Chapter 17.103
CODE INTERPRETATIONS
Sections:
17.103.020 General standards for interpretation.
17.103.030 Process for formal code interpretations.
17.103.040 Authorization of similar uses.
17.103.010 Purpose.
Some terms or phrases within this code may have two or more reasonable meanings. This chapter provides a process for resolving differences in the interpretation of the code text. [Ord. 521-2013 § 3 (Exh. A)].
17.103.020 General standards for interpretation.
A. Except as otherwise provided herein or by law, the planning official shall be responsible for interpreting the provisions of this code.
B. The provisions of this code shall be interpreted as minimum requirements. When this code imposes a greater restriction than is required by other provisions of law, or by other regulations, resolutions, easements, covenants or agreements between parties, the provisions of this code shall control.
C. Where a certain provision of this code conflicts with another provision of this code, the more restrictive provision shall apply.
D. Where the provisions of this code are not clear, any party may request a formal interpretation of this code in accordance with the procedures in DMC 17.103.030.
E. The planning official may correct scrivener’s errors in the text of this code. [Ord. 521-2013 § 3 (Exh. A)].
17.103.030 Process for formal code interpretations.
A. Requests. Any party requesting a formal code interpretation shall make the request in writing to the planning official. The request shall be made on forms provided by the planning official, and shall be accompanied by a fee set by resolution of the city council.
B. Decision to Issue Interpretation. The planning official shall have the authority to review a request for an interpretation. The planning official shall advise the requester in writing within 14 days after the request is made on whether or not the city will issue the requested interpretation.
C. Declining Requests for Interpretations. The planning official is authorized to issue or decline to issue a requested interpretation. The basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The planning official’s decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal. If the planning official declines the request for interpretation, the planning official shall refund the unexpended portion of the application fee.
D. Written Interpretation. If the planning official decides to issue an interpretation, he or she shall issue it in writing and mail or deliver it to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 14 days after the planning official advises the requester that an interpretation will be issued. The decision shall become effective 10 days later, unless an appeal is filed in accordance with subsection (E) of this section.
E. Appeals. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the planning commission within 10 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the planning official. The appeal shall be handled in the same manner as provided under DMC 17.401.030(D).
F. Interpretations on File. The planning official shall keep on file a record of all formal code interpretations. [Ord. 521-2013 § 3 (Exh. A)].
17.103.040 Authorization of similar uses.
A. The purpose of this section is to provide for those uses not specifically listed in a particular zoning district but which are similar in character, scale and performance to the permitted uses specified therein.
B. The planning official, through a Type I procedure, may determine that a use not specifically listed among the allowed uses in a zone is permitted, permitted with special use standards, or allowed subject to approval of a conditional use permit based on all of the following criteria:
1. The use is consistent with the purpose of the underlying zoning district and is similar in character, scale and performance to permitted uses specified in the underlying district;
2. The use does not conflict with the standards and limitations of the underlying zoning district. The review body shall determine whether additional land use review, such as conditional use approval or a site plan review, is required;
3. The proposed use, by definition, is not limited to a different zone.
C. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of a similar use may appeal the interpretation to the planning commission within 10 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the planning official. The appeal shall be handled in the same manner as provided under DMC 17.401.030(D).
D. The determination by the planning official that a proposed similar use cannot be accommodated in a given zone does not preclude an application by the appropriate party for an amendment to the text of the comprehensive plan and/or development code. [Ord. 521-2013 § 3 (Exh. A)].