Chapter 20.87
INTERPRETATIONS
Sections:
20.87.005 Planning and community development director’s interpretation.
20.87.010 Challenge of interpretation.
20.87.015 Public hearing required.
20.87.020 Required findings and criteria.
20.87.001 Scope and purpose.
This chapter is intended to detail the procedures and responsibilities of the director and the hearing examiner in the clarification of the meaning of words, phrases and sentences in this title should the meaning of such words, phrases and sentences appear ambiguous, insufficient or unclear as to general intent of a specific requirement. (Ord. 2478 § 1, 1996; Ord. 2268 § 70, 1991; Ord. 2147 Exh. A, 1987).
20.87.005 Planning and community development director’s interpretation.
Except as provided for in this chapter, the director shall have the authority for interpreting the meaning of words, phrases and sentences set forth in this title and the determination of how specific situations are regulated by this title. (Ord. 2478 § 1, 1996; Ord. 2147 Exh. A, 1987).
20.87.010 Challenge of interpretation.
Any affected person may challenge an interpretation and determination of the director by filing an application for an interpretation review in writing with the director within 15 business days of the date of the determination, together with the requisite filing fee. Said application shall state the specific reasons wherein the director’s interpretation or determination is in error. (Ord. 2683 § 3, 2001; Ord. 2478 § 1, 1996; Ord. 2147 Exh. A, 1987).
20.87.015 Public hearing required.
Upon the proper filing of an interpretation review, the hearing examiner shall conduct a duly noticed open record hearing, pursuant to Chapter 20.12 PMC. Within 10 business days of completion of said hearing the hearing examiner shall render a written decision supported by findings and conclusions agreeing, modifying or disagreeing with the director’s interpretation or determination in accordance with this chapter and, thereafter, such interpretation or determination shall govern unless overturned on appeal made under the provisions of PMC 20.13.025. (Ord. 2478 § 1, 1996; Ord. 2268 § 71, 1991; Ord. 2147 Exh. A, 1987).
20.87.020 Required findings and criteria.
Where this title specifically grants the hearing examiner the authority to make interpretations subject to specified criteria or findings, the hearing examiner shall use such criteria or findings in making his/her decision and shall render a written decision stating how his/her decision meets such criteria or findings. Where no specific criteria or findings apply, the hearing examiner shall use the following criteria in making an interpretation:
(1) The meaning of any word, phrase or sentence shall be consistent with common usage and understanding;
(2) The meaning of any word, phrase or sentence shall be consistent with the scope, purpose and intent of this title or any chapter or section of this title to which such word, phrase or sentence is related; and
(3) Where reasonable minds may differ due to ambiguity, insufficiency or lack of clarity, the interest of the city to protect the public health, safety and general welfare shall prevail in the interpretation of precise meaning. (Ord. 2478 § 1, 1996; Ord. 2268 § 72, 1991; Ord. 2147 Exh. A, 1987).