.

2.8.1 Minor Change of Use.

A minor change of use means a change of use that does not change the specialty nature as defined in a Certificate of Approval. The Commission has discretion to approve or disapprove a particular product line, regardless of whether the supplier of the business requires that business to carry a particular product line. Applications for a minor change of use shall be approved by the Commission when all three following conditions are met:

(a) The addition or deletion is consistent with the character of the business and enhances the specialty nature of the business; and

(b) A proposed additional product line is not similar to items currently approved for sale at a nearby business; and

(c) It does not lead to an undesirable mix of uses in the Market.

2.8.2 Major Change of Use.

If a proposed change of use does not meet the definition of a minor change of use, it shall be evaluated according to Section 2.7 of these Guidelines for New Uses and Businesses.

2.9 Temporary Uses

2.9.1 Temporary uses may be approved in the Commission's discretion if the use will occur for less than 12 months and the proposed use is consistent with all other Commission Guidelines.

2.9.2 The Commission may approve a temporary use that is inconsistent with Sections 2.4 and 2.5 of these Guidelines if the use is necessitated by extraordinary circumstances that render an area unusable such as major renovations or damage to Market buildings.

2.10 Changes to Business Structure or Ownership

2.10.1 Because of the importance of owner operators in establishing the character of their business and in maintaining the tradition of the Market as a place for small, independent shops, Certificates of Approval are not transferable.

2.10.2 Whenever there is a proposal to change the ownership structure of an existing business (including but not limited to a merger) or to transfer or acquire any ownership interest in an existing business, that business shall apply for a Certificate of Approval for a change in ownership.

2.10.3 Among other information required pursuant to SMC 25.24.060.B, the application for a Certificate of Approval for a change in ownership must include: (1) the existing and proposed holders of ownership interests in the business, including descriptions of the nature and extent of those interests; (2) where applicable, the existing and proposed ownership structures; and (3) evidence that the business is in compliance with applicable Certificates of Approval.

2.10.4 The Commission will evaluate the application for a Certificate of Approval for a change in ownership as a Certificate of Approval for a new use in the Market. When evaluating a Certificate of Approval for a change in ownership, the Commission will, among other things, determine whether the business is in conformance with its existing Certificates of Approval and Section 2.6 of the Guidelines. If the Commission determines that the business is not in conformance, the business must also apply for a Certificate of Approval for a change in use.

2.11 Street Use, Street Vendors, Sidewalk Cafes, and Parks

2.11.1 General Rules

Applicants interested in a street use for vending operation, sidewalk cafes or other type of long-term, regularly-occurring activity on streets, sidewalks or other public rights of way must receive written consent of the abutting business tenant(s) and property owner(s). Applicants must receive these consents before the Commission will consider an application for a Certificate of Approval for this type of use. Street use for special events of no more than 3 days duration do not require an application for a Certificate of Approval, provided the property will be restored to its former condition after the event ends and the event sponsor obtains all required permits and approvals from any government agency with jurisdiction.

2.11.2 Street Vendors

Guidelines and zoning policies shall apply to street vendors. Street vending structures must be designed to be portable, should not impede pedestrian flow, and should be removed at the close of the business day.

2.11.3 Street Performers

Street performers must be licensed by the PDA and may perform only in locations approved by the Commission.

2.11.4 Sidewalk Cafes

Sidewalk cafes may be approved by the Commission according to the principles of these Guidelines, provided conformance with the applicable Design provisions of these Guidelines.

2.11.5 Victor Steinbrueck Park

All events or uses of the park and physical design changes within the park will require a Certificate of Approval except special events such as small community functions, fundraisers and First Amendment events, provided that events with music are limited to three hours between the hours of 12 noon-6 p.m., and electronic amplification equipment is not permitted unless a variance is obtained from the Parks Department.

In considering applications for a Certificate of Approval, the Commission shall apply the principles of these Guidelines subject to the following:

No event shall be scheduled in the Park that requires equipment on site that exceeds the structural load capacity of the Park.

