Chapter 15A.22
INTERPRETATIONS
Sections:
15A.22.010 Purpose.
15A.22.020 Written Request for Interpretation.
15A.22.025 Interpretation and Enforcement Decisions.
15A.22.030 Review by the Hearing Examiner.
15A.22.040 Notice of Examiner’s Decision.
15A.22.050 Use Interpretations.
15A.22.060 Interpretations of Zoning District Boundaries.
15A.22.070 Appeals.
15A.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 which it incorporates and the rules and regulations adopted pursuant to it.
(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 10-1985 § 1 (part), 1986).
15A.22.020 Written Request for Interpretation.
A written request for interpretation of any provision of this Title, use or non-use, the zoning map, or any rule or regulation adopted pursuant to this Title shall be submitted to the Administrative Official. 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. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 3-1993 § 52, 1993: Ord. 1-1990 § 23, 1990: Ord. 10-1985 § 1 (part), 1986).
15A.22.025 Interpretation and Enforcement Decisions.
(1) It is the intent of this Title that all questions of interpretation and enforcement shall be first presented to the Administrative Official, and that such questions shall be presented to the Hearing Examiner only by referral from the Administrative Official, on appeal from the decision of the Administrative Official or through the unclassified use process of Section 15A.04.040 Unclassified Uses.
(2) The Administrative Official shall maintain a catalog of interpretations and rulings issued in writing by him or the Hearing Examiner on file and available for inspection in the Planning Division.
(3) The duties of the Legislative Body in connection with this Title shall be as set forth in Chapters 36.70 and 36.70A RCW.
(Ord. 7-2011 § 2 (Exh. A) (part), 2011).
15A.22.030 Review by the Hearing Examiner.
The Administrative Official may refer applications for interpretation to the Hearing Examiner for decision. The Hearing Examiner may refer any application or request for interpretation to the Planning Commission and any interested, affected, or concerned agencies or persons for review and comment. In addition, the Hearing Examiner may, at his sole discretion, schedule and hold a public hearing on any proposed interpretation issue. Notice of any hearing held to consider an interpretation shall be as provided in YCC Title 16B.
(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 10-1985 Mod. 6 § 65, 1987; Ord. 10-1985 § 1 (part), 1986).
15A.22.040 Notice of Examiner’s Decision.
Notification of the Hearing Examiner’s Interpretation Decision shall be issued as required under YCC Title 16B. The Notice of Decision shall also comply with RCW 36.70B.130.
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 Section 15A.22.050.
The Planning Division shall keep a copy of each interpretation on file and shall make a copy available for public inspection during regular business hours.
(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 10-1985 § 1 (part), 1986).
15A.22.050 Use Interpretations.
The following conditions shall govern the Hearing Examiner in issuing use interpretations (also see Section 15A.04.040, Unclassified uses):
(1) 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.
(2) 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.
(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 10-1985 Mod. 6 § 66, 1987; Ord. 10-1985 § 1 (part), 1986).
15A.22.060 Interpretations of Zoning District Boundaries.
When there is uncertainty regarding the zoning district boundaries shown on the official zoning map, the Administrative Official shall use the following rules to interpret the precise location of any zoning boundary:
(1) Boundaries shown as following or approximately following the city limits, plotted lot lines, or section lines, half-section lines, or quarter section lines shall be construed as following such lines.
(2) Boundaries shown as following or approximately following streets shall be construed to follow the centerlines of such streets.
(3) Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
(4) Boundaries shown as following or approximately following floodways, flood prone areas, shorelines of lakes, rivers and streams shall be construed to follow the floodway, floodplain and shoreline and, in the event of natural change in the shoreline, shall be construed as moving with the actual floodway, floodplain and shoreline.
(5) Boundaries shown as following or approximately following 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 water courses, the zoning boundary shall be construed as moving with the channel centerline.
(6) Where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues;
(7) Boundaries indicated as parallel to or extension of features indicated in (1) through (7) above shall be so construed. Distances not specifically indicated on the official map shall be determined by the scale of the map.
(8) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (7) above, the Administrative Official shall interpret the zoning district boundaries. The interpretation of the Administrative Official may be appealed in accordance with Section 15A.16.030 and YCC Title 16B.
(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 10-1985 § 1 (part), 1986).
15A.22.070 Appeals.
The Reviewing Official’s decision on an interpretation shall be final and conclusive unless appealed by an aggrieved party under the provisions of Chapter 15A.16, YCC Title 16B and RCW 36.70C within the timeframes and procedures specified therein.
(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 10-1985 § 1 (part), 1986).