Chapter 15.22
INTERPRETATIONS
Sections:
15.22.020 Written request for interpretation.
15.22.040 Notice of examiner’s decision.
15.22.050 Use interpretations.
15.22.060 Interpretations of zoning district boundaries.
15.22.010 Purpose.
The purpose of this chapter is to define the responsibilities, rules and procedures for clarifying the text of this title, the zoning map that it incorporates, and the rules and regulations adopted pursuant to it. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.22.020 Written request for interpretation.
A written request for interpretation of any provision of this title, use or nonuse, the zoning map, or any rule or regulation adopted pursuant to this title, shall be submitted to the division. Each request shall set forth the specific provision or provisions to be interpreted and the facts of the specific situation giving rise to the request for an interpretation. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 52, 1993: Ord. 2947 § 1 (part), 1986).
15.22.030 Review process.
A. Determination of Complete Application. Upon receipt of an application for interpretation, the planning division shall within twenty-eight days provide the applicant with a written determination stating that the interpretation application is either complete or incomplete, as well as any other information which would make the application complete for processing in accordance with YMC 15.04.010.
B. Transfer of the Record to the Examiner. Upon determination that an interpretation application is complete, the division shall forward all applications for interpretation to the hearing examiner for decision.
C. Determination of Public Hearing. Within seven business days of receipt of the record from the planning division, the hearing examiner shall review the record and determine whether a public hearing will be required for the proposed interpretation, and shall notify the planning division accordingly.
D. Public Hearing Required. Following any required public notice and comment required by subsection F of this section, the hearing examiner shall conduct the public hearing, consider any testimony, public comments received, and shall issue his or her written interpretation on the matter in ten working days from the conclusion of the public hearing.
E. Public Hearing Not Required. In the event that a public hearing by the hearing examiner is not required, the city of Yakima planning division shall forward any and all comments, and/or information received during the public comment period to the examiner at the end of the public comment period. The examiner shall consider any public comments or information received during the public comment period, and shall issue his or her written interpretation on the matter in ten working days from receipt of all public comments from the planning division.
F. Public Notice.
a. Notice of Interpretation and Public Hearing for a Site Specific Proposal. In the event that the hearing examiner determines that a public hearing is required, and the interpretation involves an underlying land use application, or site specific proposal, the city of Yakima planning division shall provide a notice of the interpretation, request for comment, and public hearing to the person requesting the interpretation, all affected parties within a three-hundred-foot radius of the subject proposal as specified by YMC Ch. 16.05, and to any interested, affected, or concerned agencies or persons specified by the hearing examiner.
b. Notice of Interpretation for a Site Specific Proposal without a Public Hearing. In the event that the hearing examiner determines that a public hearing is not required, and the interpretation involves an underlying land use application, or site specific proposal, the city of Yakima planning division shall provide a notice of the interpretation, and request for comment to the person requesting the interpretation, all affected parties within a three-hundred-foot radius of the subject proposal as specified by YMC Ch. 16.05, and to any interested, affected, or concerned agencies or persons specified by the hearing examiner.
c. Notice of Interpretation for Non-Site Specific Proposals. Public notice and request for comment on non-site specific proposals shall be determined by the hearing examiner.
d. Publication of Hearing. Notice of any hearing held to consider an interpretation shall be published in the local newspaper at least ten working days prior to the hearing. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 65, 1987: Ord. 2947 § 1 (part), 1986).
15.22.040 Notice of examiner’s decision.
A. The hearing examiner shall mail a written copy of his or her interpretation to the city of Yakima department of community development. Such notice shall be provided within ten business days from the conclusion of the public hearing, or receipt of public comments from the planning division if no hearing is required, or such longer period of time as may be agreed to by the city and applicant.
B. The hearing examiner shall clearly state the analysis and reasons upon which any interpretation is based and, if the interpretation is a use interpretation, how the interpretation is consistent with the specific conditions established in YMC 15.22.050.
C. The division shall keep a copy of each interpretation on file and shall make a copy available for public inspection during regular business hours. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.22.050 Use interpretations.
The following conditions shall govern the hearing examiner in issuing use interpretations (see YMC 15.04.040):
A. No use interpretation decision shall create, establish, or have the effect of creating a new definition or use within YMC Ch. 15.02, or YMC Ch. 15.04 Table 4-1. In the event that the hearing examiner determines that a proposed use interpretation would benefit by the addition of a new use classification within Table 4-1, or definition in YMC Ch. 15.02, the examiner shall render a decision on whether the proposed use interpretation meets or fits any of the existing use categories with Table 4-1, and shall render a separate recommendation to the city of Yakima planning division which sets forth the recommended language or uses to be added to the Yakima Municipal Code. Any recommendation by the city of Yakima hearing examiner proposing a new use or definition to the city of Yakima Municipal Code shall be considered through the legislative process by the city of Yakima planning commission and Yakima city council.
B. No use interpretation shall vary the location or review requirements of any use listed in Table 4-1 or home occupation listed in Table 4-2.
C. No use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular district.
D. The following conditions shall govern the administrative official in making use interpretations for the State Fair Park (see YMC 15.04.200):
1. The administrative official shall be authorized to determine whether a new or expanded use not otherwise identified in YMC 15.04.200(B) is consistent with or similar to those listed prior to issuance of development permits. Such determination shall be made for the record in a written interpretation.
2. If the administrative official cannot conclusively determine that a new or expanded use is consistent with or similar to those identified within State Fair Park special definitions, the interpretation question may be referred to the hearing examiner as provided in this chapter.
3. Uses found by the administrative official or hearing examiner to be consistent with or similar to those special definitions of YMC 15.04.200(B) shall be subject to the appropriate permit review process and development standards (see YMC 15.05.020(L)). A use not found to be consistent with or similar to those uses may be considered by the hearing examiner as an unclassified use within the GC district (see YMC 15.04.040). (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 6, 2005; Ord. 3019 § 66, 1987: Ord. 2947 § 1 (part), 1986).
15.22.060 Interpretations of zoning district boundaries.
The hearing examiner shall make interpretations when there is uncertainty regarding the zoning district boundaries shown on the official zoning map. The hearing examiner shall use the following rules to interpret the precise location of any zoning boundary shown on the official zoning map, boundaries shown as following or approximately following:
A. City limits, platted lot lines or section lines, half-section lines, or quarter-section lines shall be construed as following such lines.
B. Streets shall be construed to follow the centerlines of such streets.
C. Railroad lines shall be construed to lie midway between the railroad lines’ main tracks.
D. Shorelines of lakes, rivers, and streams shall be construed to follow the shoreline and, in the event of natural change in the shoreline, shall be construed as moving with the actual shoreline.
E. The centerline of streams, rivers, lakes, or canals shall be construed as following such centerlines. In the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning boundary shall be construed as moving with the channel centerline.
Where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.22.070 Appeals.
The hearing examiner’s decision on an interpretation may be appealed under YMC Ch. 15.16. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).