(A) Purpose. This interpretation authority is not intended to add or change the essential content of this chapter. The interpretation authority is intended to recognize that the provisions of this chapter, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. Such issues may often be addressed by reference to general circumstances that the specific provision was intended to address.
(B) Initiation. Applications for zoning interpretations may be filed by an owner of any property in the city. In addition, the City Council or the Planning Commission may request that the Community Development Department render an interpretation. All applications for interpretations shall be filed with the city in accordance with § 153.027. No person may request an interpretation for purely academic purposes. The interpretation must be for the purpose of furthering some actual development or active zoning issue.
(C) Procedure. The Community Development Department shall review a request for an interpretation and render the interpretation within 30 business days. The city shall have the ability to request additional information prior to rendering an interpretation.
(D) Authority and execution. The Community Development Department and City Attorney shall review and make final decisions on requests for interpretations. Nothing in this section shall require the Community Development Department or City Attorney to make an interpretation if they are of the opinion that the exposure to liability for the city on account of the interpretation outweighs the benefit to the requestor. Such final interpretations shall be brought before the City Council.
(Ord. 596, passed 2-8-2010)