Vehicles are prohibited in the Park.

Concessions are prohibited in the Park.

Street vending in conjunction with special events is prohibited.

Views shall not be diminished or obstructed.

3. MARKET DESIGN

3.1 General Principles for Design in the Market

Section 25.24.040-D of the Ordinance states: "The buildings with their marketing activities and residential uses combine to form a distinctive area focusing on the central Market buildings which although humble and anonymous in character are an example of intriguing, dramatic architectural space servicing and adjusting to the varied and varying characteristic marketing activities. The central building spaces are particularly unique in form and character having grown to their present form through years of anonymous and functional creation to conform to the changing market activities always serving low-income customers along with other special needs of the public. The District possesses integrity of location, original construction, use, and of feeling and association."

The Commission is responsible for making those judgments of design which assure that the character of the Market is preserved and that the architectural, cultural, economic and historical qualities of the District are maintained. Many of the elements that establish the character and quality of the District must adapt harmoniously to changing Market activities. The following guidelines shall be used as a basis for decision-making on the approval of a design with consideration given to historical precedent.

3.1.1 Within the District it is generally better to preserve than to repair, better to repair than to restore, better to restore than construct.

3.1.2 Any additions or changes to buildings shall maintain the character of the Market.

3.2. Major Structures and Architectural Elements

3.2.1 Market buildings, structures and other architectural elements, individually and collectively, are a physical expression of the activities and function of the Market. Many buildings are utilitarian and vernacular in style, yet help shape an intriguing and unique urban form. Therefore, significant architectural elements of buildings and structures must not be altered, disguised or concealed. For example, the uninterrupted rhythm of the arches and windows, the natural light, and the view of the Market from the Arcade are significant features of the Market and shall be retained.

3.2.2 New buildings must relate in material, scale and form to surrounding structures.

3.2.3 Buildings and facades should be brick, stone, concrete, or wood, with an approved surface treatment. Exterior building materials with an inherent color are preferred to painted surfaces. In all design there should be an emphasis upon the functional quality of detail and spatial form including, but not limited to, benches, ceilings, windows, columns, eaves, lighting, signage, and stalls.

3.2.4. Buildings, structures and the spaces between should relate easily and openly to the external public areas. Building facades should have a greater proportion of voids than solids on pedestrian levels.

3.2.5. Visibility into windows and storefronts should not be obscured by displays or other items above 3 1/2 feet from the exterior grade.

3.2.6. Window treatments, coverings, and/or coatings (including but not limited to reflective treatments, coverings, and/or coatings) that obscure visibility into a space are discouraged.

3.2.7 Additions to historic buildings and structures shall be prohibited unless the Commission determines that extenuating circumstances justify otherwise.

3.2.8 Rooftop features, antennas, satellite dishes, cooling towers, HVAC and other equipment must be sized and placed to minimize impacts on public views.

3.2.9 The underside of marquees should be a neutral and reflective color. Edges of marquees may be of a contrasting color, uniform on each building.

3.2.10 Awnings and/or sunshades shall relate to the building facade and architectural elements. Design considerations should include uniformity, color, size, scale and materials.

3.2.11 Walls and ceilings that are visible along pedestrian ways should be painted a light color.

3.2.12 Floors in public areas should have continuity of material and color.

3.2.13 Exterior building surfaces are key components in preserving the historical quality of design in the Market. The marquee, columns, arches, rails, walls, ceilings, lighting and other significant elements shall be meticulously maintained.

3.2.14 Exteriors of historic buildings should be carefully restored and maintained in accordance with the Secretary of the Interior's Standards for Rehabilitation (see Section 3.9 of these Guidelines).

3.2.15 Interior systems of conduit, ductwork, HVAC, sprinklers, and plumbing pipes should be exposed, except when required otherwise by code. Timber columns and beams should not be concealed. Walls should not be built into or around them, and signs should not conceal them. Utility conduits and ductwork shall be installed in a manner that does not damage or detract from the architectural features of the building.

