A. Applicability. This section applies to each written request to interpret the provisions of the land use development code and any other city development regulations administered by the director.
B. Purpose. An interpretation of the provisions of the code clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of the code as it applies to review of a project. A request for a code interpretation must relate to a specific site, land use district, use or application within the city of Bellingham. An interpretation of the provisions of the code may not be used to amend that code.
C. Request for Interpretation. Anyone may request an interpretation consistent with the provisions of this chapter/section. Any person requesting an interpretation of the code shall submit a written request specifying each provision of the 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. The city council may establish an application fee for interpretation requests.
1. The director shall determine how to process the code interpretation request. The request may be:
a. Processed as a Type I decision; or
b. Consolidated with the process associated with the review of the application.
2. The director shall consult with the Department of Ecology regarding any interpretation of the shoreline master program.
E. Factors for Consideration. In making an interpretation of the provisions of the code, the director shall consider the following:
1. The applicable provisions of the code including their purpose and context;
2. The impact of the interpretation on other provisions of the code;
3. The implications of the interpretation for development within the city as a whole; and
4. The applicable provisions of the comprehensive plan and other relevant codes and policies. [Ord. 2004-09-065].