A. The purpose of this section is to provide a means for resolving uncertainty or ambiguity as to the meaning or intent of any provision of this title, including:
1. Further definition and enumeration of the uses permitted in the various zones;
2. Determination of parking space requirements for uses not specifically listed in the vehicular provisions of this title;
3. Determination of the precise location of zone boundaries, or minor adjustment thereof to conform to lot lines.
B. Except in the case of zone boundary determinations, each interpretation made under this section is generally applicable to all future situations of the same type and with similar circumstances, and is not limited or directed to specific properties or circumstances thereon.
C. Initiation. The preparation of an interpretation may be initiated by order of the City Council or the Planning Commission, by the Director, or by application pursuant to § 20.400.040. An interpretation shall not be initiated when a zoning ordinance text amendment or change of zone involving the same issue has been initiated and is still under consideration.
D. Basis for Interpretation. An interpretation shall be based upon an examination of the intent of this title considering all the relevant provisions thereof, and shall be consistent with such intent. Careful consideration shall be given to the similarities and differences among the uses permitted, development standards, and other regulations applicable to the various zones.
E. Preparation. Within forty (40) days after the initiation of an interpretation request, the Director shall prepare a written interpretation and transmit it to the City Council and Planning Commission.
F. Notice. Upon transmittal of an interpretation to the City Council and Planning Commission, public notice that such interpretation has been prepared shall be given in the same manner as for a zoning ordinance text amendment (See: § 20.416.020), or in the case of a zone boundary determination, notice shall be made in the same manner as for a change of zone (See: § 20.416.010). The notice shall explain that the interpretation may become effective without a hearing unless a written request for a hearing is received.
G. Commission hearing and action.
1. If a written request for a hearing is received from any interested party within ten (10) days after notice is made, the Planning Commission shall conduct such hearing. If no such request is made, the Commission may consider the matter without hearing, and the matter may be placed on the Commission agenda as a consent calendar item.
2. The Planning Commission may adopt, modify, or disapprove an interpretation as submitted by the Director, or may refer the matter back to the Director for further study. The Planning Commission shall act within forty (40) days after transmittal of an interpretation from the Director, except that a referral back to the Director is considered as an initiation of an other interpretation.
3. Planning Commission action on an interpretation is final unless appealed pursuant to Chapter 20.424. Failure to act shall be deemed an approval thereof.
H. If the Planning Commission action on an interpretation is appealed, the City Council shall hear and decide the matter with notice given in the same manner as the initial notice under paragraph F. of this section.