The purpose of this article is to describe the authority and responsibilities for administering this UDO. It provides regulations for legal nonconforming land uses, structures, and parcels, that were lawful before the adoption, or amendment of this UDO, but which would be prohibited, regulated, or restricted differently under the current terms of this UDO or an amendment that changed applicable requirements. It also describes how the ordinance is to be enforced, the penalties resulting from non-compliance and identifies the process to follow in resolving difference in interpretation.

   A.   Role: The role of City Council in land use regulation and development approval includes considering amendments to the text of existing planning ordinances and documents and adopting or rejecting new planning documents, considering amendments to the text of the UDO and Official Zoning Map, establishing fees, hearing appeals, accepting final plats, and confirming appointments to the Planning Commission and Board of Architectural Review as submitted by the City Clerk of Council.

   B.   Powers and Duties: For the purposes of this UDO, the City Council shall have the following powers and duties:

      1.   To adopt the official Comprehensive Plan of the City of Centerville;

      2.   To determine the number, qualifications, and terms of the members of Planning Commission, Board of Architectural Review, and confirm appointments to each Board or Commission based on those determinations;

      3.   To initiate or act upon proposed amendments, supplements enactments to the UDO and changes to the Official Zoning Map, or changes to the UDO text or map per Section 5.07;

      4.   To accept final plats;

      5.   To decline to follow a recommendation of Planning Commission provided that such action is passed or approved by a majority vote of the full membership of the City Council;

      6.   To modify or postpone the payment of park fees, upon application by the property owner, as provided for in the UDO;

      7.   To monitor and insure implementation of the principles, goals, and strategies of the Comprehensive Plan; and

      8.   To adopt or amend the Official Thoroughfare Plan and the Official Zoning Map of the City of Centerville.

   A.   Role: The role of the Planning Commission in land use regulation and development approval includes responsibility for reviewing and recommending to City Council a Comprehensive Plan for the physical development of the City, the Official Transportation Plan, the Official Zoning Map and UDO amendments and/or enactments, amendments to the UDO regulations, preliminary plans and final plats, and other administrative development approvals. The Planning Commission also serves as the Centerville Board of Zoning Appeals.

   B.   Powers and Duties: For the purposes of this UDO, Planning Commission shall have the following powers and duties:

      1.   The Planning Commission shall have all the powers and duties prescribed by the Ohio Revised Code, the Charter of the City and all other applicable ordinances of the City;

      2.   Recommendation of Ordinances to Council. The Planning Commission shall have the power to draft a new ordinance or an amendment to an existing ordinance. The Planning Commission shall recommend action to the City Council on a new ordinance or an amendment to an existing ordinance;

      3.   Consultants. The City Manager, at the request of the Planning Commission, may temporarily retain the services of a consultant in special instances or circumstances to assist the Planning Commission in performing its duties;

      4.   Rules of Procedure. The Planning Commission shall have the power to adopt rules of procedure as may be necessary to perform its duties;

      5.   To make decisions on conditional uses, major site plans, variances, preliminary plans and final plats, and other administrative approvals;

      6.   To decide appeals of administrative decisions;

      7.   To approve proposed uses that are not listed as substantially similar to a permitted or conditionally permitted use listed in the UDO;

      8.   To assist with the implementation of the principles, goals, and strategies of the Centerville Forward Comprehensive Plan; (Ord. 15-25)

      9.   To grant variances to the standards of the UDO; and

      10.   The Planning Commission shall have all additional powers granted by the City Council.

   C.   Officers; Meetings; Conflicts of Interest

      1.   Composition: The Planning Commission shall consist of 7 members who are appointed by City Council.

      2.   Residency: In considering appointments or reappointments to the Planning Commission, the City Council shall consider only those applicants residing within the City.

      3.   Terms of Office: The term of office for a member of the Planning Commission shall be 4 years. Members of the Planning Commission appointed by City Council under Ordinance 13-86, hereby repealed, shall automatically be reappointed to fill their unexpired term of office.

      4.   Compensation: Members of the Planning Commission shall serve without compensation.

      5.   Vacancies: City Council shall appoint a new member to fill the unexpired term of any Planning Commission member whose place has become vacant.

