HomeMy WebLinkAbout2531 Interpretation of Land Development CodesOrdinance No.~.~/
AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A
NEW SECTION 20.02, INTERPRETATION OF LAND DEVELOPMENT
CODES, TO TITLE 20, ADMINISTRATION OF LAND DEVELOPMENT
REGULATIONS, OF THE PORT TOWNSEND MUNICIPAL CODE
WHEREAS, RCW 36.70B. 110(11) (Regulatory Reform) requires the City to adopt
procedures for administrative interpretations of the City's development regulations; and
WHE~, the City desires to establish criteria and procedures for the issuance of Land
Development Code interpretations by the BCD Director,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. A new Section 20.02, Interpretation of Land Development Codes, of
Chapter 20 of the Port Townsend Municipal Code shall read as follows:
TITLE 20
ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS
Chapters:
20.01
20.02
'20.03
20.04
20.05
20.06
20.07
20.08
20.09
20.10
1.and Development Administrative Procedures
Inte~retation of I_and Development Codes
Land Development Permit Application and Appeal Fees
Land Use Administration and Enforcement
CHAPTER 20.02
INTERPRETATION OF LAND DEVELOPMENT CODES
Sections:
20.02.010
20.02.020
Purpose of interpretation.
Submission requirements.
20.02.030
20.02.040
20.02.050
20.02.060
Director's decision.
Time limitation and enforcement.
Appeal of interpretation by BCD director.
Judicial appeal.
20.02.010 Purpose of interpretation.
An interpretation of the provisions of Titles 15, 16, 17, 18 and 19 PTMC ("development codes"),
is intended to clarify conflicting or ambiguous wording, interpret proper classification of a use,
or interpret the scope or intent of the provisions of the code; provided, however, that an
interpretation of the uniform codes adOPted under 16.04.010 may not be requested under this
chapter. An interpretation of the provisions of the code may not be used to amend that code.
20.02.020 Submission requirements.
A. Who May Request Interpretation. Any person may request a written interpretation
of the provisions of the code. In addition, the BCD director may issue an interpretation on the
director's own initiative.
B. Submittal Requirements. Any person requesting an interpretation of code shall
submit a written request specifying each provision of the development code(s) 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
Section 20.09 PTMC for a director's interpretation.
C. Factors for Consideration. In making an interpretation of the provisions of the
development codes, the BCD director should consider the following as applicable:
1. The applicable provisions of the code, including its purpose and context;
2. The implications of the interpretation for development within the city as a whole,
including the precedent the interpretation will set for other applicants;
policies.
Consistency with Port Townsend Comprehensive Plan and other relevant codes and
D. Conflicts with Other Regulations. Where conflicts occur between the'provisions
of a development code and the building and fire codes or other regulations of the city, the more
restrictive shall apply. If any conflict between the land use map and the text of the applicable title
ensue, the text of the tire shall prevail.
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20.02.030 Director's decision.
A. The BCD director's decision on an interpretation shall include the name of the
applicant, the description of the subject proposal, the language of the development code(s) subject
to interpretation, the explanation of the BCD director's interpretation, and any other necessary
information reasonably related to the proposal.
B. Response to Written Request. The BCD director shall mall a written response .to
any person filing a written request to interpret the provisions of the development code within 28
days of having received that request. Provided, however, that when a request is made 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 Chapter 20.01 PTMC to allow for preparation
of the interpretation, and any changes to the project that the interpretation might require.
20.02.040 Time limitation and enforcement.
A. Time Limitation. An interpretation of the code remains in effect unless and until
rescinded in writing by the BCD director.
B. Enforcement. An interpretation of the code issued in accordance with these
provisions may be enforced in the same manner that any provision of the development code is
enforced. All written interpretations of the code with a current index of such interpretations shall
be maintained by the BCD department and made available for public inspection.
20.02.050 Appeal of Interpretation by BCD Director.
When an interpretation is made in response to a written request pursuant to these provisions, the
person filing the written request may appeal the decision of the BCD director to the city council
within 14 calendar days of the decision, using the process for appeals of Type II permit decisions
as set forth in Section 20.01.310 PTMC. The fee for such appeal shall be as set forth in PTMC
20.09 and must be paid by the appellant at the time of filing the appeal.
20.05.060 Judicial appeal.
Appeals from the final decision of the city council shall be made to the Jefferson County
Superior Court within 21 calendar days of the date the decision or action becomes final (as defined
in Section 20.01.280(B) PTMC). All appeals must conform with the provisions of Section
20.01.320 PTMC, and are subject to the requirements set forth in that section.
(Ord. __ § 1, 1996.)
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~ Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional
by_a court of competent jurisdiction, such order or judgment shall not affect the validity or
constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of
each clause, sentence, paragraph, section or part of this law are declared severable.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this /7 day of June, 1996.
Attest:
/
Vera Franz, Acting Cit~rk
Julie ~c~c~Cull~h,-Mayor
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