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A. Purpose: The provisions of this title, though detailed and extensive, cannot as a practical matter address every specific situation to which these provisions may be applied. This section allows the Zoning Administrator to interpret a provision of this title in light of the general and specific purposes for which it was enacted and as applied to specific circumstances.
B. Authority: The Zoning Administrator is authorized to render interpretations of the provisions of this title, and any rule or regulation adopted pursuant thereto, as provided in this section.
C. Initiation: Any person may request an administrative interpretation as provided in subsection D1 of this section.
D. Procedure: An application for an administrative interpretation shall be considered and processed as provided in this subsection.
1. A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the City's schedule of fees. The application shall include at least the following information:
a. The name, address and telephone number of the applicant and the applicant's agent, if any;
b. The specific provision or provisions of this title for which an interpretation is requested;
c. Specific facts of the situation which illustrate the need for an administrative interpretation;
d. The interpretation claimed by the applicant to be correct; and
e. When a use interpretation is requested the application shall include:
(1) A statement explaining why the proposed use should be deemed as included within a use category allowed by the zone applicable to the property; and
(2) Documents, statements, and other evidence demonstrating that the proposed use will conform to all use limitations established by the zone applicable to the property.
2. After the application is determined to be complete, the Zoning Administrator shall review the request and make an interpretation in accordance with the standards set forth in subsection E of this section.
3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.
4. A record of all administrative interpretations shall be maintained in the Office of the Zoning Administrator.
E. Standards For Making Administrative Interpretations: The following standards shall apply to administrative interpretations:
1. Administrative interpretations shall not add to or change the provisions of this title.
2. Questions about the location of zone boundaries shall be resolved by applying the standards set forth in section 10-11-4 of this title.
3. An administrative interpretation shall be consistent with:
a. The provisions of this title; and
b. Any previously rendered interpretations based on similar facts.
4. A use interpretation shall also be subject to the following standards:
a. A "use" defined in section 10-3-4 of this title shall be interpreted as provided therein;
b. Any use specifically listed as "not permitted" in a table of permitted and conditional uses for a particular zone shall not be allowed in that zone;
c. No use interpretation shall allow a use in a zone unless evidence is presented demonstrating the use will conform to development standards established for the zone;
d. No use interpretation shall allow a use in a particular zone unless the use is substantially similar to a use allowed in the zone;
e. If a proposed use is most similar to a conditional use authorized in the zone in which it is proposed to be located, any interpretation allowing such use shall require that the use be approved only as a conditional use pursuant to section 10-7-9 of this chapter; and
f. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the zone in which it would be located. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
F. Appeal Of Decision: Any person adversely affected by an administrative interpretation rendered by the Zoning Administrator may appeal to the Appeal Board in accordance with the provisions of section 10-7-19 of this chapter. (Ord. 2018-12, 10-18-2018)
G. Effect Of Approval: An administrative interpretation shall apply only to the property for which an interpretation is given.
1. A use interpretation finding a use to be a permitted or conditional use in a particular zone shall be deemed to authorize only that use on the subject property. A use interpretation shall not authorize another allegedly similar use for which a separate use interpretation has not been issued.
2. A use interpretation finding a particular use to be a permitted or conditional use shall not authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of this Code. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)