Chapter 19.480
CODE INTERPRETATIONS
Sections:
19.480.200 Code interpretation procedure.
19.480.100 Purpose.
Some terms or phrases within the code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the code text. (Ord. 6-2001 § 1)
19.480.200 Code interpretation procedure.
A. Requests. A request for a code interpretation (“interpretation”) shall be made in writing to the city manager or his or her designee.
B. Decision to Issue Interpretation. The city manager or his or her designee shall have the authority to review a request for an interpretation. The city manager or his or her designee shall advise the requester in writing within 14 days after the request is made, on whether or not the city will issue the requested interpretation.
C. Declining Requests for Interpretations. The city manager or his or her designee is authorized to issue or decline to issue a requested interpretation. The basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The city manager’s decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal.
D. Written Interpretation. If the city manager or his or her designee decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 14 days after the city advises the requester that an interpretation shall be issued. The decision shall become effective 14 days later, unless an appeal is filed in accordance with subsections E through G of this section.
E. Appeals. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the city planning commission within 14 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the city manager or his or her designee pursuant to FMC 19.414.020.
F. Appeal Procedure. City planning commission shall hear all appeals of a city manager’s interpretation as a Type III action pursuant to FMC 19.413.030 except that written notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal, and any other person who requested notice.
G. Final Decision/Effective Date. The decision of the city planning commission on an appeal of an interpretation shall be final and effective when it is mailed to the applicant. If an appeal of the planning commission decision is made to the city council it shall follow the same process as above. The decision of the city council remains effective unless or until it is modified by the land use board of appeals or a court of competent jurisdiction.
H. Interpretations on File. The city manager or his or her designee shall keep on file a record of all code interpretations. (Ord. 8-2021 § 1; Ord. 6-2009 § 4; Ord. 6-2001 § 1)