Chapter 21A.05
AUTHORITY, PURPOSE, INTERPRETATION AND ADMINISTRATION Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

Sections:

21A.05.010    Title. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.020    Authority to adopt code. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.030    Purpose. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.040    Conformity with this title required. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.050    Minimum requirements. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.055    Interpretation – Applicability and intent. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.060    Interpretation – General. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.070    Interpretation – Standard industrial classification. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.080    Interpretation – Zoning maps. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.085    Interpretation – Public request – Acknowledgement – Notice. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.090    Administration and review authority. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.095    Review. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.100    Classification of right-of-way. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.110    Drawings. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

21A.05.010 Title. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

This title shall be known as the City of Sammamish development code, hereinafter referred to as “this title.” (Ord. O99-29 § 1)

21A.05.020 Authority to adopt code. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

The City of Sammamish development code is adopted by City of Sammamish ordinance, pursuant to Article XI, Section 11 of the Washington State Constitution. (Ord. O99-29 § 1)

21A.05.030 Purpose. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

The general purposes of this title are:

(1) To encourage land use decision making in accordance with the public interest and applicable laws of the state of Washington;

(2) To protect the general public health, safety, and welfare;

(3) To implement the City of Sammamish interim comprehensive plan’s policies and objectives through land use regulations;

(4) To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

(5) To provide for adequate public facilities and services in conjunction with development; and

(6) To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development. (Ord. O99-29 § 1)

21A.05.040 Conformity with this title required. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

(1) No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title.

(2) Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this title and SMC Title 19, Subdivisions.

(3) All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title as well as any other applicable local, state, or federal law. Where a difference exists between this title and other City regulations, the more restrictive requirements shall apply.

(4) Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply.

(5) Temporary uses or activities, conducted during an emergency event, or training exercises conducted at emergency sites, designated pursuant to an emergency management plan, shall not be subject to the provisions of this title. (Ord. O99-29 § 1)

21A.05.050 Minimum requirements. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of this title. (Ord. O99-29 § 1)

21A.05.055 Interpretation – Applicability and intent. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

(1) Intent. This chapter and Chapter 21A.100 SMC establish the procedure by which the City of Sammamish will render a formal interpretation of a development regulation. The purpose of such an interpretation includes clarifying conflicting or ambiguous provisions in the City’s development regulations.

(2) Applicability. This chapter and Chapter 21A.100 SMC authorize the director to issue interpretations on regulations related to controls placed on development or land use activities by the City, including but not limited to zoning ordinances, critical areas ordinances, shoreline master program requirements, official controls, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. Nothing in this chapter and Chapter 21A.100 SMC shall prevent interpretations related to the applicability of specific regulatory requirements contained within the Sammamish Municipal Code to individual projects. Further, nothing in this chapter or Chapter 21A.100 SMC shall preclude the director or hearing examiner from interpreting a regulatory requirement during the course of a public hearing. (Ord. O2009-248 § 1)

21A.05.060 Interpretation – General. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

(1) In case of inconsistency or conflict, regulations, conditions, or procedural requirements that are specific to an individual land use shall supersede regulations, conditions, or procedural requirements of general application.

(2) A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise.

(3) In case of any ambiguity, difference of meaning, or implication between the text and any heading, caption, or illustration, the text and the permitted use tables in Chapter 21A.20 SMC shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table.

(4) Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in this title, all words and terms used in this title shall have their customary meanings.

(5) A written interpretation by the director of the provisions of the Sammamish Municipal Code clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of the code. The written interpretation shall control application of the code sections discussed in it to any specific land use application. Written interpretations issued for regulatory requirements that have been legislatively modified, repealed, or otherwise substantially changed, shall be considered null and void.

