Part 20.30K Interpretation of the Land Use Code

20.30K.110 Scope.

This Part 20.30K establishes the procedure and criteria that the City will use in deciding upon a written request to interpret the provisions of the Land Use Code and in issuing any other written interpretation of the Land Use Code. The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of the Land Use Code.

20.30K.115 Applicability.

This Part 20.30K applies to each written request to interpret the provisions of the Land Use Code and to any other interpretation of the Land Use Code issued by the Director. (Ord. 4973, 3-3-97, § 878; Ord. 4816, 12-4-95, § 978)

20.30K.120 Purpose.

An interpretation of the provisions of the Land Use Code clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of the Code. A request for a Code interpretation must relate to a specific site, land use district, use or application within the City of Bellevue. An interpretation of the provisions of the Land Use Code may not be used to amend that Code. (Ord. 5232, 7-17-00, § 13; Ord. 4973, 3-3-97, § 879; Ord. 4816, 12-4-95, § 979)

20.30K.130 Applicable procedure.

A.    The Director shall interpret the provisions of the Land Use Code in conformance with this Part 20.30K.

B.    A 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 Code interpretation requested after the applicable administrative appeal period shall not affect an issued permit or decision.

C.    The Department shall determine how to process the Code interpretation request. The request may be:

1.    Processed pursuant to Process II, LUC 20.35.200 et seq., which shall include notice to the project proponent or property owner; or

2.    Consolidated with the process associated with the review of the application. An appeal of a Code interpretation consolidated with the process associated with the review of the application shall be consolidated with the appeal of the decision on the underlying application. (Ord. 5481, 10-20-03, § 12; Ord. 4973, 3-3-97, § 881; Ord. 4816, 12-4-95, § 981; Ord. 4255, 6-3-91, § 13; Ord. 3913, 5-23-88, § 2; Ord. 3848, 11-16-87, § 9)

20.30K.135 Submittal requirements.

Any person requesting an interpretation of the Land Use Code shall submit a written request specifying each provision of the Land Use 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.

20.30K.140 Factors for consideration.

In making an interpretation of the provisions of the Land Use Code, the Director shall consider the following:

A.    The applicable provisions of the Land Use Code including their purpose and context; and

B.    The impact of the interpretation on other provisions of the Land Use Code; and

C.    The implications of the interpretation for development within the City as a whole; and

D.    The applicable provisions of the Comprehensive Plan and other relevant codes and policies. (Ord. 4973, 3-3-97, § 882; Ord. 4816, 12-4-95, § 982)

20.30K.150 Effect of interpretation.

An interpretation of the Land Use Code issued under this part shall have the same effect as any provision of the Land Use Code. (Ord. 4973, 3-3-97, § 884; Ord. 4816, 12-4-95, § 984)

20.30K.155 Time limitation.

An interpretation of the Land Use Code remains in effect until rescinded in writing by the Director. (Ord. 4973, 3-3-97, § 885; Ord. 4816, 12-4-95, § 985)