Chapter 20.10
INTERPRETATION
Sections:
20.10.005 Purpose – Authority – Scope.
20.10.040 Director’s decision.
20.10.005 Purpose – Authority – Scope.
(1) Purpose. A decision by the director as to the meaning, application, or intent of any development regulation or procedure in this title is known as an “interpretation.” An interpretation of the provisions of this title clarifies conflicting or ambiguous application, wording, scope, or intent of the provisions of this title. The purpose of this chapter is to establish the procedure and criteria that the city will use in deciding upon a written request to interpret the provisions of this title and in issuing any other written interpretation of this title.
(2) Authority. The director is authorized to interpret the meaning, application, or intent of the regulations of this title by reviewing the applicable goals and policies of the comprehensive plan, POMC, and applicable state and local planning policies and regulations.
(3) Rulemaking. The director may promulgate rules for interpretation and application of this title consistent with this title and pursuant to the authority granted herein.
(4) Scope.
(a) An interpretation of the provisions of this title may not be used to amend this title.
(b) The interpretation of the provisions of a development agreement will be treated as an interpretation of this title. (Ord. 019-17 § 18 (Exh. 1)).
20.10.010 Decision type.
An application for an interpretation decision by the director under this chapter shall be reviewed as a Type I land use decision and processed pursuant to Chapter 20.20 POMC. (Ord. 019-17 § 18 (Exh. 1)).
20.10.020 Timing.
A code interpretation under this chapter must be requested prior to a land use decision to which the request relates. Any code interpretation requested after a land use decision shall not affect an issued permit or decision. (Ord. 019-17 § 18 (Exh. 1)).
20.10.030 Application.
(1) How to Apply. Any individual, person, or party may request an interpretation of this title by submitting a master permit application along with a written request on a form provided by the director, which, at a minimum, shall include all of the following information:
(a) Identification of the policy or regulation in question;
(b) A clear statement of the issue or question to be decided; and
(c) How the comprehensive plan and POMC goals and policies support or do not support the requested interpretation.
(2) Filing and Fees. Any request for interpretation shall be filed with the director accompanied by the required fee pursuant to the city’s current fee schedule. (Ord. 019-17 § 18 (Exh. 1)).
20.10.040 Director’s decision.
(1) Criteria. The director shall base an interpretation on:
(a) The defined or the common meaning, as applicable, of the words in 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 the comprehensive plan, this title, the Port Orchard Municipal Code as a whole, or other plans and studies prepared or adopted by the city.
The director may deny or reject the request/application if there is no ambiguity or need for clarification demonstrated by the requestor.
(2) Written Decision. The director shall issue a written interpretation within 28 days of receipt of a technically-complete application form, unless otherwise agreed by the director and the requestor.
(3) Effect.
(a) A director’s interpretation of this title will be enforced as if it is part of this title.
(b) Only one interpretation per issue/code provision 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 such request.
(4) Interpretation File and Availability. The director shall maintain an interpretation file, in hard copy form and/or on the city’s website, that contains all interpretations of this title that are in effect. The interpretation file shall be available for public inspection and review.
(5) Time Limitation.
(a) An interpretation of the provisions of this title remains in effect until rescinded in writing by the director or until the subject text of this title has been amended.
(b) Interpretations should follow the process under Chapter 20.06 POMC and be incorporated into this title annually through the regular amendment process. If the city council chooses not to ratify an interpretation through the regular amendment process after considering such an amendment, that interpretation shall become void on December 31st in the year the interpretation was issued. (Ord. 019-17 § 18 (Exh. 1)).