(6) Any written interpretation shall not be applied retroactively, unless specifically required by the terms of the interpretation. (Ord. O2009-248 § 1; Ord. O99-29 § 1)

21A.05.070 Interpretation – Standard industrial classification. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

(1) All references to the standard industrial classification (SIC) are to the titles and descriptions found in the Standard Industrial Classification Manual, 1987 Edition, prepared by the United States Office of Management and Budget that is hereby adopted by reference. The SIC is used, with modifications to suit the purposes of this title, to list and define land uses authorized to be located in the various zones consistent with the Comprehensive Plan land use map.

(2) The SIC categorizes each land use under a general two-digit major group number, or under a more specific three- or four-digit industry group or industry number. A use shown on a land use table with a two-digit number includes all uses listed in the SIC for that major group. A use shown with a three-digit or four-digit number includes only the uses listed in the SIC for that industry group or industry.

(3) An asterisk (*) in the SIC number column of a land use table means that the SIC definition for the specific land use identified has been modified by this title. The definition may include one or more SIC subclassification numbers, or may define the use without reference to the SIC.

(4) The director shall determine whether a proposed land use not specifically listed in a land use table or specifically included within a SIC classification is allowed in a zone. The director’s determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and the zone’s purpose as set forth in Chapter 21A.10 SMC, by considering the following factors:

(a) The physical characteristics of the use and its supporting structures, including but not limited to scale, traffic and other impacts, and hours of operation;

(b) Whether or not the use complements or is compatible with other uses permitted in the zone; and

(c) The SIC classification, if any, assigned to the business or other entity that will carry on the primary activities of the proposed use. (Ord. O2009-248 § 1; Ord. O99-29 § 1)

21A.05.080 Interpretation – Zoning maps. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply:

(1) Where boundaries are indicated as paralleling the approximate centerline of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non-road-related uses by adjacent property owners, if allowed in the right-of-way, shall meet the same zoning requirements regulating the property owner’s lot;

(2) Where boundaries are indicated as approximately following lot lines, the actual lot lines shall be considered the boundaries;

(3) Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them; and

(4) If none of the rules of interpretation described in subsections (1) through (3) of this section apply, then the zoning boundary shall be determined by map scaling. (Ord. O2009-248 § 1; Ord. O99-29 § 1)

21A.05.085 Interpretation – Public request – Acknowledgement – Notice. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

(1) A person may request a code interpretation by submitting a request in accordance with this chapter. The director may also issue a code interpretation on the director’s own initiative.

(2) A request for a code interpretation must be submitted in writing to the director.

(3) A code interpretation request must:

(a) Be in writing and shall be clearly labeled “Request for Code Interpretation.” Failure to satisfy this requirement relieves the director of any obligation to acknowledge or otherwise process the request;

(b) Identify the person seeking the code interpretation and provide an address to which correspondence regarding the requested code interpretation should be mailed;

(c) Identify the specific section or sections of the City of Sammamish’s development regulations for which an interpretation is requested;

(d) Identify the parcel or site, if the code interpretation request involves a particular parcel of property or site;

(e) Identify the code enforcement action, if the code interpretation request involves a code enforcement case;

(f) Be accompanied by the fee required as set forth by the adopted fee resolution; and

(g) Be limited to a single subject, which may require interpretation of one or more code sections.

(4) (a) Within 21 days after receiving a code interpretation request, the director shall acknowledge receipt of the request. The director shall mail the acknowledgment to the person submitting the request at the address provided in the request. The acknowledgment shall include the following information, as applicable:

(i) If the director determines that the code interpretation request does not contain the information required under this section, the director shall identify in the acknowledgment the deficiencies in the code interpretation request. In such a situation, the director is under no obligation to process the code interpretation request until a code interpretation request complying with this chapter is submitted;

(ii) If the director determines that the code interpretation request is ambiguous or unclear, the director may request that the person making the request clarify the request. The director is under no obligation to process the code interpretation request until an adequately clarified code interpretation request is submitted;

(iii) If the director determines that the code interpretation request presents substantially the same issue as is pending before an adjudicatory body, such as the City hearing examiner, the City council when acting as a quasi-judicial body, any other quasi-judicial agency or any local, state or federal court, the director shall so state in the acknowledgment. The director is then under no obligation to further process the code interpretation request; and

(iv) If a code interpretation is requested regarding an issue that the director has previously addressed through a code interpretation, the director is not obligated to issue another code interpretation and shall so state in the acknowledgment required by this section and shall identify the previous code interpretation.

