Zoneomics Logo
search icon

Bluffdale City Zoning Code

11.360 ADMINISTRATIVE

INTERPRETATION

11.360.010 Purpose

The interpretation authority established by this chapter is intended to recognize that the provisions of this title cannot as a practical matter address every specific situation to which these provisions may have to be applied. Many of these situations can be resolved or clarified by interpreting the specific provisions of this title in light of the general and specific purposes for which those provisions were enacted. This interpretation authority is administrative rather than legislative. It is intended only to allow authoritative application of the provisions of this title to specific cases. It is not intended to add to or change the essential content of this title. (Ord. 2018-08, 3-28-2018)

HISTORY
Amended by Ord. 2018-08 on 3/28/2018

11.360.020 Authority

The Zoning Administrator is authorized to render interpretations of the provisions of this title, and any rule or regulation adopted pursuant thereto, as provided in this section. Generally this includes use and language interpretations. (Ord. 2018-08, 3-28-2018)

HISTORY
Amended by Ord. 2018-08 on 3/28/2018

11.360.030 Procedure

A request for a written administrative interpretation shall be processed as provided in this section. Applications for interpretations may be filed only by a property owner having need for an interpretation or by the property owner's authorized agent.

  1. A complete application shall be submitted to the Zoning Administrator and shall include at least the following:
    1. The name, address, email, and telephone number of the applicant and the applicant's agent, if any.
    2. The address and parcel number of the subject property.
    3. The specific provision or provisions of this title for which an interpretation is requested.
    4. The facts of the specific situation giving rise to the request for an interpretation.
    5. The precise interpretation claimed by the applicant to be correct.
    6. When a use interpretation is requested the application shall include a statement explaining why the proposed use should be deemed as included within a use category allowed by the zoning district applicable to the property and any documents, statements, and other evidence demonstrating that the proposed use will conform to all use limitations established by the zoning district applicable to the property.
    7. An application fee as indicated on the consolidated fee schedule.
  2. After a complete application is submitted, the Zoning Administrator shall review the request and make a written interpretation in accordance with the standards set forth in section 11-36-4 of this chapter.
  3. After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.
  4. A record of all administrative interpretations shall be maintained in the Office of the Zoning Administrator. (Ord. 2018-08, 3-28-2018)
HISTORY
Amended by Ord. 2018-08 on 3/28/2018

11.360.040 Administrative Interpretation Standards

  1. Administrative interpretations shall not add to or change the provisions of this title. Administrative interpretations may result in additions to or clarifications of unclear language in the ordinances, as a separate action.
  2. An administrative interpretation shall be consistent with:
    1. The provisions of this title; and
    2. Any previously rendered interpretations based on similar facts.
  3. A use interpretation shall also be subject to the following standards:
    1. A use defined anywhere in this Code shall be interpreted as provided therein.
    2. Any use specifically excluded in a list of permitted and conditional uses for a particular zoning district shall not be allowed in that zone.
    3. No use interpretation shall allow a use in a particular zoning district unless the use is substantially similar to uses allowed in that zone.
    4. If a proposed use is most similar to a conditional use authorized in the zoning district in which it is proposed to be located, any interpretation allowing such use shall require that the use be approved only as a conditional use.
    5. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the zoning district in which it would be located.
  4. Interpretations of unclear language in the ordinances shall reflect the simplest, most plain, interpretation of that language. (Ord. 2018-08, 3-28-2018)
HISTORY
Amended by Ord. 2018-08 on 3/28/2018

11.360.050 Effect Of Approval

  1. An administrative interpretation shall apply only to the property for which an interpretation is given and may in a separate process be applied City-wide.
  2. A use interpretation finding a use to be a permitted or conditional use in a particular zone shall be deemed to authorize only that use on the subject property. A use interpretation shall not authorize another allegedly similar use for which a separate use interpretation has not been issued, unless a separate process has been initiated by the City to add the use to the zoning district.
  3. A use interpretation finding a particular use to be a permitted or conditional use shall not authorize the establishment of such use nor 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 approvals or permits that may be required. (Ord. 2018-08, 3-28-2018)
HISTORY
Amended by Ord. 2018-08 on 3/28/2018

11.360.060 Appeals

Any person adversely affected by a decision of the Zoning Administrator may appeal such decision to the Appeal Authority by filing written notice of appeal with the Planning Department within ten (10) calendar days from the date of such decision. (Ord. 2018-08, 3-28-2018)

HISTORY
Amended by Ord. 2018-08 on 3/28/2018

2018-08