The following general rules shall apply for interpreting the terms and provisions of this code.
(A) Tenses, plurals, gender and persons. Words used in one tense or form shall include other tenses and derivative forms. Words used in the singular number shall include the plural and words used in the plural shall include the singular. The masculine gender shall include the feminine and the feminine gender shall include the masculine. The word "person" includes individuals, firms, corporations, associations, trusts and any other similar entities, including the federal government, another city, county or school district, except as exempt by law.
(B) Illustrations and photographs. Illustrations and photographs are included in this code for illustrative purposes only. In case of any difference of meaning or implication between the text of this chapter and any illustration, the text shall control.
(C) Lists and examples. Unless otherwise specifically indicated, lists or examples that use terms such as "for example," "including," and "such as," or similar language are intended as examples and are not lists of all possibilities.
(D) Computation of time. If a deadline or required date of action falls on a Friday, Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next business day. References to days are calendar days unless otherwise stated.
(E) References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition, unless otherwise specifically stated.
(F) Mandatory and permissive terms. The words "shall," "must," and "will" are mandatory, establishing an obligation to comply with the particular provision. The words "may" and "should" are permissive.
(G) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: "And" indicates that all connected items, conditions, provisions or events apply; and "Or" indicates that one or more apply.
(H) Interpretations. The Director has final authority to determine the interpretation or usage of terms used in this chapter. Any person may request an interpretation of any term by submitting a written request to the Director, who shall respond in writing within 15 days. The Planning and Zoning Department shall keep a public record of all interpretations and determinations rendered.
(1) The actual characteristics of the use in relation to the stated characteristics of each use type;
(2) The relative amount of site area or floor space and equipment devoted to the activity;
(3) Relative amounts of sales from each activity;
(4) The customer type for each activity;
(5) The relative number of employees in each activity;
(6) Hours of operation;
(7) Building and site arrangement;
(8) Vehicles used with the activity;
(9) The relative number of vehicle trips generated by the use; and
(10) How the use advertises itself.
(J) Use interpretation standards.
(1) No similar use interpretation shall allow a use that is a permitted or conditional use in any other zoning district.
(2) No similar use interpretation shall permit any use in any zoning district unless evidence presented demonstrates it will comply with all applicable use standards, requirements and standards of this code.
(3) No similar use interpretation shall permit any use in a zoning district unless it is more similar to uses listed for the respective zone than it is to permitted or conditional uses in other zoning districts.
(4) If the proposed use is more similar to a use allowed only as a conditional use in the zoning district in which it is to be located, then that use shall require a conditional use permit.
(K) Effect of similar use interpretation. No similar use interpretation finding a particular use to be permitted or conditionally permitted shall authorize the establishment of such use or 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 permits and approvals required by the city codes and ordinances or other governmental agencies having jurisdiction. These include, but are not limited to conditional use permits, building permits, and certificates of occupancy.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)