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• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
• Ch. 62 - Zoning District Regulations
• Ch. 63 - Lot Development Standards
• Ch. 64 - Site Design Policies
• Ch. 65 - Nonconformities
• Informational Supplement
  • Appendix A
  • Appendix B
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  • Appendix D
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• Annexation Process
• LUP Amendment Process

CHAPTER 60 - INTRODUCTORY PROVISIONS

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60.160 INTERPRETATION OF THE ORDINANCE

60.161

Purpose:  The provisions of this section are intended to establish guidelines to follow in clarifying ambiguities that may arise regarding the meaning of text in the Ordinance, the interpretation of the zoning map it incorporates, or the application of rules and regulations adopted pursuant to the Ordinance.

60.162

Authority:  Subject to the requirements set forth in this section, the zoning administrator shall render interpretations to any provision of this ordinance or any rule or regulation issued pursuant to it.

60.163

Rounding of Numeral Requirements:  The application of ordinance standards resulting in fractional requirements shall be treated in the following way: 

Off‑Street Parking Spaces:  The requirement for a fractional space shall be rounded up to the next whole number, resulting in the provision of one full space.

Setbacks:  No rounding of fractional requirements shall occur.  When checking actual on‑site measurements, the zoning administrator shall recognize the inherent difficulty in providing for an exact building location and shall permit minor deviations to occur as long as the spirit and intent of the ordinance is met.  

Density or Floor Area:  Calculations resulting in a fractional unit may be rounded up to the next whole number. 

Height:  No rounding of fractional requirements shall occur.  When checking actual on‑site measurements, the zoning administrator shall recognize the inherent difficulties in establishing final grade lines during construction and shall permit minor deviations to occur as long as the spirit and intent of the ordinance is met. 

Plant materials:  Calculations resulting in provision of a fractional plant unit shall be rounded up to the next whole number.

60.164

Meaning of Words:  All words and terms used in this ordinance have their commonly accepted, dictionary meaning unless they are specifically defined in this ordinance or the context in which they are used clearly indicates to the contrary.  For the purpose of the ordinance, certain terms or words used herein shall be interpreted as follows:

1. All words used in the present tense include the future tense.
   
2. All words used in the singular number include the plural, and words in the plural number include the singular.
   
3. The masculine gender shall include the female and neuter.
   
4. The word "shall" is mandatory, and not discretionary, and the word "may" is permissive.
   
5. The word "building" shall include the word "structures".
   
6. The phrase "used for" includes the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".
   
7. The word "land", "property", "parcel", "premise", "tract" are all interchangeable unless the context clearly indicates to the contrary.
   
8. The word "individual" includes a "firm" "association", "organization", "partnership", "trust", "company", or "corporation" as well as a single individual.

60.165

Diagrams, Table and Figures:  Tables and illustrations labeled as figures are hereby made a part of this ordinance and given the same force and effect as if they appeared in the text of this ordinance.  Illustrations labeled as diagrams are for illustrative purposes only and do not constitute a part of the official zoning ordinance.

60.166

Interpretation:  The Zoning Administrator shall be responsible for the initial interpretation of ordinance provisions and requirements when a question arises regarding the meaning of specific provisions.  An individual may request that the Zoning Administrator provide a written interpretation according to the following procedures.

1. Submission of Request for Interpretation:   An individual requesting an interpretation shall submit a written request to the zoning administrator on a form supplied by the zoning administrator.  The completed form shall include:
   
   1. The name and address of the individual requesting the interpretation, the owner of the property (if different) and any professional or paid consultants advising the applicant with respect to the proposed development.
   2. Identification of the specific provision to be interpreted.
   3. The facts on the specific situation giving rise to the request for an interpretation.
   4. The interpretation claimed by the applicant to be correct.
   5. In the case of a use interpretation, a complete description of the proposed use and a listing of permitted uses in the applicable zoning district which are most similar to the proposed use.
      
      Before rendering an interpretation, the zoning administrator may request such further facts and information as in his judgment is necessary to permit a meaningful interpretation of the provision question.
      
      
2. Preparation of Report:  Within five (5) days following the receipt by the zoning administrator of a completed request or application for interpretation, the zoning officer shall mail a written copy of interpretation to the applicant.  The zoning administrator shall state the specific precedent, reasons, and analysis on which such interpretation is based.  The failure of the zoning administrator to render an interpretation within such time, or such longer period of time as may be agreed to by the applicant, shall be deemed to be a rejection of the applicant's proposed interpretation on file and shall make a copy of each interpretation available for public inspection during reasonable hours.
   
   
3. Guidelines for Non-Use Interpretation:  For interpretations not involving a determination of which use category a proposed development most closely corresponds to, the zoning administrator shall use the following guidelines in rendering an interpretation:
   
   An interpretation shall not result in any identifiable loss of protection afforded to adjacent landowners (both present and future) and the general public by the regulation as originally drafted and previously interpreted.  To this end, the public purpose of the regulation should be identified, the impact of the proposed interpretation relative to this purpose considered, and a determination made that the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by the proposal and that it will not result in any identifiable loss of protection afforded to others unless the authority to impose additional conditions to protect the public exists within the framework of administering the Ordinance.
   
   
4. Guidelines For a Use Interpretation:   The following guidelines shall govern the zoning administrator in determining which use category a proposed development most closely corresponds to:
   1. No use interpretation shall allow the establishment of any use which was previously considered and rejected by the Board of Appeals on an appeal from a zoning administrator's decision where it is determined that similar or identical circumstances exist.
   2. No use interpretation shall permit a use in any district when such use is specifically listed as a permitted or conditional use in another district.
   3. No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district and is more similar to other such uses than to uses permitted or conditionally permitted in a less restrictive district.
   4. If the proposed use is more similar to a use permitted only as a conditional use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a conditional use permit pursuant to this chapter.
      
      
5. Effect of an Interpretation:  The effect of an interpretation shall be to 1) to permit an individual to file the appropriate permit or certificate application, requesting approval of a proposed development, which incorporates a site design consistent with the interpretation rendered, or 2) provide the basis for an appeal of the interpretation under the regulations of Article 60.700 of this ordinance.
   
   
6. Limitations of Interpretations:  An interpretation shall be valid without limitation on the period of time except where the Council, following the Zoning Administrator’s submittal of the Annual Report provided for in 60.166 (7), has not affirmed the interpretation or has taken action to initiate proceedings to amend the ordinance in such a manner so as to render invalid the interpretation rendered.  In such instances, if after ninety (90) days have lapsed, a proposed development which could be authorized pursuant to the initial interpretation but which is not under construction shall not be established, and the permit or certificate authorizing the development shall be void upon the date of Council auction, unless in the interest of justice, it is determined that the initial interpretation shall be made applicable to the approved development.
   
   
7. Annual Report:  The zoning administrator shall keep a record of each interpretation rendered and shall make an annual report on all use interpretations to the Council and Commission.  The report shall include any recommendations for ordinance amendments needed to clarify existing language within the ordinance.
   
   
   
   
   
   
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