A. In event of need for any clarification or interpretation of the provisions of this title, the planning commission shall ascertain all pertinent facts, shall conduct a public hearing thereon, and by resolution shall set forth its findings. Persons requesting such clarifications or interpretations shall be given prior written notice of said planning commission hearing by first class mail at least ten (10) days before the hearing. Subject to subsection C of this section, such clarifications or interpretations by the planning commission shall govern until modified by resolution adopted in like manner or by appropriate amendment to this title.
B. The authority of the planning commission prescribed by this section shall apply in all of the following cases:
1. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, subject to the additional requirements of section 10-15-1 of this chapter.
2. If ambiguity exists with reference to matters of height, yard area and other requirements.
3. If uncertainty exists with reference to a zone district boundary.
4. If an unforeseen condition arises or technological changes have been introduced which require interpretation of their impact on the provisions of this title.
5. If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this title.
C. Within ten (10) days after the date of the action of the planning commission pursuant to this section, the decision of the planning commission may be appealed to the city council by any person adversely affected by the decision or by a member of the city council. If no appeal is made in accordance with this subsection within such ten (10) day period, the decision of the planning commission shall be final. The appeal shall be filed in writing with the city clerk. Within thirty (30) days from the date the appeal is filed with the city clerk, the city council shall conduct a hearing and adopt a resolution containing the decision on the appeal. Notice of such hearing shall be given by publication pursuant to subsection 10-22-4B1 of this title and by first class mail to the person making the appeal (except a member of the city council) not less than ten (10) days before the date of the hearing. The decision of the city council shall be final. (Ord. 99-01, 3-9-1999)