(b) If the director determines that the code interpretation request relates to a particular parcel of property, the director shall cause notice of the code interpretation request to be given to the taxpayer of record for the subject parcel.

(c) If the code interpretation request relates to a specific development project pending before the City, the director shall cause notice of the code interpretation request to be given to all parties of record for that project, including the applicant.

(d) If the code interpretation is initiated by the City, the director shall cause notice of the code interpretation to be posted on the City’s website and at City Hall in addition to any other notice required by this section.

(e) The notice required under this section must include a copy of any code interpretation request and a copy of the director’s acknowledgment. Notice to property taxpayers, applicants, or persons requesting an interpretation may be by United States mail or other appropriate method of delivery. (Ord. O2009-248 § 1)

21A.05.090 Administration and review authority. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

(1) The examiner shall have authority to hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals, as set forth in Chapter 21A.100 SMC.

(2) The director shall have the authority to grant, condition or deny applications for variances and conditional use permits, unless a public hearing is required as set forth in Chapter 21A.100 SMC, in which case this authority shall be exercised by the hearing examiner.

(3) The director shall have the authority to issue a written code interpretation in accordance with the review procedures contained within this chapter and Chapter 21A.100 SMC. The director shall issue such interpretations as he or she deems necessary, or upon the request of any person, in cases of any ambiguity, difference of meaning, unclear procedural requirements, or other unclear regulatory requirements of the SMC.

(4) An interpretation related to a development proposal must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates.

(5) The department shall have authority to grant, condition, or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures set forth in Chapter 21A.100 SMC.

(6) Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations of this title, pursuant to Chapter 2.55 SMC. (Ord. O2009-248 § 1; Ord. O99-29 § 1)

21A.05.095 Review. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

(1) Decision Basis. In issuing an interpretation consistent with this chapter, the director may consider the following:

(a) The purpose and intent statements of the chapters in question;

(b) Consistency with other regulatory requirements governing the same or a similar situation;

(c) The legislative direction of the City council, if any, provided with the adoption the code sections in question;

(d) The policy direction provided by the Sammamish Comprehensive Plan, or other adopted policy documents, as amended;

(e) Relevant judicial actions related to the interpretation;

(f) Expected result or effect of the interpretation; and

(g) Previous implementation of the regulatory requirements governing the situation.

(2) Content. Consistent with the requirements of Chapter 21A.100 SMC, the director shall provide facts, findings, and conclusions supporting the interpretation. At a minimum these shall include the following:

(a) A brief summary of the issue that requires an interpretation by the director;

(b) The context of the interpretation, if not included or implied from the summary;

(c) Citation of the decision basis from subsection (1) of this section; and

(d) The interpretation, signature, and date. (Ord. O2009-248 § 1)

21A.05.100 Classification of right-of-way. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

(1) Except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this title, land contained in rights-of-way for streets or alleys, or railroads shall be considered unclassified.

(2) Within street or alley rights-of-way, uses shall be limited to street purposes as defined by law.

(3) Within railroad rights-of-way, allowed uses shall be limited to tracks, signals, or other operating devices, movement of rolling stock, utility lines and equipment, and facilities accessory to and used directly for the delivery and distribution of services to abutting property.

(4) Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is first merged. (Ord. O99-29 § 1)

21A.05.110 Drawings. Repealed Ord. O2021-540 SeeTitle 21: Sammamish Development Code

The City staff is hereby authorized to incorporate drawings as necessary for the purpose of illustrating concepts and regulatory standards contained in this title; provided, that the adopted provisions of the code shall control over such drawings. (Ord. O99-29 § 1)