(A) Authority. Interpretations of all provisions of this ZDO shall be made by the Zoning Administrator, including: interpretations of the text of this ZDO; interpretations of the zoning district boundaries; and interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district.
(B) Initiation. A written interpretation may be requested by the City Council, the Planning Commission, the BZA, the DRB, any resident or landowner, or any person having a contractual interest in land in the city.
(C) Procedure.
(1) Submission of request for interpretation. Before a written interpretation shall be provided by the Zoning Administrator, a request for interpretation shall be submitted to the Zoning Administrator in writing on a form established by the Zoning Administrator and made available to the public, along with a non-refundable fee.
(2) Determination of completeness. Within five business days after a request for interpretation has been submitted, the Zoning Administrator shall determine whether it is complete.
(a) If the Zoning Administrator determines the request is not complete, a notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the request for interpretation until the deficiencies are remedied. If the applicant fails to respond to the deficiencies within 20 business days, the request for interpretation shall be considered withdrawn.
(b) When the request for interpretation is determined complete, the Zoning Administrator shall review the request and render an interpretation in accordance with the procedures and standards of this section.
(3) Rendering of interpretation. After the request for interpretation has been determined sufficient, the Zoning Administrator shall review and evaluate the request in light of the Comprehensive Plan, this ZDO, the official zoning map, and other relevant codes and statutes, consult with the City Attorney and other affected city staff, and then render an interpretation.
(4) Form. The interpretation shall be in writing, approved as to form by the City Attorney, and sent to the applicant by mail after the interpretation is made by the Zoning Administrator.
(D) Appeal. Any aggrieved party objecting to any other written interpretation from the Zoning Administrator may appeal the interpretation to the BZA in accordance with § 162.03-15, Appeals.
(E) Official record. The Zoning Administrator shall maintain a record of written interpretations that shall be available for public inspection, upon reasonable request, during normal business hours.
(Ord. 05-10, passed 3-23-10)