Some terms or phrases within this chapter may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of this chapter text.
(A) Authorization of similar uses. The City Planning Official or Planning Commission may rule that a use not specifically listed among the allowed uses in a zone is permitted, or permitted with conditions (subject to a conditional use permit), if it is similar to a use that is specifically allowed in the zone with respect to its effect on adjacent properties. However, uses and activities that this chapter specifically prohibits in the subject zone, and uses and activities that the Planning Commission finds to be are similar to those that are prohibited, are not allowed.
(B) Code interpretation requests. A request for a code interpretation shall be made in writing to the Planning Official. Where the Planning Official finds that this chapter is not clear, he or she shall refer the request to the Planning Commission for its interpretation; the Commission may choose to refer the request to the City Council if it pertains to legislative intent. The Planning Official shall advise the person making the inquiry in writing as to whether the Planning Commission or City Council will review the request within 14 days after the request is made on whether or not the city will make an interpretation.
(C) Written interpretation. If the Planning Commission decides to issue an interpretation, it shall do so at its next regularly scheduled Planning Commission meeting; alternatively, the Council may schedule a public hearing pursuant with division (D) below. Within ten days of the Planning Commission’s decision, the Planning Official shall mail or deliver the decision in writing to the person requesting it, to any other person who specifically requested a copy of the decision and to those who provided public hearing testimony on the interpretation. The decision shall become effective 14 days after the date it is mailed/delivered.
(D) Referral to public hearing. Prior to an interpretation becoming effective, any member of the public may request a public hearing on the matter by submitting a letter requesting a hearing to the Planning Official. Public hearings shall be conducted pursuant to § 153.208.
(E) Interpretations on file. The city shall keep on file a record of all code interpretations.
(Ord. 1267, passed 1-3-2012)