This chapter provides rules for resolving questions about the
meaning or applicability of any part of this title. The provisions
of this chapter are intended to ensure the consistent interpretation
and application of the requirements of this title and the general
plan.
(Ord. 1308 § 5, 2000)
Whenever the director determines that the meaning or applicability
of any of the requirements of this title are subject to interpretation
generally, or as applied to a specific case, the director may issue
an official interpretation or refer the question to the planning commission
for determination.
(1) Request for Interpretation. The request for an interpretation or
determination shall be made to the department, shall include all information
required by the department, and the fee established by the city's
fee resolution.
(2) Findings—Basis for Interpretation. The issuance of an interpretation
by the director shall include findings stating the basis for the interpretation.
The basis for an interpretation may include technological changes
or new industry standards. The issuance of an interpretation shall
also include a finding documenting the consistency of the interpretation
with the general plan.
(3) Record of Interpretations. Official interpretations shall be:
(A) Written, and shall quote the provisions of this title being interpreted,
and the applicability in the particular or general circumstances that
caused the need for interpretations, and the determination; and
(B) Distributed to the council, commission, city attorney, city clerk,
and department staff.
Any provision of this title that is determined by the director
to need refinement or revision will be corrected by amending this
title as soon as is practical. Until an amendment can occur, the director
will maintain a complete record of all official interpretations as
an appendix to this title, and indexed by the number of the chapter
or section that is the subject of the interpretation.
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(4) Referral of Interpretation. The director has the option of forwarding
any interpretation or determination of the meaning or applicability
of any provision of this title directly to the commission for consideration.
(5) Fees. The applicant shall pay applicable fees for commission resolutions
on interpretations as established by council resolution.
(6) Appeals. Any interpretation of this title by the director may be appealed as provided by Chapter
21.60 (Appeals) of this title.
(Ord. 1308 § 5, 2000)