      6.   Removal from Office: Removal from office shall be in accordance with the provisions of the Charter of the City of Centerville, Ohio.

      7.   Officers: A Chairperson shall be appointed by City Council from the members of the Planning Commission. The Vice-Chairperson shall be appointed by the Chairperson.

      8.   Terms of Officers: The Chairperson and Vice-Chairperson shall serve a 1 year term of office.

      9.   Meetings: The members of the Planning Commission shall hold as many meetings as are necessary to carry out their duties.

      10.   Quorum: Four (4) members of the Planning Commission shall constitute a quorum for the transaction of business. (Ord 15-16)

      11.   Voting: A majority of the quorum shall be required to adopt a motion. A minimum of four (4) votes shall be required to adopt a motion for UDO text and zoning map amendments. (Ord. 15-16)

      12.   Meeting Minutes: The Planning Commission shall keep a record, which shall be open to the public, of its resolutions, proceedings, substantive arguments and actions.

      13.   Public Meetings: All meetings of the Planning Commission shall be open to the public. Persons attending a meeting of the Planning Commission shall be given the opportunity to speak for or against any application before the Planning Commission.

      14.   Conflicts of Interest: No member of the Planning Commission shall vote or participate in the Commission's discussion of any question before the Planning Commission in which he or she has a personal or pecuniary interest. All members of the Planning Commission are subject to the City's Code of Ethics as provided in Chapter 206 of the Administration Code.

   D.   Work Session: The Planning Commission may hold a work session(s) as needed to review informal proposals, provide information and feedback to an applicant prior to filing of a formal application, and to request additional information for pending applications.

   E.   Formal Meeting: The Planning Commission shall hold a formal meeting at which complete applications and cases referred to the Planning Commission by the Technical Review Committee (TRC) and/or the City Planner shall be considered. Prior to review and action by Planning Commission, these applications may be reviewed by the TRC, reported on, and presented to the Planning Commission by staff.

   A.   Role: In order to execute the purposes declared in this ordinance, there is hereby created a commission to be called the Board of Architectural Review (BAR).

   B.   Duties and Powers of the Board of Architectural Review

      1.   Site Plan Review: The BAR shall have the power to approve or disapprove alterations to site plan element(s) within the Architectural Preservation District (APD) in accordance with the requirements and procedures contained within this Zoning Ordinance;   

      2.   Design Review Criteria Booklet: The BAR shall adopt, update, and make available to any interested persons a booklet containing architectural design guidelines for buildings, signs, landscaping;

      3.   Demolitions: The BAR shall have the power to approve or disapprove the demolition of all buildings within the APD in accordance with the procedures and criteria established within this ordinance;

      4.   Adoption of the BAR Color Chart: The BAR shall adopt a color chart of exterior building color schemes approved for use within the APD. This color chart and all adopted amendments to it shall be known as the BAR Color Chart and shall hereby be incorporated by reference and made a part of this Ordinance;

      5.   The BAR shall recommend to Council structures or sites to be designated as landmarks;

      6.   The BAR shall decide applications regarding the preservation, restoration, reconstruction, or rehabilitation of a designated landmark;

      7.   Consultants: The City Manager, at the request of the BAR, may temporarily retain the services of a consultant for special instances or circumstances to assist the BAR in performing its duties;

      8.   Education of the Community: The BAR shall have the power and duty to inform the citizenry about the cultural and architectural history of the community;

      9.   To assist with the implementation of the principles, goals and strategies of the Centerville Forward Comprehensive Plan; and (Ord. 15-25)

      10.   Additional Powers: The BAR shall have all additional powers granted by the City Council.

   C.   Officers, Meetings, Conflicts of Interest

      1.   Composition: The BAR shall consist of 7 members who are appointed by City Council. In considering appointments or reappointments to the BAR, City Council shall attempt to achieve the following BAR composition:

         a.   At least 4 members residing, conducting business, or owning a property or business within the Architectural Preservation District;

         b.   At least 1 member of the Centerville-Washington Township Historical Society;

         c.   2 members not included in either category "a" or "b" above; and

         d.   At least 2 of the above 7 members should be professionals in the disciplines of architecture, history, architectural history, historic preservation, city planning, archaeology, or related disciplines, to the extent such professionals are available in the community.

