Chapter 4.8 CODE INTERPRETATIONS

Chapter 4.8
CODE INTERPRETATIONS

Sections:

4.8.100 Interpretations – Purpose.

Some terms or phrases within the code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the code text. (Ord. 08-06 § 3, 2008)

4.8.200 Code interpretation procedure.

A. Requests. A request for a code interpretation shall be made in writing to the community development director.

B. Decision to Issue Interpretation. The community development director shall have the authority to interpret the code, or refer the request to the planning commission for its interpretation. The community development director shall advise the person making the inquiry in writing within 14 days after the request is made on whether or not, and how, the city will make an interpretation.

C. Written Interpretation. If the city 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. The written interpretation shall be issued within 14 days of the request. The decision shall become effective 14 days later, unless an appeal is filed in accordance with subsection (E) of this section.

D. Type II Procedure. Code interpretation reviews shall follow a Type II procedure under SDC 4.1.300. Alternatively, the community development director may initiate a code interpretation (i.e., without an application being filed by a property owner) and ask the planning commission to ratify the decision, in which case the city shall provide notice of the decision to affected property owner(s) with an opportunity to appeal the decision to city council. Such appeals must be filed in accordance with SDC 4.1.400.

E. Appeals. The applicant and any party who received notice or who participated in the proceedings through the submission of written or verbal evidence may appeal the decision to the planning commission for a Type III decision. The appeal must be filed within 14 days after the interpretation was mailed or delivered to the applicant. Initiating an appeal requires filing a notice of appeal with the community development director pursuant to SDC 4.1.300, Type II appeal.

F. Interpretations on File. The city shall keep on file a record of all code interpretations. (Ord. 08-06 § 3, 2008)