18A.10.070 Interpretations.
A. The Director shall review and resolve any questions involving the proper interpretation or application of the provisions of this title and other City plans, codes, regulations and standards related to project permits that may be requested by any property owner, tenant, government officer, department, board, council or commission affected. The Director’s decision shall be in keeping with the spirit and intent of this title and of the comprehensive plan.
B. Classification of Use. Recognizing that there may be uses not specifically mentioned in this title, either because of advancing technology or any other reason, the Director may permit or condition such use if it is clearly evident that the use is in conformity with the designated principal uses of the district in which it is to be located.
C. Interpretation of Land Use Tables. See LMC 18A.40.020, Interpretation of land use tables.
D. Interpretation of Map Boundary. Where uncertainty exists as to any of the zone boundaries as shown on the zoning map, the following rules shall apply:
1. A boundary shown on the zoning map as approximately following a lot line or parcel boundary shall be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established. If, subsequent to the establishment of the zoning boundary, a lot line should be moved as a result of a legally performed boundary line adjustment (including right-of-way dedications and vacations), the zoning boundary shall be construed as moving with the lot line if the Director, in his sole discretion, determines that the boundary line adjustment is minor in nature and that the corresponding change in the zoning is consistent with goals, objectives and intent of the comprehensive plan and is consistent with the general zoning pattern in the area. In this case, the Community Development Director shall direct that the official zoning map be amended.
If the Director determines that moving the zoning line as a result of a boundary line adjustment is not clearly minor, would have a material impact on the zoning pattern of the area, or would be contrary to the goals, objectives or intent of the comprehensive plan, then the zoning boundary shall only be moved after approval through the formal zoning amendment process pursuant to Chapter 18A.20 LMC.
2. A boundary shown on the zoning map as approximately following a creek, lake, or other water course shall be construed as following the actual centerline of the water course. If, subsequent to establishment of the boundary, the centerline of the water course should move as a result of natural processes, the boundary shall be construed as moving with the centerline of the water course, as determined by the ordinary high water line.
3. A boundary shown on the zoning map as approximately following a ridge line or topographic contour line shall be construed as following the actual ridge or contour line. If, subsequent to the establishment of the boundary, the ridge or contour line should move as a result of natural processes, the boundary shall be construed as moving with the ridge or contour line.
4. A boundary shown on the zoning map as approximately following a street or railroad line shall be construed as following the centerline of the street or railroad right-of-way. If, subsequent to the establishment of the boundary, the centerline of the street or railroad right-of-way should be moved as a result of its widening or minor realignment, such as at an intersection, the boundary shall be construed as moving with the centerline.
5. Whenever any street or other public right-of-way is vacated in the manner prescribed by law, the zoning district adjoining each side of said street or other public right-of-way shall be automatically extended to the centerline of the former street or other public right-of-way, unless determined otherwise pursuant to this section, and all of the area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
6. An Open Space and Recreation (OSR) zoning district boundary shown on the zoning map as approximately following a wetland boundary line shall be construed as following the actual edge of the wetland. If, subsequent to the establishment of the zoning district boundary, a wetland delineation report is conducted by a qualified wetland biologist and said report is reviewed and accepted by the City, the boundary shall be construed as following the delineated wetland line. The appropriate wetland buffer shall not be included within the OSR zone boundary, rather the buffer area shall be included in adjacent upland zoning district, pursuant to LMC 18A.60.110.
7. If the specific location of a zoning boundary line cannot be determined from application of the above rules to the zoning map, it shall be determined by the use of the scale designated on the zoning map.
8. Where questions still arise concerning the exact location of a district boundary, the Director shall interpret the zone boundaries.
E. Interpretation of Unlisted Words and Phrases. The definition of any word or phrase, not listed in this title, which is in question when administering this title, shall be defined from one of the following sources which are incorporated herein and adopted by reference. Said sources shall be utilized to find the desired definition in the order listed as follows:
1. City of Lakewood Land Use and Development Code.
3. Any other portion of the Lakewood Municipal Code or other City resolution, ordinance, or regulations.
4. Any statute or regulation of the State of Washington, beginning with the most applicable first.
5. Legal determinations and definitions from applicable case law.
6. Legal definitions from the most recent edition of Black’s Law Dictionary.
7. Definitions from Webster’s Dictionary or other common dictionary.
F. Minimum Requirements. When interpreting and applying the regulations of this Development Code, its provisions shall be the minimum requirements, unless otherwise stated.
G. Easements and Private Agreements. This title is not intended to override any easement, covenant, or any other private agreement; provided, that where the provisions of this title are more restrictive or impose higher standards or regulations than such easements, covenants, or other private agreements, the requirements of this title shall govern.
H. Conflicts of Regulations. Except as otherwise specifically stated, where conflicts occur within this Development Code or between the provisions of this Development Code and the Building and Fire Codes or other regulations of the City, the more restrictive shall apply.
I. Conflicts with State Law. The provisions of this title shall not have the effect of authorizing any activities prohibited by state law or other ordinances of the City of Lakewood.
J. Official Zoning Map – Conflicts with LMC 18A Text. If any conflict occurs between the City of Lakewood Zoning Map and the text of this title, then the text of this title shall prevail.
K. Requests for interpretations shall be made in writing and include cites to specific code section(s) needing interpretation as well as an explanation of the need for interpretation.
L. Record. A record shall be kept of all interpretations and rulings made by the Director; such decisions shall be used for future administration. The Director shall report decisions to the Planning Commission when it appears desirable and necessary to amend this title.
M. Time Limitation. An interpretation of the provisions of this title remains in effect until rescinded in writing by the Director, or until the subject text of this title has been amended.
N. Interpretations of the Director shall be appealable to the Hearing Examiner as set forth in Chapter 18A.20 LMC, Part IV. [Ord. 758 § 2 (Exh. A), 2021; Ord. 726 § 2 (Exh. B), 2019.]