Chapter 18.54
INTERPRETATIONS AND INFORMATION1
Sections:
18.54.020 Procedures – Interpretation.
18.54.030 Procedures – Information letter.
18.54.010 Purpose.
It is the purpose of this chapter to authorize the director to: (A) formally interpret any development regulations in this title; chapter 16.04 SMC, SEPA Procedures and Policies; SMC Title 16, Division II, Shoreline Management; SMC Title 16, Division III, Natural Resource Lands and Critical Areas; SMC Title 17, Subdivisions; and to establish an administrative process whereby those interpretations may be appealed and reviewed, or (B) provide a parcel information letter as requested by any entity with the intent of employing the information supplied for commercial purposes or in satisfying requirements associated with any commercial or financial transaction. An information letter will state the zoning, zoning history, code enforcement history, known permits, existing development standards, parking requirements, and/or similar information for any parcel or combination of parcels in the city. (Ord. 2453 § 1 (part), 2013: Ord. 1762 § 1 (part), 1996)
18.54.020 Procedures – Interpretation.
A. A decision of the director as to the meaning, application or intent of any development regulation in this title; chapter 16.04 SMC, SEPA Procedures and Policies; SMC Title 16, Division II, Shoreline Management; SMC Title 16, Division III, Natural Resource Lands and Critical Areas; SMC Title 17, Subdivisions; as it relates to a specific piece or pieces of property is known as an “interpretation.”
B. An interpretation may be requested in writing by a permit applicant for a specific piece or pieces of property prior to a land use decision; provided he or she agrees to waive the time frame required under SMC 18.56.185, to allow for preparation of the interpretation, and any changes to the project that the interpretation might require.
C. An interpretation shall be processed according to the procedures for land use permits, chapter 18.56 SMC.
D. The director’s decision on an interpretation shall include the name of the applicant, the description of the subject proposal, the language of the municipal code subject to interpretation, the explanation of the director’s interpretation, and any other necessary information reasonably related to the proposal.
E. The director’s interpretation may be appealed subject to the procedures and criteria of chapter 18.56 SMC, Procedures for Land Use Permits.
F. The decision of the hearing examiner may affirm, reverse or modify the director’s interpretation either in whole or in part. The hearing examiner may also remand the interpretation to the director for further consideration. (Ord. 2453 § 1 (part), 2013: Ord. 1762 § 1 (part), 1996)
18.54.030 Procedures – Information letter.
A. A parcel information letter is a nonbinding letter providing the most comprehensive information available at the time of writing. It does not represent a guarantee by the city and is subject to change as more information becomes available including information or permit applications regarding any intended future use of the site.
B. A party requesting an information letter must do so in writing. The written request must include: the parcel number or numbers and the street address, if available, of the site for which information is being requested; a clear list of the specific information being sought; and contact information of a person or persons to whom the information letter should be sent.
C. The information letter will provide the requested information to the extent available without extensive research by the city. The director will determine when required research is excessive. If requested information is not available, would require excessive research, or cannot be provided without a full permit application, the letter will so state.
D. The city will provide an information letter in a timely manner as possible, but makes no guarantees regarding time taken to provide.
E. There will be a fee for an information letter. The fee will be established in the city’s fee schedule. (Ord. 2453 § 1 (part), 2013)
Prior legislation: Ords. 1694 and 1749, repealed by Ord. 1762.