3.3 Energy Technology

Advanced technology in mechanical and electrical systems is recognized as a contemporary improvement. This technology, however, should not produce environmental qualities inconsistent with those traditional to the Market. Traditional uses of energy in the Market are, in themselves, energy-efficient and include open shops with radiant heat only at critical locations, natural ventilation and lighting, and movable sunshades.

3.4 Design of Individual Business Spaces

3.4.1 Shop fronts

(a) Merchandise must be easily visible from the main pedestrian ways. Open shop fronts are preferred.

(b) Shop fronts and stalls should not depart from the character of the building of which they are a part. Materials should be similar to those used throughout the building. Acceptable treatments include but are not limited to concrete, stucco, painted wood, or painted metal.

(c) The color of shopfronts should be neutral, although some color variety is acceptable. No more than two (2) contrasting trim colors may be used, and unfinished wood or shingles are not acceptable. False fronts such as pseudo-mansard roof and chalet motifs are not acceptable.

(d) Security doors, gates and covers are discouraged. Where permitted, they shall be finished and unobtrusive. They should maintain visibility through stall spaces, remain between the columns and the windows, be relatively inconspicuous during the day and be fully retractable.

3.4.2 Interior Finishes

(a) Ceilings and walls should be light in color and should not incorporate unusual effects including but not limited to flocked wallpaper, spangles, glittered plaster or similar treatments.

(b) Trim colors may be different than colors used for walls and ceilings. Fluorescent paint colors are not permitted.

(c) Floor coverings should be utilitarian and easily cleaned. For example, wood, ceramic tile, linoleum, vinyl, concrete and asphalt composition materials are acceptable. Carpet or imitations of wood, brick, tile, or stone are generally unacceptable.

3.4.3 Displays

(a) The display of goods themselves should be the dominant element with minimization of shelving, cases, and other display supports. The use of excessive decoration, signage or artificial effects is discouraged.

(b) Display structures, advertising, decorations, and merchandise displayed must not diminish the open feeling of commercial spaces along the arcades and pedestrian ways, nor shall they interfere with views into, through, or out of the Market.

(c) Mechanized processes and equipment are not desirable unless they are essential to the operation of a business and enable the public to view work underway to accomplish the end product. Mechanization for promotional purposes only is discouraged.

(d) When located in stall spaces, displays, storage units and other furnishings should be no higher than the partition wall height between stalls.

(e) Recommended materials for display fixtures and other furnishings are wood surfaces painted in solid colors, solid color laminates, metal (bare or painted a solid color), and glass.

3.5 Lighting

3.5.1 Incandescent lighting has been traditionally used in the Market, and reinforces the historically warm qualities of the buildings. New technologies provide a variety of lighting solutions. New lighting designs should approximate the warmth and quality of historical lighting in the Market.

3.5.2 Display lighting in produce stalls and enclosed shops or restaurants may use some fluorescent lights if the lights are thoroughly concealed and if daylight spectrum lamps are used.

3.5.3 Lights which illuminate interior public ways, marquees, and arcades should be consistent and the fixtures should be maintained or replaced with identical or similar ones. Street lighting fixtures should be compatible with the historic character of the District.

3.6 Signs

3.6.1 Signs should be simple, clear, of modest size, and painted with plain lettering styles. Lighting should be subdued, incandescent or neon.

3.6.2 Signs shall relate physically and visually to their location. Signs shall not hide or obscure architectural elements. Exterior signs should be flat against the building, painted over entrance doorways, on windows, or hung from marquees. Large exterior signs painted or mounted on building surfaces are permitted only for the identification of buildings by common name or principal use such as Corner Market or Champion Building.

3.6.3 Where possible, signs should reflect the character and use within the structure. Symbolic three-dimensional signs such as a barber pole, or other symbols illustrating the product or service being sold within are acceptable.

