23.88.020

A. Interpretations generally. A decision by the Director as to the meaning, application, or intent of any development regulation in this Title 23 or in Chapter 25.09 as it relates to a specific property, or a decision by the Director upon review of a determination of consistency of a proposed project with a planned action ordinance, is known as an "interpretation." An interpretation may be requested in writing by any person or may be initiated by the Director. Procedural provisions and statements of policy are not subject to the interpretation process. A decision by the Director that an issue is not subject to an interpretation request is final and not subject to administrative appeal. A request for an interpretation and a subsequent appeal to the Hearing Examiner, if available, are not administrative remedies that must be exhausted before judicial review of a decision subject to interpretation may be sought. An interpretation decision by the Director may affirm, reverse, or modify all or any portion of a Type I or Type II land use decision. B. Filing and fees. Any request for interpretation shall be filed with the Director accompanied by the required fee. If a request for interpretation is included in an appeal to the Hearing Examiner of a related project decision, a copy shall be filed with the Director, accompanied by the applicable fee. C. Timing of request 1. An interpretation that is not related to any pending project application may be requested at any time, by any person. 2. If an interpretation relates to a project application requiring no public notice pursuant to the provisions of Chapter 23.76 , the following rules govern the deadline by which the request for interpretation shall be received by the Department in order for the interpretation to be applied to the pending permit application: a. Any person may request an interpretation within 14 days after the date the project application is determined to be complete, provided that the interpretation will not apply to the project if the permit is ready to issue before or on the same day the interpretation request and fee are submitted to the Department. b. The project applicant may request an interpretation more than 14 days after the project application is determined to be complete if the project applicant agrees in writing that the time limits required by Section 23.76.005 shall be calculated from the day the interpretation is requested. 3. If an interpretation relates to a project application requiring public notice pursuant to the provisions of Chapter 23.76 , the following rules govern the deadline by which the request for interpretation shall be received by the Department in order for the interpretation to be applied to the pending permit application: a. Any person may request an interpretation prior to the end of the public comment period, including any extension, for the project application. b. The project applicant may request an interpretation after the end of the public comment period and prior to publication of a land use decision or recommendation, if the project applicant agrees in writing that the time limits required by Section 23.76.005 shall be calculated from the day the interpretation is requested. c. Notwithstanding the above deadlines, an appeal of a Type II decision to the Hearing Examiner or a request for further consideration of a Type III recommendation may include a request that the Director issue in writing an interpretation of specified code sections, combined with an appeal of such interpretation, provided that an interpretation regarding whether a use proposed under the related project application has been correctly classified may not be requested pursuant to this subsection 23.88.020.C.3.c. A request for interpretation made pursuant to this subsection 23.88.020.C.3.c shall state with specificity: 1) How the Director's construction or application of the specified code sections is in error; and 2) How the requester believes those sections should be construed or applied. The provisions of subsections 23.88.020.D, 23.88.020.E, and 23.88.020.F shall not apply to interpretations requested pursuant to this subsection 23.88.020.C.3.c. The Director shall respond to the request by issuing an interpretation in the form of a memorandum to be filed with the Hearing Examiner at least five calendar days before the hearing. D. Notice of request for interpretation. If an interpretation relates to a project application under consideration, and is requested by a person other than the applicant for that project, notice of the request for interpretation shall be provided to the permit applicant. If an interpretation relates to the provisions of Chapter 23.60A , notice of the request shall be provided to the Washington State Department of Ecology. If an interpretation is requested by a Major Institution as to whether a proposal constitutes a major or minor amendment to an adopted Major Institution Master Plan, notice of the request shall be provided to all members of the Development Advisory Committee for that Major Institution. E. Notice of interpretation. Notice of an interpretation shall be provided to the person requesting the interpretation, and to the applicant(s) for the specific project or projects to which the interpretation relates. If the interpretation relates to provisions of Chapter 23.60A , notice shall be provided to the Washington State Department of Ecology. If the interpretation is related to a project requiring public notice, the interpretation shall be published concurrently with other land use decisions relating to that project. Notice of any interpretation subject to appeal before the Hearing Examiner shall be provided by Land Use Information Bulletin. F. Availability and venue of appeals 1. An interpretation that is unrelated to any specific project application, or is related to a Type III or IV decision, may be appealed by any person to the Hearing Examiner. Such an appeal shall be filed with the Hearing Examiner by 5 p.m. on the 14th calendar day following publication of the notice of the interpretation. If the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next business day. The appeal hearing on an interpretation related to a Type III Master Use Permit shall be consolidated with the open record hearing on the project application and the appeal hearing for any related environmental determination. Interpretations related to Type IV decisions shall be appealable to the Hearing Examiner in accordance with Section 23.76.052 . 2. An interpretation relating to a project application that does not require public notice shall not be subject to administrative appeal. 3. An interpretation relating to a Type II Master Use Permit decision that is appealable to the Hearing Examiner shall be subject to the same appeal deadline as the related project decision, and may be appealed only if that project decision is appealed. The appeal of an interpretation shall be consolidated with the appeal of the related project decision. 4. An interpretation relating to a Type I Master Use Permit for light rail transit facilities issued pursuant to Chapters 23.42 , 23.76 , or 23.80 shall not be subject to administrative appeal. G. Appeals to Hearing Examiner, process and standard of review 1. The appeal of an interpretation, where permitted, shall be in writing and shall state specifically why the applicant believes the interpretation to be incorrect. 2. Appeals submitted to the Hearing Examiner shall be accompanied by payment of a filing fee as established in SMC Chapter 3.02 . 3. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases in the Administrative Code, Chapter 3.02 and the Hearing Examiner Rules of Practice and Procedure in effect at the time the appeal is made. 4. In the event of an appeal of an interpretation not related to a specific project application, such appeal shall be decided within fifteen (15) days of the close of the record before the Hearing Examiner. 5. Appeals shall be considered de novo, and the decision of the Hearing Examiner shall be made upon the same basis as was required of the Director. The interpretation of the Director shall be given substantial weight, and the burden of establishing the contrary shall be upon the appellant. The Hearing Examiner shall summarily dismiss an appeal without hearing which is determined to be without merit on its face, frivolous, or brought merely to secure a delay. 6. The Hearing Examiner may affirm, reverse or modify the Director's interpretation either in whole or in part or may remand the interpretation to the Director for further consideration. The decision of the Hearing Examiner shall be final and conclusive unless the decision is reversed or remanded on judicial appeal. Any judicial review must be commenced as provided by state law. (Ord. 127228 , § 37, 2025; Ord. 126685 , § 65, 2022 [committee name, cross-reference, and style update]; Ord. 125387 , § 3, 2017; Ord. 124843 , § 69, 2015; Ord. 124378 , § 99, 2013; Ord. 124105 , § 34, 2013; Ord. 123963, § 34, 2012; Ord. 123649, § 66, 2011; Ord. 121477, § 65, 2004; Ord. 121476, § 27, 2004; Ord. 118181, § 8, 1996; Ord. 118012, § 58, 1996; Ord. 112522, § 17, 1985; Ord. 110793, § 76, 1982; Ord. 110381, § 1, 1982.)