      2.   Terms of Office: The term of office for a member of the BAR shall be 4 years. Members of the BAR appointed by City Council under Ordinance 11-86, hereby repealed, shall automatically be reappointed to fill their unexpired term of office.

      3.   Compensation: Members of the BAR shall serve without compensation.

      4.   Vacancies: City Council shall appoint a new member to fill the unexpired term of any BAR member whose place has become vacant.

      5.   Removal from Office: Removal from office shall be in accordance with the provisions of the Charter of the City of Centerville, Ohio.

      6.   Officers: A Chairperson shall be appointed by City Council from the members of the BAR. The Vice-Chairperson shall be appointed by the Chairperson.

      7.   Terms of Officers: The Chairperson and Vice-Chairperson shall serve a 1 year term of office.

      8.   Meetings: The members of the BAR shall hold as many meetings as may be necessary to carry out their duties.

      9.   Quorum: Four (4) members of the BAR shall constitute a quorum for the transaction of business. (Ord. 15-16)

      10.   Voting: A majority of the quorum shall be required to adopt a motion. (Ord. 15-16)

      11.   Meeting Minutes: The BAR shall keep a record, which shall be open to the public, of its resolutions, proceedings, substantive arguments and actions.

      12.   Public Meetings: All meetings of the BAR shall be open to the public. Persons attending a meeting of the BAR shall be given the opportunity to speak for or against any application before the BAR.

      13.   Conflicts of Interest: No member of the BAR shall vote or participate in the Board's discussion of any question before the BAR in which he or she has a personal or pecuniary interest. All members of the BAR are subject to the City's Code of Ethics as provided in Chapter 206 of the Administration Code.

   D.   Rules: The BAR shall adopt rules for holding regular formal meetings, work sessions and special meetings, for the transaction and disposition of its business and the exercise of its powers.

   E.   Work Session: The BAR may hold a work session as needed to review informal proposals, provide information and feedback to an applicant prior to filing of a formal application, and to request additional information for pending applications.

   F.   Formal Meeting: The BAR shall hold a formal meeting at which complete applications and cases referred to the BAR by the Technical Review Committee (TRC) and/or the City Planner shall be considered. Prior to review and action by the BAR, these applications may be reviewed by the TRC, reported on, and presented to the BAR by staff.

   A.   Role: The City Manager shall assign the City Planner or other appointed designee to administer the UDO.

   B.   Administration: For the purpose of the UDO, the City Planner shall:

      1.   Interpret the meaning and application of the UDO;

      2.   Issue zoning certificates, accessory use permits, sign permits, and other administrative permits;

      3.   Serve as administrative staff to the Planning Commission and Board of Architectural Review.

      4.   Accept and certify, as to completeness, all submitted applications. Incomplete applications will not be placed on an agenda;

      5.   Establish and publicize the agenda for all meetings;

      6.   Place informal proposals on the agenda of the TRC, Planning Commission, and Board of Architectural Review;

      7.   Respond to inquiries;

      8.   Maintain permanent and current records in conformance with the City's Records Retention/Disposition Policy.

      9.   Review and decide on Minor Site Plans.

      10.   Review and recommend Major Site Plans.

      11.   Interpret the UDO text and zoning map as outlined in Section 5.07.

      12.   Serve as chairperson to of the TRC; and

      13.   Provide minutes of all Planning Commission and Board of Architectural Review meetings.

   C.   Enforcement: The City Manager shall assign the City Planner, Code Enforcement Officer or other appointed designee to enforce the UDO. For the purpose of the UDO, the City Planner shall:

      1.   Conduct inspection of sites, buildings and uses of land to determine compliance with the UDO; and

      2.   Determine the existence of any violations of this UDO, issue notifications, or initiate other administrative or legal action as needed.

   A.   Role: The TRC is the technical review body composed of City staff responsible for the initial review of applications submitted to the City under the UDO.

