Chapter 4.8
Code Interpretations
Sections:
4.8.110 Code Interpretation Procedure
4.8.100 Purpose
Some terms or phrases within this Code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text.
4.8.110 Code Interpretation Procedure
A. Requests. A request for a code interpretation (“interpretation”) shall be made in writing to the City.
B. Decision to Issue Interpretation. The City Planner shall have the authority to review a request for an interpretation. The City Planner shall advise the requester in writing within 14 days after the request is made, on whether or not the City will issue the requested interpretation.
C. Declining Requests for Interpretations. The City Planner is authorized to issue, refer to the Planning Commission, or decline to issue a requested interpretation. Basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The City Planner decision to issue, refer, or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal.
D. Written Interpretation.
1. If the City Planner decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 21 days after the City advises the requester that an interpretation shall be issued. The decision shall become effective 14 days later, unless an appeal is filed in accordance with Sections E through G below.
2. If the Planning Commission is requested to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 21 days after the City advises the requester that an interpretation shall be issued. The decision shall become effective 14 days later, unless an appeal is filed in accordance with Section 4.8.110.E.
E. Appeals.
The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation within 14 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the City pursuant to Chapter 4.2, Section 4.2.130.F.
1. An appeal of the City Planner’s interpretation shall be heard by the Planning Commission.
2. An appeal of the Planning Commission’s decision shall be heard by the City Council.
F. Appeal Procedure. The appeal of a code interpretation will be reviewed as a Type III action pursuant to Section 4.2.140. The appellant shall comply with the application and submission requirements in Section 4.2.140. Written notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal, and any other person who requested notice.
G. Final Decision/Effective Date. The decision of the City Council on an appeal of a code interpretation shall be final and effective when it is mailed to the applicant
H. Interpretations on File. The City shall keep a record of all written code interpretations.