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(A) This chapter shall be interpreted, whenever an administrator or the judiciary is called upon to do so, in conformance with the purposes intended by the City Council, to be served by its enactment. The intent of the standards and supporting definitions is to protect both individual property owners and the general public from adverse impacts which might otherwise be the result of a proposed use. To this end, those called upon to interpret this chapter shall proceed as follows:
(1) Determine the public purpose(s) of the standard(s) with respect to which an interpretation is required. Before any zoning interpretation is made, there must be an explicit identification of the purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable negative impact or potential impact. A sound interpretation of any such standard cannot be insured without a careful analysis of the end to which the regulation is directed.
(2) Determine the actual impact of a proposed interpretation. There is a critical distinction between an interpretation which provides a greater degree of design freedom to achieve a permitted land use and an interpretation which permits a new or not previously permitted use or which allows a use to be enlarged or have its intensity increased beyond the degree specified in the ordinance.
(3) Determine that the proposed interpretation will insure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal. If an interpretation merely would allow a design solution which is more flexible, albeit slightly different from the one expressly stated and if it results in no less a degree of protection to any affected party, such an interpretation may be appropriately made. Any interpretation which would result in any identifiable loss of protection or which would increase the nuisance potential of any use should not be made by an administrator. Any interpretation which will result in any loss of protection or increase in intensity beyond that already permitted should only be made when the party interpreting the ordinance has the power to impose additional restrictions or conditions to protect the public and exercises this power.
(B) All interpretation should be recorded in writing at the City Secretary's office. Such records shall be used for future review as related issues arise so that consistency between actions over time can be assured. All records of ordinance interpretations shall include both consenting and/or dissenting opinions from all parties.
(Ord. 671, passed 4-15-86)