A. Purpose
The purpose of this section is to provide a uniform mechanism for rendering formal written interpretations of this Code.
B. Authority
The Development Services Director shall be responsible for making interpretations of all provisions of this Code—including, but not limited to, interpretations of the text of this Code, interpretations of the zoning district boundaries, interpretations of compliance with a condition of approval, and interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district.
C. Interpretation Procedure
1. Step 1: Pre-Application Meeting
Optional (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.), except that an application for a formal written interpretation may be initiated by the City Commission, P&Z, any resident or landowner, or any person having a contractual interest in land in the city.
4. Step 4: Staff Review and Action
Applicable to a rendering of a written interpretation by the Development Services Director (See Section 155.2304.), except that the Development Services Director shall consult with the City Attorney and affected city officials before rendering the interpretation.
5. Step 5: Public Hearing Scheduling and Notice
Not applicable.
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
Not applicable.
D. Interpretation Standards
1. Zoning Map District Boundaries
2. Unspecified Uses
Interpretation of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district shall be based on the standards in Section 155.4101, Principal use classification system and Section 155.4601, Interpretation of Unlisted Uses, and the comprehensive plan.
3. Text Provisions
b. The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history to its adoption;
c. The general purposes served by this Code, as set forth in Section 155.1103, General Purpose and Intent; and
d. Consistency with the city's comprehensive plan.
E. Appeal
A party aggrieved by the written interpretation rendered by the Development Services Director which authorizes a development order or prohibits specific development at a particular property or site may appeal the decision to the ZBA in accordance with the procedures in Section 155.2424, Appeal. Written interpretations rendered by the Development Services Director that do not authorize or prohibit specific development at a particular property shall not be appealed.
F. Official Record of Interpretations
The Development Services Director shall maintain a record of written interpretations that shall be available for public inspection, on reasonable request, during normal business hours.
A written interpretation shall be binding on subsequent decisions by the Development Services Director or other city administrative official in applying the same provision of this Code in the same circumstance.