Some terms or phrases within this Code may be unclear or have 2 or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text.
(A) Authorization of similar uses. Where a proposed use is not specifically identified by this Code, or the Code is unclear as to whether the use is allowed in a particular zone, the Planning Official may find the use permitted or allowed subject to conditional use permit only if it is found to be similar to another use that is permitted or allowed conditionally in the subject zone. However, uses and activities that this Code specifically prohibits in the subject zone, and uses and activities that the Planning Official finds are similar to those that are prohibited, are not allowed.
(B) Code interpretation procedure. Requests for code interpretations, including but not limited to similar use determinations, shall be made in writing to the Planning Official and shall be processed as a Type II review per § 151.232.
(1) The Planning Official may request the matter be heard by the Planning Commission through a Type III process. If so, the Planning Official within 14 days of the inquiry shall advise the person making the inquiry in writing as to when the Planning Commission will make a formal interpretation.
(2) Where an interpretation requires discretion, the Planning Official shall inform the person making the request that Planning Commission review is required and advise the applicant on how to make the request. At a minimum, an application for code interpretation shall include a letter citing the nature and reasons for the request and the city fee for quasi-judicial review. The Planning Commission then shall review relevant background information, including but not limited to other relevant Code sections and previous city land use decisions, and follow the quasi-judicial review and public hearing decision making procedures in § 151.233.
(C) Referral to City Council. Where a code interpretation may have significant citywide policy implications, the Planning Commission may bypass the Type III procedure and refer the request directly to the City Council for its legislative review in a public hearing; such public hearings shall be conducted following the procedure of § 151.234.
(D) Written interpretation. Following the city decision on a code interpretation application, the Planning Official shall mail or deliver the city's decision in writing to the person requesting it, to any other person who specifically requested a copy of the decision, and to those who provided public testimony, as applicable. The decision shall become effective when the appeal period for the decision expires.
(E) Interpretations on file. The city shall keep on file a record of its code interpretations.
(Ord. 2021-08-02, passed 10-12-2021)