Code Interpretations

• by Topic
• by Code Section
• by Year

Frequently Asked Questions
Archived Interpretations
Contact Form

Code Interpretations by Topic

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Code Interpretations by Code Section

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Code Interpretations by Year

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Frequently Asked Questions

What are “code interpretations,” “policy memos,” and “rules”?

• A “code interpretation” is a formal memo explaining how the City interprets and applies regulations in the Land Development Code (LDC). Code interpretations are appropriate if:
  • A regulation can be read in different ways; and 
  • Providing clarification would benefit broad categories of development, rather just a specific project or permit application.
     
• A “policy memo” is less formal and used to provide updates or explanations on administrative process, rather than interpretations of the LDC.
   
• An “administrative rule” is a regulation adopted by an individual department and codified in a criteria manual, like the Environmental, Drainage, or Transportation criteria manuals.  Unlike a code interpretation or policy memo, administrative rules adopt requirements implementing the LDC and are subject to procedures specified in City Code Chapter 1-2 (Adoption of Rules). Administrative rules can be found on the MuniCode website.

What is the “Code Interpretation Library”?

The Library catalogs code interpretations the City uses as an aid to applying regulations governing site development, subdivision, and technical (construction) codes included in the LDC.  The Library also provides departmental policy memos that address the process by which development applications are reviewed and approved.  The library is organized by topic, code section, and date.

DSD maintains the Code Interpretation Library in consultation with other City departments involved in administering site development regulations.  New interpretations are posted as they’re issued, and the site will be updated regularly to include older interpretations based on ongoing review.

How can I request a code interpretation?

Written code interpretations like those included in this library, are optional tools intended to provide greater clarity for those involved in or affected by the development process. Obtaining a code interpretation is never required to submit a development application, nor is every LDC requirement covered by a written interpretation.

A code interpretation may be requested by City staff or members of the public seeking clarification on LDC regulations administered by DSD.

To request a code interpretation, members of the public may submit this form.
The request should include the following information:

• A list of the LDC section(s) for which a code interpretation is requested;
• The reasons why the requestor believes a code interpretation is necessary in order to clarify the listed LDC section(s);
• Examples, if the requestor is aware of any,of how the code section(s) have been interpreted or applied; and
• Any additional information the requestor believes is relevant to the proper interpretation of the listed LDC section(s).

How does DSD issue code interpretations?

Upon receiving a request for a code interpretation, the Building Official or Development Officer will issue an interpretation within 60 calendar days or explain why an interpretation will not be issued.  DSD’s decision not to issue an interpretation is final.

DSD may also issue code interpretations on its own initiative.  All interpretations, whether issued in response to a request or at the City’s initiative, will be emailed to the DSD Listserve and Community Registry and published on the Code Interpretation Library.

For general questions about the process, submit this form.

What is the effect of a code interpretation?   

Once a code interpretation is issued, DSD will follow the interpretation unless Council amends the LDC section(s) for which the interpretation was issued or DSD determines that an interpretation was issued in error.  If a code interpretation is determined to conflict with the Land Development Code (LDC) or other applicable regulation, the LDC controls over the code interpretation.

Archived Interpretations

Archived interpretations are provided for historical reference and are not applicable to projects subject to more recent regulations.

• CI2018-0425 - Components of a Habitable Attic

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