A. Purpose: The purpose of the interpretation procedure is to:
1. Provide a uniform mechanism for requesting and rendering formal written interpretations of this UDC; and
2. Provide for consistent decision making for substantially similar applications.
B. Applicability: Any person with a discernible interest in matters governed by this UDC may file a request for an administrative interpretation. The Manager may decline to provide an interpretation.
C. Interpretation Process:
1. Decision:
a. Responsibility: Responsibility for making interpretations of provisions of this UDC is assigned as follows:
(1) The Manager shall be responsible for all interpretations of the provisions of this UDC relating to zoning and subdivision, including but not limited to:
(a) Interpretations as to which is the stricter and thus controlling provision in case of conflict with the UDC and other provisions of this Code;
(b) Interpretations of compliance with a conditional of approval;
(c) Interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zone district;
(d) Interpretations about the applicability or requirements of a development standard; and
(e) Interpretations of the zone district boundaries on the Zoning Map.
(2) The City Engineer or Stormwater Enterprise Manager shall be responsible for interpretation of the engineering provisions in the text of the UDC.
b. Interpretation: The staff responsible for making the interpretation shall review the request for interpretation, consult with the City Attorney and affected City officials, and render a decision based on the following specific approval criteria:
(1) General Interpretation: The interpretation shall be consistent with:
(a) The purposes of this UDC;
(b) The purposes of the zone district (including overlay districts, if applicable) in which the property is located;
(c) Common use of words in the English language if the interpretation is based on the meaning of specific words that are not defined in this UDC, adopted City regulations, or the Colorado Revised Statutes; and
(d) Prior interpretations of the UDC on similar or related topics, to the maximum extent feasible, unless a modification or replacement of a prior interpretation would be more consistent with the criteria in Subdivisions (a) through (c) above.
(2) Use Interpretation:
(a) The Manager shall determine if the proposed use is included in the definition of a listed use or is so similar to a listed use that it should be treated as the same use.
(b) When determining the level of permission or associated use-specific standards, the size, scale, operating characteristics, multimodal traffic impacts, storm drainage impacts, utility impacts, and neighborhood impacts of the proposed use shall be considered.
(c) The Manager shall consult with the City Attorney and affected City officials before rendering the interpretation.
2. Post-Decision Actions or Limitations: The decision on an application for interpretation is subject to the following:
a. Notice:
(1) The Manager shall inform the applicant in writing of the interpretation, stating any specific precedent, the reasons, and the analysis upon which the determination is based.
(2) The decision shall be in writing and made available to the public.
b. Effect of Approval:
(1) The Manager, City Engineer, Stormwater Enterprise Manager, and other City administrative officials shall consider prior interpretations when making decisions related to the same provision of this UDC or the Zoning Map in substantially similar circumstances, unless a higher decision-making body makes a different interpretation, or this UDC is amended to treat the interpretation differently, or the interpretation is reversed or modified on appeal to a court of law.
(2) No written interpretation shall authorize the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of petitions for any permits and approvals that may be required by the ordinances of the City.
(3) A land use determination finding a particular use to be permitted or allowed as a conditional use in a particular zone district, shall be deemed to authorize only the particular use for which it was issued, and such interpretation shall not be deemed to authorize any allegedly similar use for which a separate land use determination has not been issued.
c. Official Record of Interpretations: The Manager shall maintain a record of written interpretations that shall be available for public inspection, on reasonable request, during normal business hours.
D. Criteria for Interpretations: All interpretations shall be based on the review criteria in Subsection 7.5.407D.3.c (City Council) and the following:
1. Text Provisions: Interpretation of text provisions and their petition shall be based on the following considerations:
a. The clear and plain meaning of the provision's wording, as defined by the meaning and significance given specific terms used in the provision as established in Section 7.6.301 Definitions) and by the common and accepted usage of the term;
b. The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history to its adoption;
c. The general purposes served by this UDC as set forth in Section 7.1.103 (Purpose);
d. Consistency with the Colorado Springs Comprehensive Plan and other plans adopted by City Council; and
e. Consistency with the measurement standards of this UDC including Section 7.6.110.
2. Zoning Map Boundaries: Interpretation of zone district boundaries on the Official Zoning Map shall be in accord with the standards in Section 7.6.109 (Zone District Boundaries) and consistent with the Colorado Springs Comprehensive Plan and other plans adopted by City Council.
3. Use Regulations: Interpretations of land use determinations shall be based on the following considerations:
a. Any listed use defined in Section 7.6.301 Definitions) shall be interpreted as defined in that Part;
b. No land use determination shall authorize any use in any zone district unless evidence is presented demonstrating that it will comply with the general regulations established for that particular zone district;
c. No land use determination shall authorize any use in a particular zone district unless such use is substantially similar to other uses specifically listed as permitted or conditional in such zone district and is more similar to such uses than to other uses listed as permitted or conditional in another zone district;
d. If the proposed use is most similar to a use allowed only as a conditional use in the zone district, then any land use determination authorizing such use shall be subject to conditional use approval pursuant to Section 7.5.601 (Conditional Use); and
e. No land use determination shall allow the establishment of any use that would be inconsistent with the statement of purpose of the zone district in question, unless such use meets the standard of either Subsections b or c above. (Ord. 23-03)