21.04.300 Interpretation of the zoning code.
The procedure and criteria that the city will use in deciding upon a written request to interpret the provisions of this title (zoning code), and in issuing any other written interpretation of the zoning code are set forth in this section. The interpretation of the provisions of a concomitant zoning agreement (CZA), other permit or written approval issued pursuant to this title will be treated as an interpretation of the zoning code.
A. Applicability. The following provisions apply to each written request to interpret the provisions of this title and to any other interpretation of the zoning code issued by the development and business services director.
B. Purpose of Interpretation. An interpretation of the provisions of this title clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of the code. An interpretation of the provisions of the zoning code may not be used to amend that code.
C. Who May Request. Any person may request a written interpretation of the provisions of this title. In addition, the development and business services director may issue an interpretation on the director’s own initiative.
D. Applicable Procedure. The development and business services director shall interpret the provisions of this title in conformance with this section.
E. Submittal Requirements. Any person requesting an interpretation of this title shall submit a written request specifying each provision of this title for which an interpretation is requested, why an interpretation of each provision is necessary and any reasons or material in support of a proposed interpretation.
F. Factors for Consideration. In making an interpretation of the provisions of this title, the development and business services director shall consider:
1. The applicable provisions of the zoning code including their purpose and context; and
2. The implications of the interpretation for development within the city as a whole; and
3. The impact of the interpretation on other provisions of the zoning code; and
4. The intent of the city council as reflected by the council minutes, findings, and conclusions, and other documents found within the development and business services department file on the provisions in question, if any; and
5. The comprehensive plan and other relevant codes and policies; and
6. The opinion of the city attorney on the interpretation.
G. Limitation on Authority. The development and business services director may not make an interpretation of any provision of the zoning code which modifies or conflicts with any other provision of the zoning code, unless the purpose of the interpretation is to resolve a conflict between provisions of the zoning code.
H. Enforcement. An interpretation of the zoning code issued in accordance with these provisions may be enforced in the same manner that any provision of the zoning code is enforced. The development and business services director shall maintain and make available for public inspection all written interpretations of the zoning code with a current index of such interpretations.
I. Time Limitation. An interpretation of this title remains in effect until rescinded in writing by the development and business services director.
J. Response to Written Request. The development and business services director shall mail a written response to any person filing a written request to interpret the provisions of the zoning code within 25 days of having received that request.
K. Appeal of Interpretation by Director. When an interpretation is made in response to a written request pursuant to these provisions, the person filing the written request may appeal the decision of the development and business services director using Process II, LMC 1.35.200 et seq. The fee for such an appeal shall be the amount established in Chapter 3.104 LMC and must be paid by the appellant at the time of filing the appeal. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2699 § 27, 2007; Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994)