Chapter 19.31
INTERPRETATIONS
Sections:
19.31.020 Written Request for Interpretation.
19.31.025 Interpretation Decisions.
19.31.030 Similar Use Interpretations.
19.31.040 Interpretation of District Boundaries.
19.31.010 Legislative Intent.
The intent of this Chapter defines the responsibilities, rules and procedures for clarifying the text of this Title, the zoning map which it incorporates and the rules and regulations adopted under it.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015).
19.31.020 Written Request for Interpretation.
A written request for interpretation of any provision of this Title, similar use, the zoning map as provided in Section 19.10.030, or any rule or regulation adopted under 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 establishing the request for an interpretation under YCC Section 16B.03.070.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015).
19.31.025 Interpretation Decisions.
(1) All questions of interpretation shall be first presented to the Administrative Official, and such questions shall be presented to the Hearing Examiner only by referral from the Administrative Official or on appeal from the decision of the Administrative Official.
(2) As per YCC Section 16B.03.070, the Reviewing Official shall state the analysis and reasons upon which any interpretation is based and if the interpretation is a use interpretation, how the interpretation is also consistent with the specific conditions established in Section 19.31.030.
(3) The Administrative Official shall maintain a written record of interpretations and rulings issued in writing by him or the Hearing Examiner on file and available for inspection in the Planning Division.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015).
19.31.030 Similar Use Interpretations.
(1) Similar Uses. When a proposed unclassified use appears to be similar in character and consistent with the purpose of the zoning district, the Reviewing Official will determine whether the use is similar to a use listed as a Type 1, 2, 3 or 4 use for the zoning district. If the Reviewing Official finds that the proposed use is similar and meets the provisions in Subsection (2) below, the proposed use shall be processed as the similar Type 1, 2, 3, or a Type 4 use according to Chapter 19.30. The Administrative Official’s similar use interpretation may be appealed to the Hearing Examiner as provided in Section 19.31.070 and YCC Title 16B.
(2) Use Interpretation Criteria. The following criteria shall govern the Reviewing Official in issuing all use interpretations:
(a) No use interpretation shall vary the location or review requirements of any use listed in this Title.
(b) No use interpretation shall permit any use in any zoning district unless evidence is presented that demonstrates it will comply with the purpose, intent, goals, objectives and policies of the comprehensive plan, and the intent and development standards established for the particular district.
(3) Prohibited Uses. This Section does not apply to prohibited uses listed under Subsection 19.30.030(7).
(Ord. 7-2013 § 1 (Exh. A) (part), 2015).
19.31.040 Interpretation of District Boundaries.
When there is uncertainty regarding the zoning district boundaries 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, platted 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, except where it is necessary to use the right-of-way boundary because a corporate or Urban Growth Area boundary explicitly includes the road.
(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 changes 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. If a natural change occurs 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, and all of the area in the vacation shall then and henceforth be subject to all regulations of the extended districts.
(7) Boundaries indicated as parallel to or extension of features in Subsections (1) through (6) above shall be so construed. Distances not indicated on the official map shall be determined by the scale of the map.
(8) Where physical or cultural features existing on the ground conflict 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 under YCC Title 16B.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015).
19.31.050 Appeals.
The Reviewing Official’s decision on an interpretation shall be final and conclusive unless appealed by an aggrieved party under YCC Title 16B and RCW 36.70C within the timeframes and procedures specified.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015).