17.80.160 Administrative interpretations.
This section establishes the procedure and criteria that the city will use in deciding upon a written request to interpret the provisions of this title, Zoning. The interpretation of the provisions of a development agreement or concomitant agreement will be treated as an interpretation of the zoning code.
(1) Applicability. This section applies to each written request to interpret the provisions of the zoning code, with the exception of unclassified uses as outlined in Chapter 17.30 SMC, Permitted Land Uses.
(2) Purpose. An interpretation of the provisions of the zoning code clarifies conflicting or ambiguous wording or the scope or intent of the provisions of the zoning code. A request for a zoning code interpretation must relate to a specific site, land use district, classified use or application within the city of Stanwood. An interpretation of the provisions of the zoning code may not be used as, or considered to be, an amendment to the zoning code.
(3) Applicable Procedure.
(a) The community development director shall interpret the provisions of the zoning code in conformance with this section.
(b) A zoning code interpretation requested by a person other than the project proponent or property owner must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates. Any zoning code interpretation requested after the applicable administrative appeal period shall not affect an issued permit or decision.
(c) Unclassified use applications shall be interpreted by the hearing examiner and processed in accordance with SMC 17.30.020.
(4) Submittal Requirements. Any person requesting an interpretation of the zoning code shall submit a written request on a form provided by the city specifying each provision of the zoning code 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.
(5) Factors for Consideration. In making an interpretation of the provisions of the zoning code, the director shall consider the following factors:
(a) The applicable provisions of the zoning code, including their purpose, intent, and context;
(b) The impact of the interpretation on other provisions of the municipal code;
(c) The implications of the interpretation for development within the city as a whole;
(d) The applicable provisions of the Comprehensive Plan and other relevant codes and policies; and
(e) Any applicable state statutes and court decisions.
(6) Effect of Interpretation. An interpretation of the zoning code issued under this section shall have the same effect as any provision of the zoning code.
(7) Time Limitation. An interpretation of the zoning code remains in effect until rescinded in writing by the director or this title, Zoning, is amended.
(8) Appeals. Interpretations may be appealed to the hearing examiner following the appeal procedures contained in this chapter. (Ord. 1499 § 6 (Exh. F), 2021).