Property owners and developers often seek interpretations of the Development Code or Comprehensive Plan from the Director or other city staff persons. These interpretations may be "major" in that they apply to a large geographic area, for example, all properties within a given zoning district, or they may be "minor," applying only to a specific site or area. Through the process identified in this chapter an applicant can obtain an official written interpretation from the City.

Requests for interpretation may be made for the following purposes:

A.

Reconcile potential conflicts in the code where some terms or phrases may have two or more meanings.

B.

Assure uniformity of Code and Comprehensive Plan interpretations through a formal process; and

C.

Provide for a reasonable opportunity to appeal staff interpretations while protecting owners, users, or developers of property from appeals that might otherwise be filed after an unreasonable delay.

Any person may file a request for interpretation of provisions of these regulations. Requests shall be in writing that is legible, reproducible and readily understood. The form of the request shall be as specified by the Director.

The Director shall review a request for interpretation within ten working days to verify that the request meets the requirements specified above. If a request for interpretation does not meet the requirements, the applicant shall be notified and given the opportunity to correct the deficiency. The Director may consult with the City Attorney to determine whether the request is "major" or "minor."

A.

Once a request has been accepted for review, the Director shall notify affected parties that a request for a minor interpretation has been filed.

B.

Affected parties shall mean any owner and occupants of property within 100 feet of the subject property and any other resident owner of property whom the Director determines is affected by the application. In addition, notice shall be provided to any neighborhood or community organization recognized by the City whose boundaries include or are adjacent to the site.

C.

The notice shall state that all comments concerning the interpretation must be in writing and received by the Director within 14 calendar days from the date of mailing the notice. The notice shall include the following:

1.

Street address or other easily understood geographical reference to the subject property;

2.

Applicable criteria for decision;

3.

Place, date and time comments are due;

4.

Indicate that copies of all evidence relied upon by the applicant is available for review, and that copies can be obtained at cost;

5.

Name and phone number of staff contact person;

6.

Statement that notice of the decision shall be provided to the applicant and any person who submits comments;

7.

An explanation of appeal rights;

8.

A summary of the local decision making process.

After accepting a request for an interpretation meeting the requirements specified above, the Director may route copies of the request to other City departments for comments or suggestions regarding the interpretation.

A.

Within 30 calendar days after acceptance of a completed request for interpretation, the Director shall respond with a written interpretation. The Director shall clearly state the interpretation being issued and basis for such interpretation.

B.

Interpretations by the Director are advisory only and do not bind the Planning Commission or City Council in making the final decisions.

C.

The Director may modify previously issued interpretations if there are specific circumstances that warrant such modification.

A notice of decision and all applicable information shall be available in the Planning and Development office. Notification of the decision shall also be provided to the public in the following ways:

A.

Major Interpretation: Where the Director finds that an interpretation applies to a large geographic area, for example, all properties within a given zoning district, notice of the decision shall be published in a newspaper of general circulation in Sandy that includes a statement of the decision and reasons leading to it, and appeal period deadline.

B.

Minor Interpretation: Where the Director finds that an interpretation applies only to an individual site or small area of the City, the Director shall provide the applicant with a notice of decision that includes a written statement of the decision, a reference to findings leading to it, any conditions of approval, and appeal period deadline. A notice of the decision shall also be mailed to persons who provided written comment on the mailed notice.

The decision of the Director may be appealed to the Planning Commission in accordance with Chapter 17.28—Appeals.

The decision of the Director shall become effective ten days from the date that the notice of decision is published, unless an appeal is filed.

A written record of the decision shall be kept on file with the Planning Department. As appropriate, interpretations will be incorporated into the Code through a code amendment.