Skip to code content (skip section selection)
A. Power: The board of adjustment may interpret the code on appeal by any person who feels that there is error in interpretation or doubt as to the meaning of any word, phrase or section when:
1. There is a dispute between the appellant and the zoning inspector or other county official as to a decision or interpretation; or
2. The location of a zoning district boundary is in doubt (refer to Section 18.05.030, Zones, Maps and Boundaries).
1. An interpretation may be requested by submitting an application on a form prepared by the planning and development services department, with hearing fees.
2. The application shall include:
a. The specific words requiring interpretation;
b. Citation of the disputed decision or interpretation of the zoning inspector or other county official;
c. A statement of the interpretation proposed by the appellant; and
d. Citation of authority, if any, for the position of the appellant.
3. The department may require additional information.
4. Incomplete applications shall not be processed.
C. Staff review:
1. The zoning inspector or other county official shall prepare a written response to the application, which shall contain a statement of the interpretation used.
2. The response shall be submitted to the board, mailed to the appellant and be made available to the public at least fifteen days prior to the public hearing.
3. No further written statements shall be submitted to the board prior to the public hearing.
D. Public notice: No less than fifteen days prior to a public hearing, notice shall be given by:
1. Publication once in a newspaper of general circulation in the county; and
2. Mailing notice to the appellant.
1. The board shall hold a public hearing on the interpretation, at which all interested persons may be heard.
2. Testimony and argument shall be limited to the provision in question. Facts relating to specific applications of the provision in question shall be considered as relevant only insofar as they are examples of the general application of the provision throughout the county.
3. The board may require that additional information be provided.
4. The board may continue the public hearing to a definite time, not to exceed three months.
F. Board action:
1. The board may act on the matter following the public hearing or continue the matter for a maximum of three months;
2. If new information is presented within thirty days of the decision, the board may rehear the matter;
3. The interpretation shall be made in writing;
4. Transmittal: The department shall transmit the action of the board to the appellant, zoning inspector, other boards of adjustment, planning and zoning commission and board of supervisors.
(Ord. 1985-188 § 1 (part), 1985)