Chapter 30.83
CODE INTERPRETATIONS

Sections:

30.83.010    Code interpretations.

30.83.020    Request for code interpretation.

30.83.030    Interpretation procedure.

30.83.040    Code interpretations specific to a project.

30.83.050    Code interpretation - decision of the director.

30.83.060    Appeal.

30.83.010 Code interpretations.

(1) This chapter is intended to provide a process for administrative interpretation of the provisions of this title. Code interpretations:

(a) Clarify ambiguous provisions of the code applied to a specific project;

(b) Determine nonconforming rights;

(c) Determine whether a use is allowed in a particular zone; and

(d) Interpret the meaning of terms.

(2) This chapter applies to written interpretations of this title. This chapter does not apply to:

(a) Interpretations relating to the fire code, chapter 30.53A SCC, which are made by the fire marshal; and

(b) Interpretations relating to the construction codes, chapters 30.50 - 30.52F SCC, which are made by the building official or fire marshal pursuant to SCC 30.50.020(2).

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 07-084, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Ord. 14-081, Oct. 29, 2014, Eff date November 13, 2014)

30.83.020 Request for code interpretation.

(1) Any person may submit a written request for a code interpretation to the director, or the director may issue a code interpretation on the director’s own initiative.

(2) At a minimum, a request for a code interpretation shall include:

(a) The provision of this title for which an interpretation is requested;

(b) Why an interpretation of the provision is necessary; and

(c) Any reason or material in support of a proposed interpretation.

(3) A filing fee in accordance with SCC 30.86.610 shall accompany each request for an interpretation.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.83.030 Interpretation procedure.

(1) The applicable director for making the interpretation is determined pursuant to SCC 30.81.010.

(2) A request for a code interpretation shall be treated as a Type 1 decision, providing public notice and an opportunity to comment before making an administrative decision pursuant to SCC 30.70.050.

(3) The director shall mail a written response to any person filing a request for a code interpretation within 14 days of receiving the request. The response shall indicate when the interpretation is expected to be issued.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008)

30.83.040 Code interpretations specific to a project.

(1) Only an applicant for a project may request an interpretation relating to a specific project. At the time of making the request, the applicant shall elect to have the request processed as a separate Type 1 application or in conjunction with the underlying application. If processed in conjunction with the underlying application, the applicant shall waive the processing timeline of SCC 30.70.110 for the time necessary to process the code interpretation, not to exceed 60 days.

(2) Persons other than the applicant may not request a project-related interpretation pursuant to this chapter, but may submit comments as a party of record.

(a) If the project that is the subject of the code interpretation is a Type 1 application, the underlying permit must be appealed to challenge the department’s interpretation of the code.

(b) If the project that is the subject of the code interpretation is a Type 2 application, the challenge to the department’s interpretation of the code may be raised at the open record hearing.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008)

30.83.050 Code interpretation - decision of the director.

(1) Only one interpretation per issue shall be rendered by the director. In the event an interpretation is requested on an issue previously addressed, the director shall provide a copy of the previous interpretation to satisfy the request.

(2) An interpretation issued pursuant to this chapter shall have the same effect and be enforceable as a provision of this title.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008)

30.83.060 Appeal.

In any appeal of a code interpretation, the interpretation of the director shall be given substantial weight.

(Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008)