   B.   Powers and Duties: The members of the TRC shall review all applications forwarded to it by the City Planner and respond to other issues to be considered by the City Council, Planning Commission, and the Board of Architectural Review that are relevant to the purpose, intent, and implementation of the UDO and other related regulations, as determined by the City Planner, Planning Commission or Board of Architectural Review.

   C.   Membership: The TRC shall be comprised of at least 1 staff member from the Departments of Development, Public Works, Planning, Engineering and Fire Division. Additional persons possessing specific expertise in a matter relating to a given application or issue may be added to the TRC, as determined by the City Planner including, but not limited to, Building Inspection, Economic Development, Police Division, and the Law Director. (26-24)

   D.   Meetings: The City Planner will serve as the Chairperson to the TRC, schedule meetings, and prepare follow-up reports as appropriate. At his/her discretion, the City Planner may invite the applicant to attend the TRC meeting. The TRC meeting for an application shall occur before the staff report is prepared for that application.

   A.   Purpose: Within the district established by this Ordinance, nonconformances include lots, uses of land, structures, and structures and land in combination that exist and were lawful before this Ordinance was passed or amended, but would be prohibited, regulated or restricted under the terms of this Ordinance. The legitimate interest of those who lawfully established these nonconformities are recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension and/or substitution. Nothing contained in this Ordinance shall be construed to require any change in the layout, plans, construction, size or use of any lot, structure or structure and land in combination for which a zoning permit became effective and does not lapse prior to the effective date of this Ordinance. While it is the intent of this Ordinance that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. Nonconformity shall not be moved, extended, altered, expanded, or used as grounds for any other use(s) or structure(s) prohibited elsewhere in the district without the approval of the Planning Commission, except as otherwise specifically provided for in this Ordinance.

   B.   Incompatibility of Nonconformities: Nonconformities are declared by this Ordinance to be incompatible with permitted uses in the districts in which such uses are located. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this Ordinance or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.   

   C.   Avoidance of Undue Hardship: To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.    

   D.   Certificates of Nonconformance: The City Planner may, upon his/her own initiative, or shall upon the request of any owner, issue a zoning certificate for any lot, structure, use of land, use of structure or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The Certificate shall specify the reason why the use is a valid nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this Section is to protect the owners of lands or structures that are, or becoming, nonconforming. No fee shall be charged for such a certificate. One (1) copy of the certificate shall be returned to the owner and 1 copy shall be retained by the City Planner, who shall maintain, as a public record, a file of all such nonconforming lots, structures, uses of land, uses of structures, or uses of structures and land in combination.   

   E.   Substitution of Nonconforming Uses: So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon appeal to and approval by Planning Commission, be changed to another nonconforming use of the same classification or of a less intensive classification, provided that Planning Commission shall find that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, Planning Commission may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of such change, and failure to meet such conditions shall be considered a punishable violation of this Ordinance. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, such use shall not thereafter be changed to a more intensive use or other nonconforming use.

   F.   Single Nonconforming Lots of Record: In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both (that are generally applicable in the district), provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

   G.   Nonconforming Lots of Record in Combination: If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Ordinance.   

   H.   Nonconforming Uses of Land: At the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance. These uses may be continued so long as they remain otherwise lawful, provided:

      1.   No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance;

      2.   No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Ordinance;

      3.   If any such nonconforming uses of land are voluntarily discontinued or abandoned for more than one (1) year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located; and

      4.   No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

      5.   A non-conforming recreational vehicle use of a premises shall be lost if any of the following shall occur:

         a.   The use is discontinued for more than 6 months;

         b.   The non-conforming recreational vehicle is replaced. Any replacement recreational vehicle must conform to all of the requirements of this UDO;

         c.   The ownership of the premises on which the non-conforming recreational vehicle use exists is changed and no former owner remains an owner; and

         d.   Eighteen months after the date of adoption of this Ordinance.

      6.   A non-conforming vehicle parking area use that is not graded and constructed with a hard paved surface shall be lost 18 months after the date of adoption of this Ordinance.