3.6.4 Significant historic signs, symbols or icons of the Market must be preserved. Examples include the large "Public Market Center" structure, "Farmers Market" gateway, or small painted "Milwaukee Sausage Company" sign. All such signs shall be meticulously maintained.

3.6.5 Signs that blink, flash, revolve, appear to be in motion, or have internal lighting are prohibited.

3.6.6 Off-Premises Signs

(a) The Commission may approve the following off-premise signs: (1) directional signs; (2) group directory signs; (3) signs which identify the Market as a whole; or (4) signs hanging from marquees or canopies.

(b) Sandwich board signs are not allowed because they interfere with pedestrian movement, represent a safety hazard and detract from the historic character of the Market.

If the Commission determines that a business has location or access problems so that an exception to allow a sandwich board is appropriate, the following standards shall apply:

1. No more than one sandwich board sign per business shall be allowed.

2. A sandwich board sign may be approved only in a location where there is sufficient space for a group of sandwich board signs to be placed safely.

3. An "A"-frame style sandwich board sign shall be a maximum of 18 inches wide and 36 inches tall. All other styles of sandwich board signs shall be sized to allow safe pedestrian movement around the structure.

4. The sandwich board sign shall be removed at the end of business hours.

5. The sandwich board sign shall be displayed only at the specific approved location.

6. Approvals for sandwich board signs are revocable by the Commission on 30 days notice.

7. Each sandwich board must display a sticker indicating it is approved by the Commission.

3.6.7 Temporary Signs. Temporary signs and banners must be approved by the Commission. Temporary signs shall be approved for a length of time designated by the Commission in its approval. All temporary signs shall be removed promptly after their advertised event. Exceptions involving signs exempted by City codes and regulations, such as "for lease" signs, are allowed as permitted by applicable codes.

3.7 Sidewalk Dining

3.7.1 Sidewalk cafes shall not impede the flow of pedestrian movement and accessibility. The Commission will consider the compatibility of the design with the building facade and the character of the area.

3.7.2 Tables and chairs, with no structural elements around the space, are preferred. If some structural element is necessary, movable structural elements that can be brought back against the building wall or removed when not in use are required.

3.8 Public Ways and Amenities

3.8.1 Public seating is a desired amenity for visitors to the Market. Plants and flowers add color and appeal and are also a desired amenity. Litter receptacles of uniform design should be provided throughout the District. However, public seating, flowers, litter receptacles and other amenities should be balanced against the need for pedestrian movement and accessibility.

3.8.2 Brick and cobblestone paving shall be restored where it has been removed or covered. Patching is preferable to complete replacement.

3.8.3 Plaques or other forms of public display for the purpose of memorials, awards or recognition are discouraged.

3.8.6 Because the Market's tradition is to emphasize face to face transactions, new construction, additions, remodels, and other changes shall enhance pedestrian movement and accessibility.

3.8.7 Views of, into, through or from the Market are a cherished public amenity and shall not be diminished.

3.8.8 Pedestrian connections to and from the Market are integral to the relationship of the Market to the City.

3.9 Secretary of the Interior's Standards for Rehabilitation

In addition to the Pike Place Market Historical District Ordinance and Guidelines, the Secretary of the Interior's Standards for Rehabilitation with Guidelines for Rehabilitating Historic Buildings, and the complete series of Historic Buildings Preservation Briefs developed by the National Park Service shall serve as guidelines for proposed exterior alterations and treatments, rehabilitation projects, and new construction.

Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. In considering rehabilitation projects, what is critical is the stabilization of significant historical detailing, respect for the original architectural style, and compatibility of scale and materials.

The following standards shall be applied by the Commission in evaluating changes in design, including rehabilitation projects, taking into consideration economic and technical feasibility:

3.9.1 A property shall be used for its historic purpose or for a new use that requires minimal change to the defining characteristics of the building and its site and environment.

