Zoning Codes and Ferris Wheels: Regulating Unanticipated Uses

ferris1.jpgNo matter how hard local government tries to anticipate uses in its local zoning codes, you can probably never anticipate them all.  Proof that local ordinances should always leave room for director interpretations of unanticipated uses arose when Great City Attractions, of Birmingham, England approached the City about installing an 196 foot tall “capsule ferris wheel” at Seattle Center to celebrate the 50th anniversary of the Seattle World’s Fair

Probably to no one’s surprise, the Seattle land use code did not anticipate ferris wheels in its regulations.  Not wanting to be a party pooper, in a deft feat of nimble code interpretation, the City solved the problem (and permitted the celebration) with a dual interpretation:  first that the ferris wheel is not a structure, but rather a piece of equipment and, as such, is NOT subject to height limitations that would otherwise apply; and second that the use is not really a ferris wheel, but rather a “participant sport and recreational use” that is permitted at Seattle Center.  Without even doing the research, I can only speculate that should this matter get appealed, one won’t find any specific precedent to guide appellate decision makers.

 

 

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