   I.   Nonconforming Structures: Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

      1.   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

      2.   Should such nonconforming structure or nonconforming portion of a structure be destroyed, by any means, to the extent of more than 50 percent of the cost of replacement at time of destruction of such structure, it shall not be reconstructed except in conformity within the provision of this Ordinance; and

      3.   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   J.   Nonconforming Uses of Structures or of Structures and Land in Combination: If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

      1.   No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

      2.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;

      3.   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

      4.   When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than 1 year (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and

      5.   When nonconforming use status is applied to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   K.   Termination of Use through Discontinuance: When any nonconforming use is discontinued or abandoned for more than 1 year, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance. In the event that any nonconforming building or structure is destroyed by any means to the extent of more than 50 percent of the cost of replacement of such structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use unless it conforms to all regulations of this Ordinance.

   L.   Repairs and Maintenance: On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement or non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this Section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Where appropriate, a building permit for such activities shall be required.

   A.   Enforcement by City Planner: It shall be the duty of the City Planner to enforce this UDO in accordance with these administrative provisions. All departments, officials and employees of the City of Centerville, shall comply with the provisions of this UDO, and shall issue no permit, license, or registration for any use, building or purpose in conflict with the provisions of this UDO. Any permit, license, or registration issued in conflict with the provisions of this UDO shall be voidable by the City Planner. The duties imposed on the City Planner shall not constitute a limitation on the power of other enforcement officers of this City to make arrest or to institute prosecutions for violations of this UDO.

   B.   Violations and Penalties: It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this UDO, or any amendment or supplement thereto adopted by the City Council of the City of Centerville. Any person, firm, corporation, or other legal entity violating any of the provisions of this UDO, or any amendment or supplement, shall be guilty of a fourth degree misdemeanor (ORC Section 713.13). Upon conviction, the person, firm, corporation, or other legal entity shall be fined not more than maximum permitted by law. Any person, firm, corporation, or other legal entity that is convicted of violating any of the provisions of this UDO, having been previously convicted of violating any of the provisions of this UDO, or any amendment or supplement within 2 years of the offense charged, shall be guilty of a fourth degree misdemeanor and fined not more than the maximum permitted by law. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, shall be deemed to be a separate offense.

   C.   Violations, Remedies: In case any building, is or is proposed to be used, in violation of this UDO, or any amendment or supplement, the City Council, City Manager, Municipal Attorney, City Planner or any adjacent or neighboring property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use. The action could be to restrain, correct or abate such violation; to prevent the occupancy of said building structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

   D.   Exemptions: Government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this UDO at the discretion of the Law Director or the City Planner. (26-24) 

   E.   Nothing herein contained prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

   F.   A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 9.49 of this UDO is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of up to $200 dollars or 30 days imprisonment. Each day a sexually oriented business so operates is a separate offense or violation.

   G.   Whoever causes, by willful action or willful neglect, any alteration of or demolition of any designated landmark in violation of this chapter shall be required to restore or reconstruct such buildings in accordance with the standards of this UDO. Restoration or reconstruction shall be in addition to any criminal penalty and not in-lieu thereof.

   A.   Interpretations

      Some terms or phrases within the Code may have 2 or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text.

   B.   Code Interpretation Procedure

      1.   Requests: Any person, firm, corporation, or other legal entity may request a code interpretation. A code interpretation shall be made in writing to the City Planner.

      2.   Decision to Issue Interpretation: The City Planner shall have the authority to interpret the code, or refer the request to the Planning Commission for its interpretation. The City Planner shall, within 14 days after the request is made, review and advise in writing on whether or not the City will make an interpretation.

      3.   Written Interpretation: If the City decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to all parties that requested the interpretation. The written interpretation shall be issued within 14 days of the request. The decision shall become effective 10 working days later.

      4.   Appeals: The applicant and any party who received notice or who participated in the proceedings through the submission of written or verbal evidence may appeal the decision to the Planning Commission citing the procedure outlined in Section 5.19. The appeal must be filed within 10 days after the interpretation was mailed to the applicant. Initiating an appeal requires filing a notice of appeal with the City Planner pursuant to Section 5.19. (Ord. 04-18)

      5.   Interpretations on File: The City shall keep on file a record of all code interpretations.