All questions of interpretation and enforcement related to zoning or subdivision approvals shall be first presented to the department, and then such questions may be presented to the Zoning Board of Appeals only on appeal from the decision of the department, in accordance with the provisions of section 8-14-12, "Appeals", of this chapter.
A. Official Record: The department shall maintain a record of all interpretations rendered pursuant to this section. This record shall be available for public inspection through the department, upon reasonable request, during normal business hours.
B. Unlisted Uses:
1. General: Determining the classification of a use that is not explicitly addressed by this title is an administrative interpretation.
2. Standards For Decision: The department shall place uses that are not listed in chapter 2, "Permitted Uses", of this title, or defined in chapter 16, "Definitions", of this title, into the most functionally similar category. For nonresidential uses, a recognized land use classification system (such as the North American Industrial Classification System, NAICS) may serve as a guideline for determining related land uses. In determining an appropriate listed use, the interpretation shall seek similar characteristics, including the use's intensity and its likely adverse impacts. Where a choice remains after reviewing for adverse impacts, the use should be classified with the similar use that has the most adverse impacts.
C. Meaning Or Application Of Standards: When evaluating a provision of this title as to its meaning or application, the provisions of this section shall be applied. Interpretations of the meaning or application shall not lessen protection, but may provide greater flexibility in meeting this title's objectives. Determining the provision's public health, safety, and welfare purposes should guide the decision.
D. Adverse Consequences Of An Interpretation: Adverse consequences of an interpretation must be determined. If there are adverse consequences to neighbors, the environment, infrastructure, quality of life, or an unintended consequence, the interpretation should be denied. If there are no consequences or the consequences are positive, the interpretation should be approved. (Ord. 10-001, 1-12-2010)