Chapter 20.24
INTERPRETATION OF LAND USE DEVELOPMENT ORDINANCE AND APPEAL

Sections:

20.24.010    Interpretation generally.

20.24.020    Interpretation – Unclassified uses in commercial and industrial zoning districts.

20.24.010 Interpretation generally.

A. In interpreting and applying the provisions of this title, the provisions shall be held to be minimum requirements for the promotion of health, safety, and general welfare of the public. Therefore, where the provisions within this title impose a greater restriction than are imposed or required by other laws, ordinances, easements, regulations, codes, or covenants, the provisions of this title shall control. Except, however, when the language contained within the land use section of the neighborhood plan specifically supersedes aspects of this title.

B. The director shall have the authority to determine any question which may arise regarding the proper interpretation or application of the land use development ordinance.

C. Requests for interpretations shall follow the procedures established in BMC 21.10.270, interpretation of development regulations. [Ord. 2004-09-065; Ord. 9024, 1982].

20.24.020 Interpretation – Unclassified uses in commercial and industrial zoning districts.

A. Upon inquiry by an applicant, an administrative interpretation shall be made by the director to determine if a proposed use may be established that is not specifically listed as either allowed, allowed conditionally or prohibited in a specific commercial or industrial zoning district. The interpretation shall be prepared consistent with the process and procedures specified in BMC 21.10.270. In preparing the interpretation, the director shall use the criteria established in subsection (B) of this section. Should an interpretation be made that an unclassified use may be allowed or allowed conditionally, the director shall allow for the establishment of the use following adopted processes. Should an interpretation be made that a proposed use is not allowed within a specific zoning district, the director shall indicate which zones, if any, do permit the proposed use.

B. In order to make a determination that an unclassified use is allowed or allowed conditionally, the director must find the following:

1. The proposed use would be consistent with the purpose and intent of the zoning district in which it is proposed to be established and/or would be in the public interest; and

2. The proposed use would be consistent with the policies of the comprehensive plan; and

3. The proposed use would not generate greater vehicular traffic levels, noise, light and glare, odors, emissions or other similar impacts than those associated with uses that are specifically listed as permitted or conditional within the subject zoning district. Uses that generate similar vehicular traffic levels, noise, light and glare, odors, emissions or other similar impacts to an allowed conditional use shall require conditional use approval. [Ord. 2017-05-015 § 2].