Chapter 17.50
CODE INTERPRETATION
Sections:
17.50.040 Appeal of administrative interpretation.
17.50.010 Purpose.
The city manager or designee shall have the authority to make written interpretations when necessary for clarification or to resolve conflicts within SVMC Titles 17 through 24, zoning map, arterial road map, prior conditions of approval, or prior administrative interpretations pursuant to SVMC 17.50.020. All requests for formal interpretations shall be made in writing. The interpretation shall be made by the city manager or designee. The department shall maintain a file of all written interpretations. (Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
17.50.020 Procedure.
A. Code interpretations shall be processed as a Type I decision pursuant to SVMC 17.80.030.
B. The city manager or designee may make an interpretation when (1) he or she determines such an interpretation is necessary for City implementation of the SVMC, or (2) when requested by a person as set forth in SVMC 17.50.020(C).
C. Any person whose property, residence, or business is or will likely be impacted by a project may submit a written request for a code interpretation to the city manager or designee; provided, that a code interpretation related to any pending project application that is requested by a person other than the project applicant or property owner shall not be considered unless it is requested within 60 days after an application has been determined to be complete or prior to the conclusion of the public comment period, if any, whichever is later.
D. A request for a code interpretation shall include the following:
1. The provision of SVMC Titles 17 through 24, zoning map, arterial road map, conditions of approval, or prior administrative interpretation for which an interpretation is requested;
2. Why an interpretation of each provision is necessary. If the requestor is a person whose property, residence, or business is or will likely be impacted by a project, the requestor shall submit an explanation as to how the project is or will likely impact that person’s property, residence, or business; and
3. Any reasons or material in support of a proposed interpretation. (Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
17.50.030 Criteria.
The city manager or designee shall base his or her interpretations on:
A. The defined or common meaning of the words of the provision;
B. The general purpose of the provision as expressed in the provision; and
C. The logical or likely meaning of the provision viewed in relation to other related applicable provisions and the Comprehensive Plan. (Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
17.50.040 Appeal of administrative interpretation.
A formal interpretation may be appealed pursuant to the provisions of Chapter 17.90 SVMC, Appeals. (Ord. 16-018 § 6 (Att. B), 2016).