3.9.2 The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

3.9.3 Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

3.9.4 Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

3.9.5 Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

3.9.6 Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

3.9.7 Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

3.9.8 Significant archeological and cultural resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

3.9.9 New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

3.9.10 New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

3.10 PDA/OAHP Historic Preservation Easement

In 1992, the Pike Place Market Preservation and Development Authority (PDA) and the Washington State Office of Archaeology and Historic Preservation (OAHP) entered into a Historic Preservation Easement agreement. This easement provides that the OAHP, now the Department of Archeology and Historic Preservation (DAHP), must give its consent before certain specified actions can be taken by the PDA. These include changes that would affect the exterior and certain interior areas of PDA-owned buildings. The Market Historical Commission is referenced in the easement, and some actions by the PDA do not require DAHP [OAHP] consent so long as they are approved by the Commission. The Commission, however, is not a party to, nor bound by the easement agreement.

4. NEW DEVELOPMENT

New construction must be compatible with the predominant architectural styles, building materials, scale and inherent historic character of the District. Although new projects need not attempt to duplicate original facades, the design process should involve serious consideration of the typical historic building character and detail within the District.

Utmost emphasis shall be placed on design solutions which serve to preserve and enhance the visual and physical pedestrian connection between The Pike Place Market Historical District and the Central Waterfront, and the connections between the PC-1 north site and the adjacent portions of the District, Victor Steinbrueck Park, the North Arcade and Congregate Care Facility. Protection of views from Steinbrueck Park and the visual connection between the Park and the shoreline are of particular concern. It is the intent of the Commission to require development that is consistent with these Guidelines.

5. DEFINITIONS FOR INTERPRETATION OF GUIDELINES

5.1 Business: A commercial enterprise or establishment.

5.2 Certificate of Approval: The approval granted by the Commission allowing use or design of space in the District (see SMC 25.24.055 for full definition).

5.3 Change of Use: The addition, deletion, or change of any product mix, activity or method of service which may change the specialty nature as defined in a Certificate of Approval. In the absence of restrictive language in the Certificate of Approval, the reference to product means general types of merchandise and not specific brands.

5.4 Concession: An exclusive right to operate a business upon government-owned property.

5.5 "Control of the business" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of the business, whether through the ownership of voting securities, by contract, or otherwise.

5.6 Delicatessen: A retail food business which sells prepared foods, usually by volume and weight and not in portion amounts.

5.7 District: The Pike Place Market Historical District (established by Ordinance 100475) as defined by SMC 25.24 (also called "Market" in these Guidelines).

5.8 Guidelines: The most recent Guidelines of the Commission adopted in accordance with the provisions of SMC 25.24 and the Administrative Code of the City of Seattle (SMC 3.02).

5.9 Main Arcade: The commercial spaces operating at street level along Pike Place in the Leland, Fairley and North Arcade Buildings.

5.10 "Merger" means any of various methods of combining two or more organizations, including but not limited to absorption by a corporation of one or more other business entities.

5.11 Non-Permitted Use: A use which does not conform with zoning or styles and methods provisions of these Guidelines.

5.12 Off premises signs: Signs, including sandwich boards, that are located outside the leased premises of a Market business.

5.13 Owner-operator: A person who is the legal owner of a business and works at the business on a regular basis.

5.14 "Ownership interest" means any legal interest in the ownership structure of a business, but excludes an interest in shares of publicly-traded securities that does not yield or allow control of the business.

5.15 "Ownership structure" means the legal structure of the business entity, such as but not limited to a sole proprietorship, a partnership, a limited partnership, a limited liability partnership, a corporation, or a limited liability company.

5.16 Pedestrian Ways: Public rights-of-way and pedestrian paths in the Market.

5.17 Sandwich Board: A free-standing "A"-frame or similar movable signage structure, including but not limited to pedestal signs.

5.18 Sign: A graphic device used to identify or advertise a place of business, its products, or an event.

5.19 Specialty Nature: The composite identification of a business according to the principal products or services offered for sale; the manner of sale, distribution and manufacture (if on premises) and any specific definitions or limitations explicitly noted in the Certificate of Approval.