A. Interpretation And Application: In their interpretation and application, the provisions of this Title are held to be minimum requirements except where they are expressly stated to be otherwise. No provision of this Title is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the City, except as specifically repealed herein, or deed restriction, covenant, easement, or other agreement between parties, provided that where this Title imposes greater restrictions or regulations than are imposed by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, this Title shall control.
B. Allowable Uses Of The Land: If a proposed use of land is not specifically listed in any chapter or section, the use shall not be allowed, except as follows.
1. The Planning Director may determine that a proposed use not listed in any chapter or section is allowable if all of the following findings are made:
a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the district;
b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and
c. The proposed use will be consistent with the goals, objectives and policies of the General Plan.
2. When the Planning Director determines that a proposed, but unlisted, use is equivalent to the listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of the Zoning Code apply.
3. It is within the discretion of the Planning Director to forward questions about equivalent uses directly to the Planning Commission for a determination at a public hearing.
C. Procedure For Interpretations: The Planning Director shall respond in writing to any request for interpretation of the provisions of this Title.
1. Request For Interpretation: The request shall specifically state the provisions(s) in question, and provide any information to assist in their review.
2. Record Of Interpretations: Whenever the Planning Director determines that the meaning or applicability of any of the requirements of this Title are subject to interpretation generally or as applied to a specific case, the Planning Director may issue an official interpretation. Official interpretations shall be:
a. In writing, and shall quote the provisions of this Title being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and
b. Distributed to the City Council, Planning Commission, City Manager, City Attorney, City Clerk, and Department staff.
Any provisions of this Title that are determined by the Planning Director to need refinement or revision will be corrected by amending this Title as soon as practical. Until amendments can occur, the Planning Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation.
3. Appeals And Referral: Any interpretation(s) of this Title by the Planning Director may be appealed to the Planning Commission as provided in Section 11-17-4 of this Title and the decision of the Planning Commission may be appealed to the City Council as provided in Section 11-20-5 of this Zoning Code. The Planning Director may also refer any interpretation to the Planning Commission for discussion, direction, or approval. (Ord. 527, 8-4-1997)