Chapter 17.22


17.22.010    Purpose.

17.22.020    Written request for interpretation.

17.22.030    Review by the planning commission.

17.22.040    Notice of planning commission’s decision.

17.22.050    Use interpretations.

17.22.060    Interpretations of zoning district boundaries.

17.22.070    Appeals.

17.22.010 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. 956(part), 1993)

17.22.020 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 planning commission. 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. No fee shall be required. (Ord. 956(part), 1993)

17.22.030 Review by the planning commission.

The fire department shall, within five business days of the receipt of any request for interpretation, forward all applications for interpretation to the planning commission for decision. The planning commission may refer any application or request for interpretation to any interested, affected, or concerned agencies or persons for review and comment. In addition, the planning commission may, at its sole discretion, schedule and hold a public hearing on any proposed interpretation issue. Notice of any hearing held to consider an interpretation shall be mailed to the person requesting the interpretation and published once at least ten days prior to the hearing. (Ord. 1183 §2(part), 2008:  Ord. 956(part), 1993)

17.22.040 Notice of planning commission’s decision.

The planning commission shall mail a written copy of their interpretation to the applicant, the city of Wapato building department, and the city of Wapato department of community and economic development. Such notice shall be provided within thirty days from the date of their receipt of an application for interpretation or such longer period of time as may be agreed to by the applicant.

The planning commission 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 17.22.050.

The fire department shall keep a copy of each interpretation on file and shall make a copy available for public inspection during regular business hours. (Ord. 956(part), 1993)

17.22.050 Use interpretations.

The following conditions shall govern the planning commission in issuing use interpretations:

A. 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.

B. 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. 956(part), 1993)

17.22.060 Interpretations of zoning district boundaries.

The planning commission shall make interpretations when there is uncertainty regarding the zoning district boundaries shown on the official zoning map. The planning commission shall use the following rules to interpret the precise location of any zoning boundary shown on the official zoning map:

A. Boundaries shown as following or approximately following the city limits, platted lot lines, section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

B. Boundaries shown as following or approximately following streets shall be construed to follow the centerlines of such streets.

C. Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.

D. Boundaries shown as following or approximately following 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. 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.

F. 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. 956(part), 1993)

17.22.070 Appeals.

The planning commission’s decision on an interpretation may be appealed under the provisions of Chapter 17.16. (Ord. 956(part), 1993)