An interpretation of the provisions of this Unified Development Code is intended to clarify conflicting or ambiguous wording, interpret proper classification of a use, or interpret the scope or intent of the provisions of this code; provided, however, that interpretations of the provisions adopted under the Jefferson County building code, Chapter 15.05 JCC, or its successor ordinance, may not be requested under this article. An interpretation of the provisions of this code may not be used to amend the code. Further, code interpretations are not considered a project permit action subject to "typing" and the public notice requirements contained in Articles I through V of this chapter.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
Who May Request Interpretation. Any person may request a written interpretation of the provisions of this code. Additionally, the administrator may issue an interpretation on the administrator's own initiative.
(2) 
The administrator may require that any request that seeks interpretation of more than four UDC sections be broken down into smaller requests, each requiring the standard fee. The administrator may limit the code interpretation to what is deemed necessary to clarify the section and may decline responding to requests that are deemed excessive or onerous or those that ask hypothetical questions.
(3) 
Submittal Requirements. Any person requesting an interpretation of this code shall submit a written request specifying each provision of the code for which an interpretation is requested, why an interpretation of each provision is necessary, and any reasons or materials in support of a proposed interpretation. The applicant shall pay the fee set forth in the most recently adopted DCD fee schedule or an administrator's interpretation.
(4) 
Factors for Consideration. In making an interpretation of the provisions of this code, the administrator should consider the following, as applicable:
(a) 
The applicable provisions of this code, including its purpose and context;
(b) 
The implications of the interpretation for development within the county as a whole, including the precedent the interpretation shall set for other applicants; and
(c) 
Consistency with the Jefferson County Comprehensive Plan and other relevant ordinances and policies.
(5) 
Conflicts with Other Regulations. Where conflicts occur between the provisions of this code and the Jefferson County building code, Chapter 15.05 JCC, or its successor ordinance, or other regulations of the county, the more restrictive shall apply. If any conflict between the land use districts map and the text of this code ensue, the text of this code shall prevail.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
The DCD administrator's decision on a request for an interpretation shall include the name of the applicant, the description of the subject proposal, the language of the provisions of this code subject to interpretation, the explanation of the DCD administrator's interpretation, and any other necessary information reasonably related to the proposal.
(2) 
Response to Written Request. The administrator shall mail a written response to any person filing a written request to interpret the provisions of this code within 90 days of having received the request or as soon as reasonably practicable; provided, however, that when a request is made by a permit applicant while a project is pending and after a determination of completeness has been issued, the permit applicant must agree to waive the time frame required under Article IV of this chapter to allow for preparation of the interpretation, and any changes to the project that the interpretation might require.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
(1) 
Time Limitation. An interpretation of this code remains in effect unless and until rescinded in writing by the administrator, or superseded by a formal amendment under JCC § 18.45.090.
(2) 
Enforcement. An interpretation of this code issued in accordance with this article may be enforced in the same manner that any provision of this code is enforced (see JCC Title 19). All written interpretations of this code, with a current index of such interpretations shall be maintained by DCD and made available for public inspection.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))
When an interpretation is made in response to a written request pursuant to the provisions of this article, the person filing the written request may appeal the decision of the administrator to the hearing examiner within 14 calendar days of the decision using the process for appeals of Type II permit decisions as set forth in JCC § 18.40.330, Chapter 2.30 JCC, and the Hearing Examiner Rules of Procedure. The fee for such appeal shall be as set forth in the most recently adopted DCD fee schedule and must be paid by the appellant at the time of filing the appeal.
(Ord. 8-06 § 1; Ord. 12-19 § 4 (Appx. C); Ord. 11-24 (Att. A))
Appeals from the final decision of the hearing examiner shall be made to the Jefferson County superior court within 21 calendar days of the date the decision or action becomes final, as set forth in JCC § 18.40.340. All appeals must conform to the provisions of JCC § 18.40.340, and are subject to the requirements set forth in that section.
(Ord. 8-06 § 1; Ord. 11-24 (Att. A))